Consumer Terms & Conditions
These Consumer Terms and Conditions of Sale apply to customers who are consumers only.
If you are a trade customer please refer to our Trade Terms and Conditions of Sale.
These Consumer Terms and Conditions of Sale (together with any other documents referred to in it) explain the terms and conditions on which Pongees Limited (“Pongees”, “we”, “our”, and “us”) supply our online service to you for orders of luxury silks (“goods”) placed via our website (www.pongees.co.uk) (our “Site”) or by telephone.
Please read these terms and conditions carefully before you submit your order to us as these terms will apply to all orders you place. By placing an order with us, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not place an order.
If you have any questions about our terms and conditions, please contact firstname.lastname@example.org.
1. The contract between us
1.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.1. The prices payable for goods that you order are as set out in our Site.
2.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our Site.
3. Our goods
3.1. The images of our goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
3.3. We draw your attention to the following, which will not cause the goods to be considered of unsatisfactory quality:
3.3.1. any variations or irregularities in the weaving of the silk which are characteristic of the yarn;
3.3.2. any normal impurities in the silk fabric; or
3.3.3. any specific performance characteristics listed in the “Fabric Performance” sheet supplied with every delivery.
3.4. Where your contract with us is for a sale by sample, it is possible that there may be minor differences in the colour or finish of the goods as against the samples resulting from the processing of the goods. These minor differences will not cause the goods to be considered of unsatisfactory quality.
3.5. Where we have:
3.5.1. specifically drawn to your attention before the contract is made;
3.5.2. given you the opportunity to examine the goods before the contract is made;
3.5.3. provided a sample to you,
any defects in the goods which have been specifically drawn to your attention or are reasonably apparent on examination will not cause the goods to be considered of unsatisfactory quality.
3.6. Defects which have arisen from fair wear and tear, wilful damage, negligence, exposure to sunlight, failure to follow any care instructions we provide to you or any misuse of the goods will not cause the goods to be considered of unsatisfactory quality.
4. Right for you to cancel your contract
4.1. For most of our goods you order, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. You will not be able to cancel your contract with us if the fabric has been specifically dyed or processed according to your specification.
4.2. To cancel your contract you must notify us in writing using the cancellation form in the Schedule to these terms.
4.3. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
5. Cancellation by us
5.1. We reserve the right to cancel the contract between us if:
5.1.1. we have insufficient stock to deliver the goods you have ordered;
5.1.2. we do not deliver to your area; or
5.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
6.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2. If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
7.3. If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
7.3.1. to make good any shortage or non-delivery;
7.3.2. to replace or repair any goods that are damaged or defective; or
7.3.3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
7.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Pongees Limited, 9 Schooner Park, Crossways Business Park, Dartford, Kent DA2 6NW and all notices from us to you will be displayed on our Site from to time.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement