Poles, Track & More

Terms & Conditions

1.Interpretation

In these Terms, the following definitions apply:

  1. Goods: Any Goods in an order to be supplied by us to you (including any parts of them).
  2. Customised order: An order where you purchase a custom assembled curtain pole/track set (for example a 3 sided bay pole with an additional 150cm pole included)
  3. Order: An order for Goods submitted by you via our Website.
  4. Terms: These Terms and Conditions of sale applicable to our supply of Goods to you.
  5. Trading Address: CW Curtains and Blinds LTD, 21B Cranbourne Road Industrial Estate, Cranbourne Road, Potters Bar, Herts EN6 3JN, United Kingdom.    
  6. 1.6 We, us and our: Poles, Tracks & More, trading from the Trading Address
  7. Website: www.polestracksandmore.com
  8. You and your : any person who purchases Goods from us.

Headings do not affect the interpretation of these Terms.

2. Our Contract with You

These are the Terms on which we will supply Goods to you.

2.1 When you place an Order on our website it is an offer which we may accept or reject at our discretion.

2.2 These terms shall only become binding on you and us at the earlier of:

2.2.1 When we issue you with a written acceptance of an Order (which shall include email accceptance); or

2.2.2 When we deliver the Goods to you.

2.2. A quotation shall be valid for 30 days unless we notify you in writing during this period that the quotation has been withdrawn.

 

 

2.3 You are responsible for the details and any measurements contained in an Order. Please ensure their accuracy before submitting your Order.

2.4    Any quotation that we give for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause

2.5 We have the right to amend these Terms from time to time. You will be subject to the version of the Terms in force at the time you order Goods from us, unless any change to those policies or these Terms is required by law of Government or regulatory authority.

2.6 These Terms, together with our privacy policy [WHICH CAN BE FOUND AT……]and the completed Order will form the entire agreement between us in relation to the Goods.

3. The Goods

3.1 All Goods information and photography contained within our Website are provided for illustrative purposes only to give you an approximate idea of the Goods they describe. Whilst we try to make sure that information and descriptions are as accurate as possible, we do not guarantee their accuracy. If you need more specific details on the item(s) you are purchasing, then we advise you to contact us beforehand and we can provide advise for you.

3.2 Any small variation or change in the colour, design, material or pattern between the description 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.

3.3 We warrant that on delivery, and for a period of 12 months from delivery, the Goods shall:

3.3.1 conform in all material respects with their description;

3.3.2 be of satisfactory quality;

3.3.3 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

3.3.4 be free from material defects in design, material and workmanship; and

3.3.5 comply with all applicable statutory and regulatory requirements.

3.4 The warranty contained in clause 3.3 is in addition to your legal rights in relation to the Goods which are faulty or which otherwise do not conform with these terms.

3.5. The warranty contained in clause 3.3 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.3.6     These terms apply to any repaired or replacement Goods we supply to you.

4. Customised orders.

4.1. In the event of you ordering a custom assembled set (for example a 3 sided bay pole with an additional 150cm pole included), it is your responsibility to ensure that you have measured and chosen the items correctly beforehand.

5. Defective Goods and Returns

5.1 Subject to clause 5.3 if on delivery of the Goods:

5.1.1 there is damage to Goods that has been caused in transit, which includes any visible damage to outer carton and/or external packing; or

5.1.2 there are any shortages in the Goods; or

5.1.3 the incorrect Goods have been delivered; or

5.1.4 they do not conform with these Terms; or

5.1.5 the defect arises within a 12 month period from delivery.

please let us know as soon as possible as we must receive photographs of the damaged item(s) beforehand. We will ask you to return the Goods to us at your cost. Once we are satisfied that the returned Goods are defective (within the meaning of clauses 5.1.1 to 5.1.5) we will reimburse your reasonable postage costs.

5.2. Once we have checked the Goods and in our reasonable opinion the Goods are defective (within the meaning of clauses 5.1.1 to 5.1.5), we will at our option:

5.2.1 replace the Goods; or

5.2.2 repair the Goods.

5.2.3 deliver them to you free of charge.

5.3. If upon inspection of the returned Goods we decide in our reasonable opinion that the defect or defects have been caused by your negligence and/or alteration and/or modification and/or misuse of the Goods, we will notify you and you will need to make provisions to collect the Goods from us at your own expense.

5.4. Unless you notify us in writing within 7 days of the date of delivery of the Goods they will be deemed to have been received by you undamaged and in good order.

5.5. If a defect in the Goods arises after 12 months from the date of delivery we may repair the Goods for you and you will be accountable for the payment of our charges on a time and material cost basis as agreed in writing in advance between us.

6. Delivery

6.1. Delivery of the order shall be completed when we deliver the Goods to the delivery address submitted on your order form.

6.2. Any dates we specify for delivery are an estimate only. We normally aim to deliver goods within the delivery time stated in working days on each product page, (except for made to measure goods please see specific goods for estimated delivery times).

6.3. If you order multiple goods we may deliver them in instalments and if so there will be no extra delivery fee incurred.

6.4. Where we have notified you that we have insufficient stock to complete your order any dates we specify for getting the Goods back into stock and delivered to you are an estimate only.

6.5. On delivery, you are responsible for completing all necessary checks to ensure that the Goods are the Goods you intended to purchase, the Goods are fit for the use that you intend to use the Goods for and in accordance with any order (both in terms of description and quantity) before you use the Goods.

7. Title and Risk

7.1. The Goods will be your responsibility from the time of delivery.

7.2. Ownership of the Goods will only pass to you when we receive payment in full for all sums due for the Goods, including delivery charges if any.

8.Pricing and Payment

8.1. The prices for the Goods are as specified on the website. Prices may change and the applicable price is that shown in the website on the day upon which your order is placed.

8.2. For all Goods ordered, the total price payable includes all applicable taxes. This will be shown at the time of order on the order confirmation page of the website.

8.3  If additional delivery charges are payable in respect of deliveries made to locations within the UK or if there is any change in delivery cost we will notify you. Only upon your acceptance and payment of the additional costs in full will we accept your order and issue you with an order confirmation.

8.4  Deliveries outside the UK will only be made once authorised by us and may be subject to an additional cost. If a delivery is required outside the UK place your order as normal and we will contact you within 48 hours with the additional delivery cost. Only upon your acceptance and payment of the additional cost in full will we accept your order and issue you with an order confirmation.

8.5. Once your order has been accepted by us we will charge your debit or credit card for the full order payment and any additional delivery cost subject to clauses 8.3 and 8.4.

9. Right to cancel your contact

9.1. This clause 9 only applies if you are contracting as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000.

9.2. This clause 9 does not apply to any customised orders ordered as per clause 4.

9.3. From the date commencing after you place your order you have 7 days (the cooling off period) in which to cancel the order subject to clauses 9.5 and 9.6 below to obtain a full refund of any price already paid. The refund will be made within 30 days of us receiving the notification that you want to cancel the order. No reason for the order cancellation is needed.

9.4. You must notify us in writing of your wish to cancel the order using the email address info@polestracksandmore.com.com or by letter disclosing your name, address, phone number and order number.

9.5. If the Goods have been delivered to you before the time limit in clause 9.3 has expired, you must return the Goods to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Goods while they are in your possession and you must ensure the Goods are new and unused and in their original branded packaging with all manufacturers’ labels still attached when they are returned to us.

9.6. We will inspect the returned Goods on receipt. If you have failed to comply with your obligations in clause 9.5 we will not issue a refund for the Goods. If this is the case you will need to make collection of the Goods from us at your own expense.

10. Discretionary Returns

10.1. This clause 10 does not apply to customised orders.

10.2. We may, but are not obliged to, accept returns of the Goods after the cooling off period in clause 9 has expired and up to 28 days following the date of delivery. If you want to return Goods you must notify us in writing.

10.3. A refund given by us pursuant to this clause 10 excludes any and all delivery charges paid by you.

10.4. Any Goods you return to us for a refund must be new and unused and still in original and unopened branded packaging with all manufacturers’ labels still attached.

10.5. You are responsible for ensuring that the Goods are adequately packaged to avoid damage and insured during transit.

10.6. We will inspect the returned Goods on receipt. If you have failed to comply with your obligations under this clause 10 we are not obliged to offer you a refund and we will notify you. In such a circumstance you will be responsible for arranging and paying for collection of the Goods.

10.7. If on inspection of the returned Goods we agree to offer a refund we will notify you and the payment will be refunded within 30 days of our notification.

11. Cancellation by us

11.1. We reserve the right to cancel your order if:

11.1.1 We have inadequate stock to fulfil your order; or

11.1.2 An item or items ordered is listed with an incorrect price due on our website or an error in the pricing given to us by our supplier.

11.2 If an order is cancelled by us we will inform you by email and will reimburse your account with the sum of your order debited by us from your credit or debit card within 30 days of the cancellation notice.

12. Our liability to you

12.1 Subject to clause 12.2, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms including but not limited to:

12.1.1 Loss of income or revenue;

12.1.2 Loss of profit;

12.1.3 Loss of business;

12.1.4 Loss of anticipated savings;

12.1.5 Loss of data; or

12.1.6 Any waste of time.

12.2 Nothing in these Terms excludes or limits in any way our liability f or:

12.2.1 Death or personal injury caused by our negligence;

12.2.2 Fraud or fraudulent misrepresentation;

12.2.3 Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

12.3 We accept no liability for all and any direct and indirect loss you suffer as a result of reliance placed on dates for delivery which we provide you with. As per clause 6 dates we give are an estimate only.

12.4 In circumstances where you suffer loss or damage in connection with the viewing, use or performance of the Website or its contents other than as a direct result of purchasing our Goods, we accept no liability for this loss or damage (except where we have been negligent) whether due to in accuracy, error, omission or any other cause.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms that is caused by events outside our reasonable control ("Force Majeure Event”).

13.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

13.2.1 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13.2.2 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.2.3 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.2.4.Impossibility of the use of public or private telecommunications networks;

13.2.5 The acts, decrees, legislation, regulations or restrictions of any Government; or

13.2.6 Pandemic or epidemic.

13.3 Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

14. Intellectual Property Rights

14.1 All material on the Website is covered by copyright laws and we reserve all rights in such materials. Accordingly you should not copy, reproduce or retransmit any material from the Website apart from downloading the order form or other pages for your own personal use.

15. General Provisions

15.1 We may transfer our rights and obligations under these Terms but this will not affect your rights an obligations under these Terms.

15.2 If any provision of these Terms shall become illegal or enforceable for any reason whatsoever then these Terms shall take effect as if such provision had been omitted and the remainder of these Terms shall not be affected.

15.3 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

15.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

15.5 These terms and your use of the Website are governed by the laws of England and Wales and you submit to the non-exclusive jurisdiction of the English Courts.

16. Notices

16.1 All notices shall be given to us:

16.1.1 By post to our Trading Address

16.1.2 By e-mail to info@polestracksandmore.com

16.2 All notices shall be given to you:

16.2.1 By email; or

16.2.2 By the post to the address you provided on your order.

16.3  Notices will be deemed received:

16.3.1 By post, 3 business days after posting; and

16.3.2 By e-mail on the next business day.