INTRODUCTION
This Website is controlled and operated by Katharine Pooley Ltd, a company incorporated in England and Wales under company number 05014709, whose registered office is at 160 Walton Street, London, SW3 2JL.
Katharine Pooley may be referred to in these terms and conditions as “we“, “us“, “our” or “Katharine Pooley”. Our VAT registration number is 833126256.
This page sets out the terms and conditions on which we supply the goods listed on our Website. By ordering any of our goods you agree to be bound by these terms and conditions.
CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
Neither the display of goods on the Website nor the sending of “offers” to customers is an offer for sale (in the legal sense) but an invitation for you to make an offer in relation thereto. By submitting an order by clicking “order” you make a contractual offer to us in respect of such goods, which we are free to accept or reject. After submitting your order, you will receive a confirmation email from Katharine Pooley. We are entitled to terminate the contract between us for any reason and at any time up until the commencement of shipping of the products you have ordered.
All contracts entered into through the Website are made directly between the customer and Katharine Pooley Ltd.
CONTRACTS AND ORDERS
All orders are subject to acceptance by us and availability of the requested item(s). After placing an order you will receive an email from us acknowledging that we have received your order. The email will state the item(s) you have ordered, the cost (including VAT where applicable and postage and packaging) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted – your order constitutes an offer to us to purchase goods. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the “Dispatch Confirmation“). That email shall be sent via the ‘shop team’ via email and any further correspondence there on after.
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must:
- Register by providing your real name, phone number, email address, payment details and other requested information.
- Be over 18 years of age.
- Stipulate an accurate delivery address.
- Possess a valid credit or debit card issued by a bank acceptable to us.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Not meeting the eligibility to order criteria set out in the Terms & Conditions
If there are any problems with your order, you will be contacted by a member of the Katharine Pooley Shop Team.
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
On point of purchase Katharine Pooley will take full payment in advance of delivery. For our cancellation and refund policy please see Sections 5 and 7.
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from the Website.
PRODUCTS
Description
Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.
Dimensions
The dimensions given are written for your guidance. Before ordering furniture, please ensure that there is adequate room to take the furniture through any doorways and windows, taking note of any restricted passageways, stairs and awkward turns. Please refer to our access guidelines for further information.
Electrical Goods
All electrical items bought from the Boutique will be tested at the time of purchase. Katharine Pooley cannot accept any responsibility for electrical issues that may occur as a result of incorrect handling or fitting. An approved electrician must install all electrical goods.
Variation in Natural Materials
Variation may be found in colour, shading and finish with natural materials such as shagreen, horn & fur. As these items are made by skilled artisans, variation is inevitable. These give it its inherent character but please note that pairs may not be identical.
Wood
With exposure to light and air, cherry wood, maple and oak will mature to a deeper colour. This will be most pronounced in cherry wood, which mellows to a deep copper colour. For this reason objects placed on surfaces could leave ‘shadows’ when removed. Should this happen, exposure to daylight will eventually darken these paler areas.
Leather
Leather is a natural product and each hide will have its own individual characteristics and natural marks. Differences in the grain, texture and colour may be apparent from one hide to another and even within the same hide. Katharine Pooley selects only hides of the highest quality but some marking is inevitable and should be accepted as part of the individual appearance of leather furniture.
LIMITATION OF LIABILITY
We will only be responsible for any losses you suffer as a result of us breaching these terms and conditions and/or any Contract if the losses were reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.
We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.
Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.
LIABILITY
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events or circumstances outside our reasonable control.
GENERAL
If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, the same shall, to the extent required, be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these terms and conditions and shall in no way affect the validity or enforceability of any other provisions.
These terms and conditions supersede all prior agreements, arrangements and understandings between you and us concerning the Website and/or any Contract and constitute the entire agreement between you and us in respect of the access, browsing and use of the Website as well as the purchase of items made via the Website.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or been implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
No waiver by us of any breach of these terms and conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
These terms and conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
GOVERNING LAW AND JURISDICTION
These terms and conditions, your use of the Website and/or any Contract shall be governed by and construed in accordance with English law and the English courts shall have non-exclusive jurisdiction over any dispute which may arise.
