Terms and Conditions

Please read the following carefully. Your use of the POLE DESIGN website and purchase of goods on it means that you agree to these Terms and Conditions.

Definitions

• "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 The Bradwell Group Limited 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.

Conditions

• 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 made via the form on our Contact Page.

Product Descriptions

• Each Product purchased is sold subject to its Product Description, which sets out additional Specific Conditions related to that Product, including 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.
• There may be slight colour variations due to the 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 patterns.
• In the case of made to measure goods, 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.
• Unless specified otherwise, the colour of the pole relates to the finish, not the material composition. Please request a sample if required.

Ordering

• 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 have 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 is 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.

Delivery

• Orders placed up to the value of £115.00 cost £14.95 to deliver to the UK only. Orders placed above £115.00 are delivered free of charge to the UK Mainland only.
• Orders to NI, Eire, and 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.
• 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.
• 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 carrier's depot. Unfortunately, we are unable to specify a time for delivery; delivery could be any time between 9 am and 5 pm Monday to Friday. We can deliver to an alternate address such as a neighbour's address; however, there must be someone available to accept delivery.
• Please do not contact suppliers regarding their products; they will only deal directly 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 an 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 up to 10 minutes to ensure that goods are inspected. It is your responsibility to do so. Please ensure that the 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. Made to Measure includes Silent Gliss, including components, Ashbridge, Byron & Byron, Advent Designs, any item cut to length, and made-to-measure curtains.
• 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.

Returns Policy

• For products that are not made to order, 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 or Goods shipped outside of the UK. 
• You are responsible for returning the items within 14 days of order cancellation.
• For curtain poles, we can arrange collection for your item(s) for an fee. 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 even though the order may qualify for free delivery from Pole Design. Some orders may incur a restocking charge; please check before ordering.
• When we receive the returned Goods and have checked them to ensure they are resellable, we will refund all monies due within 14 days.
• 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 cannot 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 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 specifications, they cannot be returned. Made-to-Measure includes Made-to-Order, Silent Gliss, including components, Ashbridge, Byron & Byron, Advent Designs, any item cut to length, and made-to-measure curtains. Only under the manufacturer's 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.

Consultancy Services and CAD Drawings

• Upon ordering a made to measure product, customers will receive consultancy services and CAD drawing(s) based on the initial measurements and specifications provided.
• It is the customer's responsibility to review and approve the CAD drawings promptly. If approval is not received within 90 days of the order date, we reserve the right to cancel the order and retain the payment as compensation for the consultancy services and CAD drawings provided.
• In the event of order cancellation due to non-approval within the specified period, no refunds will be issued.

Revisions to CAD Drawings

• The price of our made-to-order curtain poles and tracks includes up to two rounds of revisions to the CAD drawings if the initial measurements provided by the customer are inaccurate.
• Additional revisions beyond the two included rounds will be charged at a rate of £30 per revision.
• Customers are encouraged to provide accurate and precise measurements to minimize the need for revisions.

Returns Policy - Incorrect/Defective/Damaged Goods

• You should inspect the Goods immediately upon receipt and notify us by email within 7 days of delivery if the Goods are incorrect/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 the return of the Goods. You will be entitled to receive a replacement plus any return postal charges if the Goods are, in fact, defective.

Our Rights

• 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 the 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.

Frustration

• 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 necessary 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.

Waiver

• 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.

Severance

• 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 England, and the parties hereby submit to the exclusive jurisdiction of the English courts.

By placing an order with us, you acknowledge and agree to these terms and conditions.