Please read the following carefully. Your use of the POLE DESIGN website and purchase of the goods on it means that you agree to these Terms and Conditions.
"Contract" means the contract between www.poledesign.co.uk and you, the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; "You/Buyer" means the individual or organisation who buys or agrees to buy the Goods from us; "Goods" means the articles that the Buyer agrees to buy; " We/Us" means POLE DESIGN, Bonnington Bond, 2 Anderson Place, Edinburgh, EH6 5NP Tel : 0345 241 1242 that owns and operates www.poledesign.co.uk; "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by Us; "Website" means www.poledesign.co.uk.
Nothing in these Terms and Conditions shall affect your statutory rights.
These Terms and Conditions shall apply to all contracts for the sale of Goods by us to you.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us. Any complaints should be addressed to us at the address which can be found on our Contact Us page.
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery times and returns. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct. Please be aware that there may be slight variation in colours due to effects of photography and viewing on different screens. Also due to the handcrafted nature of some products there may be slight variations in colours and pattern. Any small variation or change in the colour, design, material or pattern between the description or sample and the goods delivered to you shall not entitle you to refuse the goods nor to declare any compensation for any such variation or change. Please note that unless specified otherwise the colour of the pole relates to the finish, not the materials composition. Please request a sample if unsure of colour.
All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by us. We may choose not to accept an order for any reason.
After the order is received we will send you an email to confirm that we ha ve received it. This email confirmation is produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.
Where the Goods ordered by you are not available from stock and delivery will take longer than the estimated delivery times shown on the site we will notify you by email, you will then have the option to either wait until the Goods are available or cancel the order and receive a full refund within 14 days.
Price And Payment
The price of the Goods shall be that stipulated on the Website. The price excludes delivery charges. All prices include UK VAT. Delivery to the Channel Islands are exempt from VAT and the VAT will be deducted from the total at checkout.
The total purchase price, including delivery charges, if any, will be displayed in your shopping basket prior to confirming the order . Payment of the total order price and delivery charges must be made in full before dispatch of the Goods.
Goods supplied within the UK mainland will normally be delivered within 28 working days of acceptance of order.
- Order placed up to the value of £95.00 cost £8.95 to deliver to the UK only.
- Orders placed above £95.00 are delivered free of charge to the UK Mainland only.
- If you have selected UK for your order, but the delivery address is outwith the UK, we will contact you to request the correct delivery charge before the order is processed.
- Orders to the Scottish Highlands and Islands may be requested to pay for extra postage. This will be post code dependent. POLE DESIGN will contact you and discuss your order if you are not in our delivery areas.
POLE DESIGN has the right to request extra shipping fees or cancel the order if customer is found to tick incorrect location. We will notify you if this happens.
We can deliver overseas but an extra shipping fee will apply. Please purchase online and we will get back to you with additional shipping charges. No money will be taken until you have agreed with these costs. If you are not happy with the shipping costs the order will be cancelled.
We shall use all reasonable endeavours to meet any date agreed for delivery, however delivery dates cannot be guaranteed and therefore we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
POLE DESIGN has the right to request extra payment or cancel order if the shipping address is not ticked correctly.
Your goods will be delivered by one of a number of carriers. The carrier used will depend on the physical size of your order. All items will require a signature for proof of delivery, so please ensure that someone is at the delivery address when items are due. If no one is available to accept delivery goods will be taken back to the carriers depot. Unfortunately we are unable to specify a time for delivery; delivery could be any time between 9am and 5pm Monday to Friday. We can deliver to an alternate address such as a neighbours address, however there must be someone available to accept delivery.
Please do not contact suppliers regarding their products; they will only deal direct with ourselves regarding faulty or damaged goods. Any Queries MUST be dealt with by POLE DESIGN.
Title and risk in the Goods shall pass to you upon delivery of the Goods to the agreed delivery address. Once the goods are signed for they cease to be the property of POLE DESIGN, and it is the customer's responsibility to ensure that they are received and signed for by a authorised person and that they arrive in good condition.
Any Damaged parcel must be brought to the attention of the courier and not accepted. Once the parcel is signed for in good condition they then become your property. All couriers are expected to stay approx 10 minutes to ensure that goods are inspected. It is your responsibility to do so. Please ensure that parcel is in good condition and complete.
Cancellation Before Delivery
You have the right to cancel your order for the goods up to 14 days after the date the order was placed. No reason for order cancellation is needed nor will you incur a payment penalty. To cancel your order you must inform us by email with your order number. You cannot cancel or change your order if the goods you have ordered are manufactured to order, made to measure or custom made to your specifications or requirements as we are unable to resell them. Once we have accepted your order for made to measure or custom made goods and they are entered into our order system or manufacturing process we are unable to acknowledge any changes to your goods ordered or cancel your goods without incurring a handling charge. If your order has already been dispatched please follow the procedure set out in our Returns policy.
You have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us by email within 14 days of receipt of the Goods. You must include your order reference, the name or code of the items you are returning and the date you placed your order. We will then issue a returns code and instructions on how to return the item. Items should not be returned to our business address.
The right to cancel does not apply to contracts for the supply of Made to Measure or Made to Order products (these products are clearly described on the Website). You are responsilble for returning the items within 14 days of order cancellation. Alternatively we can arrange collection for your item(s) using the same delivery carriers. Our carriers are used to transporting long and heavy goods. We simply ask you to ensure the package is securely packed in its original packaging. We reserve the right to refuse a refund on items that do not arrive back in satisfactory condition.
Please note the refund only covers the cost of the goods and not any original delivery charges that may have been incurred.
When we receive the returned Goods and have checked them to ensure they are re-sellable we will refund all monies due within 14 days.
Where payment was made by cheque we will refund by cheque to your Billing Address. All returned goods should be unopened and undamaged. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost to remedy any such damage. Unfortunately we can not accept returns after the curtain poles have been fitted. All poles and damages must be reported before fitting.
Sometimes the product specifications from the manufacturer may change, in which case we may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the substitute you can return it in accordance with the terms above.
Made-to-measure/made To Order Goods
As Made to Measure are to customer specification they cannot be returned under normal conditions. Made to Measure includes Made to Order, Alison Davies Design, Advent Designs or any item cut to length. Only under Manufactures defect can they be returned. Please ensure all measurements are accurate and that all specifications are understood. We cannot accept alterations, cancellations or liability for incorrect instructions or measurements.
Returns Policy - Defective Or Damaged Goods
You should inspect the Goods immediately upon receipt and notify us by email within 14 days of delivery if the Goods are damaged or the order is incomplete. You will be deemed to have accepted the Goods if you have not contacted us within 7 days of delivery. On receipt of your email we will contact you.
Where a claim of defect or damage is made we will contact you by email to arrange return of the Goods. You will be entitled to receive a replacement plus any return postal charges if the Goods are in fact defective.
We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
Change the Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. Your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website;
Periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order;
Withdraw any goods from the Website at any time. We shall not be liable to anyone for Withdrawal of Goods from the Website or for refusing to process an order. Whilst we make every effort to make online shopping an enjoyable process we may refuse to process an order if we suspect credit card fraud, we may contact you and will only process the order if we believe the details are legitimate.
Limitation Of Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
Every effort will be made to carry out the contract but its performance is subject to cancellation by Us or to such variations as we may find neccessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, Lockout or any other labour dispute, Fire, Flood, Drought, or other weather conditions, Legislation or other cause beyond our control.
No waiver by us (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Governing Law And Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.