Terms and Conditions

 

pondlondon.com is an e-commerce service operated by Pond . 

Pond and pondlondon.com website and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). By visiting pondlondon.com, you are accepting and consenting to the practices described in the TOS.

We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

ELIGIBILITY TO PURCHASE

The purchase of merchandise through Pond/pondlondon.com is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.The Site is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit card by a bank acceptable to Pond London and who have authorised Pond London to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Pond London reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Pond London feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

ACCEPTANCE OF YOUR ORDER AND THE CONTRACT BETWEEN YOU AND US

We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. This sale contract is concluded in London, England and the language of the contract is English.Only persons entitled to enter into legally binding contracts are entitled to transact through this site. Any individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.Furthermore, 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 merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PRICING AND PAYMENT

The prices payable for goods that you order are as set out in our website. All of our prices are in UK Pounds - any other currency displayed on the site is for comparison only. You will be billed in UK Pounds and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.

You may 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 website. If you are buying from outside the UK, you will also incur any duties levied by the jurisdiction to which you have specified delivery. We will contact you with this amount before completing your order.

Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta,  Maestro debit cards and Paypal. Payment will be debited and cleared from your account upon receipt of your order by Pond London. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.If the issuer of your payment card refuses to authorise payment to Pond London, we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site as secure as we can make it. Our merchant services  have been audited by a PCI-certified auditor, and is certified to PCI level 1 provider. This is the most stringent level of certification available. All credit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions.To help ensure that your shopping experience is safe, simple and secure Stripe uses Secure Socket Layer (SSL) technology. Furthermore, 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 procures unauthorised access to any data you provide when accessing or ordering from the Site.

YOUR RIGHTS TO CANCEL YOUR CONTRACT 

After each purchase from pondlondon.com you have the right to a 7 day “cooling off period”. Subject to the conditions outlined below, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods.

LIABILITY

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 by e-mail of the problem within 7 working days of the delivery of the goods in question at info@pondlondon.com.

If you do not receive goods ordered by you within 14 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 28 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:

1. To make good any shortage or non-delivery

2. To replace any goods that are damaged or defective

3. To refund to you the amount paid by you for the goods in question in whatever way we choose. 

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 us of 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 as mentioned above.

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.

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.We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.

  We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described shall remain at all times vested in Pond / pondlondon.com. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Pond and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Pond as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Pond, and we shall not be liable for any representation, act, or omission on your part.

GOVERNING LAW

Each and every transaction carried out on this site is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. 

ENTIRE AGREEMENT

These Terms & Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms & Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

EVENTS BEYOND OUR CONTROL

We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access