T&C's

Terms & conditions

 

July 2019

 

This website is operated under licence by Polesilks Ltd (referred to as "PoleGrip/Polesilks/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyperlinks)

 

Please:

  • Read through these terms and conditions carefully before using this website.
  • Print a copy for future reference.
  • Also read our Privacy policy section regarding your personal information.

 

1. General

 

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

 

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

 

1.3 When you use certain services (including without limitation Easy Payments) please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

 

1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).

 

2. Order process

 

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

 

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from PoleSilks Ltd

 

2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the product/s ordered unless we have notified you that we do not accept your order or you have cancelled it.

 

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact us.

 

2.5 If an order is placed and the item was ordered correctly but no longer required the cost to return the item will be met by the customer (We will arrange collection for equipment ONLY) You will also incur a handling charge of 25% of the original invoice total.

 

3. Delivery

 

3.1 Areas of this website are for delivery of products to customers in mainland USA addresses only. For orders outside of the USA please contact if your country is not listed please email us the contact form on our website. All goods must be signed for by an adult aged 18 years or over on delivery.

 

3.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. PoleSilks Ltd shall be under no liability for any delay or failure to deliver the products within estimated timescales.

 

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

 

4. Payment

 

4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by Paypal can be found at www.paypal.co.uk, or by STRIPE for all credit card payments can be found using this LINK 

(Polesilks Ltd is not responsible for the content of external websites.)

 

4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

 

4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:

 

4.4 Payment can be made by any method specified on our website.

 

4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

 

4.6 All prices are shown in US Dollars and include taxes (where applicable) at the applicable current rates.

 

5. Intellectual Property

 

5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorized by us or our licencors.

 

5.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

6. Liability and Indemnity

 

6.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

 

6.2 Subject to Section 7.1 above, PoleSilks Ltd will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website PoleSilks Ltd will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and PoleSilks accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

 

6.3 Subject to Section 7.1 above, PoleSilks Ltd will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

 

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss of goodwill or reputation; or
  • special or indirect losses
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

 

6.4 Notwithstanding the above, subject to Section 7.1 PoleSilks Ltd aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

 

6.5 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

 

6.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

 

7. Miscellaneous Provisions

 

7.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

7.2 We have selected Our products on the basis that they will be used for domestic and use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

 

7.2.1 In the case of goods arriving damaged or developing faults, we require notification in wring within 7 days.  Warranty goods must not be returned under until the Company's consent has been obtained. If, on examination of the goods, by the Company, we find that defects arise from faulty materials or workmanship, the Company will, at its option, repair or replace the goods free of charge.

Note: The Company is unable to accept any liability save to the extent and in the circumstances described above. In particular, The Company cannot be liable for any financial loss, injury or damage caused to the buyer or any other person caused by any defect in the goods except to the extent that its negligence caused it or contributed thereto. The Company cannot therefore be responsible for the negligence of others. 

 

7.3 PoleSilks Ltd shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

 

7.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

7.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by PoleSilks Ltd.

 

7.6 PoleSilks Ltd reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

 

7.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforce ability of the other sections of these terms and conditions shall not be affected.

 

7.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

 

7.9 No delay or failure by PoleSilks Ltd to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of PoleSilks Ltd.

 

7.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and PoleSilks Ltd relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and PoleSilks Ltd for your use of this website.

 

8. Shipping

8.1 We will aim to delivery your order within 7 to 10 working days. PoleGripUSA.com is solely for sales in the USA and for deliver to any other country please visit our dedicated website using this LINK

All our packages are signed for and come out in plain package to be discreet.

Upon the day of delivery, customers will have 24 hours to report any damage to us by email HERE 

 

8.2 Returns Policy

NO RETURNS or REFUNDS PERMITTED ON ALL SALE ITEMS

If your purchase is damaged you can return it within 7 days of receipt, for a full refund or exchange, however we will ask for photographic evidence via email and this must have been reported to us within 24 hours of receiving your initial delivery.

We will then credit your account with the value of the goods. Please allow up to 30 days for the credit to show on your account. If for any reason a wrong size has been ordered and an exchange is not wanted, a credit note will be issued to you for the full amount owed.

We do not refund the postage costs in getting the goods to you. It is also the customer's responsibility to ensure the safe return of the goods and at their cost via tracked mail.

Orders returned from abroad will not be refunded outward/return postage costs. Item/s must be returned in a brand new state with all stickers intact.

If when your item/s are returned they look as though/are deemed to have been worn or have been damaged we will issue a credit note only. No refunds will be given for worn footwear and or damaged footwear.

To return the items to us please email for the address with the date of your purchase and invoice number which starts with a #.

Please make sure the items are correctly protected to avoid damage.

Please post your items back to us using a tracked service like USPS, FedEx or UPS

PoleSilks Ltd will not repair, replace or substitute any goods that have been, in the our opinion, subject to an accident, normal wear and tear, abuse, modification, attempted repair or misuse.

All postage costs for goods supplied correctly are the responsibility of the purchaser.

 

The PoleGrip USA website is owned by PoleSilks Ltd and operated under UK LAW

 

Polesilks Ltd

Office 7, Castledine House,

5 Heanor Road,

Ilkeston,

Derbyshire,

England,

DE7 8DY

 

Registered in England with Company Number 09509825

 

We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding the PoleGrip USA website, please email us for more information at polegripusa@gmail.com