TERMS AND CONDITIONS

Please read the following carefully. Your use of the OnTrack.uk.com website and purchase of the goods on it means that you agree to these terms and conditions.

Ontrack (London) Ltd, 218 Kingston Road, New Malden, Surrey, KT3 3RJ

Mobile: 07903 229 721 / Phone: 01634 510153

Email: mail@ontrack.uk.com | Web: www.ontrack.uk.com

DEFINITIONS

"Contract" means the contract between OnTrack.uk.com and you, the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; "You/Buyer" means the individual or organization who buys or agrees to buy the Goods from us; "Goods" means the articles that the Buyer agrees to buy; "We/Us" means ONTRACK (London) Ltd / OnTrack.uk.com of 218 Kingston Road, New Malden, Surrey, KT3 3RJ Registered in England Company Number 6504629 that owns and operates www.OnTrack.uk.com; "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.OnTrack.uk.com.

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 addressed to us at the address which can be found on our Contact Us page.

PRODUCT DESCRIPTIONS

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning 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. Please be aware that there may be slight variation in colours due to 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 pattern.

Please note that when purchasing components from various manufacturers this does not mean different components will be compatible with each other, please contact us if you are unsure and we can check this out on your behalf. Also note that unless specified otherwise the colour of the pole relates to the finish, not the materials composition, please request a sample curtain ring if unsure of colour.

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 30 days.

PRICE AND PAYMENT

The price of the Goods shall be that stipulated on the Website. ALL prices are inclusive of VAT at the current rate. The price excludes delivery charges.

The total purchase price, including VAT and delivery charges, if any, will be displayed in your shopping basket prior to confirming the order. For customers in Jersey &Guernsey - VAT will be deducted from total order cost and at checkout.

Payment of the total order price plus VAT (if applicable) and delivery charges must be made in full before dispatch of the Goods.

DELIVERY

Goods supplied within the UK mainland will normally be delivered within 21 working days of acceptance of order.

Order placed up to the value of £100.00 cost £10.00 in the UK mainland only.

Orders placed above £100.00 are delivered free of charge in the UK Mainland only.

Orders to Guernsey, Jersey, Northern Ireland & Scottish Highlands Cost £20.00 up to the order value of £500.00 orders above £500.00 are delivered free of charge to these locations.

Any orders that have been ticked as UK mainland and the delivery address is one of the above we will contact you to request extra payment before order is processed. Orders to the Scottish Highlands and Islands (example some parts of Aberdeenshire) may be requested to pay for the extra postage, this will be post code dependent, and OnTrack.uk.com will contact you and discuss your order if you are not in our delivery areas.

OnTrack.uk.com has the right to request extra shipping fees or cancel the order if customer is found to tick incorrect location. We will notify you if this happens.

We can deliver to other destinations but an extra shipping fee will apply, please contact us for details before completing your purchase.

We shall use all reasonable endeavors 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. OnTrack.uk.com has the right to request extra payment or cancel order if the shipping address is not ticked correctly.

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 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 9am and 5pm Monday to Friday. We can deliver to an alternate address such as neighbors address: however there must be someone available to accept delivery. Please do not contact suppliers regarding their products as they will only deal direct with us regarding faulty or damaged goods. Any Queries MUST be dealt with by OnTrack.uk.com.

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 OnTrack.uk.com, and it is the customers responsibility to ensure that they are received and signed for by a authorized 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 yourself and OnTrack.uk.com is not responsible for any damage in transit. All couriers are expected to stay approx 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

You are entitled to cancel this contract if you wish provided that you exercise your right no later than 7 working days after the day on which you receive the Goods.

OnTrack.uk.com endeavors to provide a Quick and Efficient delivery service that enables customers to receive goods within 2 to 3 working days. If a mistake is made then try to contact us As Soon as Possible and we will Endeavour to rectify this. All parcels are usually dispatched the next working day; therefore any cancellations must be brought to our attention the Same Day as the order is placed.

If you wish to exercise your right to cancel this contract prior to order dispatch, simply email us using the Contact Us page. You must include your order reference, the name or code of the items you are canceling and the date you placed your order.

If your order has already been dispatched please follow the procedure set out in our Returns policy.

RETURNS POLICY - Cancellation

You have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us, in writing (email or post) within 7 working 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.

The right to cancel does not apply to contracts for the supply of made to measure or made to order products (these products are clearly described on the Website).

On receipt of your cancellation notice we will contact you by email to confirm the address for items to be returned to. Goods must be returned at your own expense and should be adequately insured during the return journey. When we receive the returned Goods and have checked them to ensure they are re-sellable we will refund all monies paid for the Goods (Excluding all delivery charges). Although some orders have qualified for free delivery OnTrack.uk.com has still been charged more than £10.00 to send it to you. Therefore £10.00 will be deducted from all orders placed to cover this cost.

Where payment was made by cheque we will refund by cheque to your Billing Address within 5 working days of return of the Goods. Alternatively we can arrange a return collection from one of our reputable courier services at a cost of £20.00 the goods will then be checked for damage. We will then refund the full amount minus the £20.00 plus the cost of delivering the goods to you £10.00. (Scottish highland and Uk Islands this does not apply cost on return couriers price on application)

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 can not accept returns after the curtain poles have been fitted or the packaging has been opened and damaged. All poles and damages must be reported before fitting.

Made-to-Measure Goods

As Made to Measure are to customer specification they cannot be returned under normal conditions. Only under Manufactures 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. Occasionally some curtain poles that can be re-stocked (not bent curtains poles or poles that are cut to length) we will charge a 20% re-stocking fee plus the cost of any delivery charges. (This fee is from our supplier's not OnTrack.uk.com)

RETURNS POLICY - Defective or Damaged Goods

You should inspect the Goods immediately upon receipt and notify us by email within 48 Hours of delivery if the Goods are damaged. You will be deemed to have accepted the Goods if you have not contacted us within 7 working 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 return of the Goods. You will be entitled to a full refund (including delivery costs) 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;

It is illegal to copy any images and product descriptions from OnTrack.uk.com website without our permission. We have been given permission to use images provided by our suppliers and have altered them to suit our site. This is an infringement of copyright and we will take legal advice if anyone is found to be doing so. 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 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 whatever.

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.

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.

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