TERMS & CONDITIONS OF SUPPLY

Website Terms and Conditions of Supply for Pomegranate Living with Style

This page (together with our Privacy Policy, Terms of Use and Acceptable Use Policy) tells you information about us, Pomegranate Interiors Limited (trading as Pomegranate Living with Style) of Dalton House, 60 Windsor Avenue, London SW19 2RR (we or us) and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.

Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21st September 2016.

These Terms, and any Contract between us, are only available in the English language

1. INFORMATION ABOUT US

1.1   We operate the website www.pomegranate-living.com. We are Pomegranate Interiors Ltd, trading as Pomegranate Living with Style. Our company is registered in England and Wales under company number 7522745 and our registered office is Dalton House, 60 Windsor Avenue, London SW19 2RR. Our VAT number is GB132491529.

1.2   To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1   The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the actual colour of the Products. Our Products may vary slightly from those images.

2.2   Although we have made every effort to be as accurate as possible, because many of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 10% tolerance. The packaging of the Products may vary from that shown on images on our site.

2.3   All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.

3. USE OF OUR SITE

Your use of our site is governed by our Terms of Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as this policy includes important terms which apply to you.

5. OUR RELATIONSHIP WITH YOU AS A CONSUMER

5.1   You may only purchase Products from our site if you are at least 18 years old.

5.2   We will rely upon these Terms and our Privacy Policy, Terms of Use and Acceptable Use Policy in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

5.3   You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

5.4   You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

5.5   Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1   To order Products from our website, you must be able to accept delivery within the U.K.

6.2   Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3   After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4   We will confirm our acceptance of your order by sending you an e-mail (Order Confirmation) when your Product is dispatched or, in the case of goods made-to-order, once we have checked that we are able to fulfill your request. The Contract between us will only be formed when we send you the Order Confirmation.

6.5   If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6.6   Items on the website that are marked as "Special Order Products" are not held in stock and may be made-to-order. Orders for these Products cannot be cancelled once placed and cannot be returned or refunded (unless the Product is faulty). For further information on these items please contact us via email at enquiries@pomegranate-living.com.

7. OUR RIGHT TO VARY THESE TERMS

7.1   We may revise these Terms from time to time in the following circumstances:

(a)  changes in how we accept payment from you;

(b)  changes in relevant laws and regulatory requirements; and

(c)  changes in the way we manage our business.

7.2   Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3   Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page. In addition, we will supply you with a written version of the latest terms and conditions along with your delivery confirmation.

7.4   If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

8. YOUR CANCELLATION AND REFUND RIGHTS

8.1   As a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us in writing of your decision to cancel the Contract and receive a refund.

8.2   Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 8.3 below.

8.3   You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:

(a)  Your Contract is for a single Product (which is not delivered in installments on separate days): 14 days after the day on which you received the Product. Example: If we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.

(b)  Your Contract is for either one Product which is delivered in installments on separate days or for multiple Products which are delivered on separate days: 14 days after the day on which you receive the last installment of the Product or the last of the separate Products ordered. Example: If we provide you with a Dispatch Confirmation on 1 April and you receive the first installment of your Product or the first of your separate Products on 10 April and the last installment or last separate Product on 15 April you may cancel in respect of all installments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.

8.4   If during the relevant period you intend to cancel the Contract with us, you can notify us in writing of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.

8.5   However, you cannot cancel the Contract in the below cases:

(a)  Items on the website that are marked as “Special Order Products” are not held in stock and may be made-to-order. Orders for these Products cannot be cancelled once placed and cannot be returned or refunded (unless the Product is faulty). For further information on these items please contact us via email at enquiries@pomegranate-living.com

(b)  Once the Products are unsealed.

9. RETURN AND REFUND

(a)   To cancel a Contract in accordance with clause 8 above, you should fill in the Cancellation Form available on our Site. The Dispatch Confirmation will also have a link to the cancellation form. On receipt of your cancellation form we will e-mail you confirmation of receipt.

(b)   You can also e-mail us for any reason at enquiries@pomegranate-living.com or contact us at +44 (20) 8330 4530. If you are emailing us please include details of your order.

(c)   If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.

(d)   We will contact you or give you notice by e-mail you provided us with your order.

9.1   If you cancel your Contract we will:

(a)  refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner.

(b)  refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)  make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)  within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.4;

(ii)  if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you have cancelled the Contract.

9.2   If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.3   Refunds will be made to you on the credit card or debit card used by you to pay.

9.4   If a Product has been delivered to you prior to your decision to cancel your Contract:

(a)  then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please contact us at enquiries@pomegranate-living.com for our returns address, authorised carrier and how to arrange a return. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered;

(b)  you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, you will be charged with the direct cost to us of collection.

9.5   As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

10. DELIVERY

10.1   We will let you know the estimated delivery date which will be within 14 working days after the date of the Dispatch Confirmation or as agreed between us. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 14 below.

10.2   For Products held in stock, we aim to dispatch them within 24 hours (week days only). For UK deliveries, we use a one-hour window (week days only), signed-for courier service. The courier company will contact you via text or e-mail on the morning of the date of delivery to inform you of your one hour estimated delivery time slot prior to the planned delivery to allow you to confirm or re-arrange the delivery time. For international deliveries, a tracked courier service is used with estimated delivery times as outlined on our Delivery Information page. If we are unable to meet the estimated delivery date because of an Circumstances Beyond Our Control, we will contact you with a revised estimated delivery date.

10.3   For Special Order Products, made-to-measure Products or custom-made Products, we will advise you of estimated delivery times once you have placed and confirmed an order.

10.4   If no one is available at your address to take delivery, we will leave you a note to re-arrange delivery.

10.5   Delivery of an Order shall be deemed to be completed when:

(i)  we deliver the Products to the address given by you;

(ii)  we deliver the Products directly to you; or

(iii)  a carrier organised by you to collect Products from us collects the Products from us and you will be responsible for the Products from that time.

10.6   If Products are returned to us as undeliverable because of an incorrect address, your failure to contact the courier company if required to do so, your failure to collect the goods from the depot where requested, or your failure to accept the delivery, we shall refund the price of the Products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us.

10.7   If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 10.6, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

10.8   If we fail to deliver Products, other than Special Order Products, within 14 working days, then you may cancel your Order straight away if any of the following applies to you:

(a)  we have refused to deliver the Products;

(b)  delivery within the delivery deadline was essential considering relevant circumstances;

(c)  you informed us prior to acceptance of your Order that delivery within the delivery deadline was essential.

10.9   You can cancel your Order under clause 10.8 only for some of the Products or all of them, unless splitting them up would significantly reduce their value.

10.10   We deliver to the International Delivery Destinations as outlined in our Delivery Information page.

10.11   Delivery of Products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.

10.12   You agree to comply by all applicable laws of country to which Products are delivered and we shall not be liable for any such violations.

10.13   We do not deliver to P.O. Box numbers.

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1   The prices of the Products will be as quoted on our site from time to time and on our checkout page. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of the Products you ordered, please see clause 11.5 for what happens in this event.

11.2   Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

11.3   The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4   The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page. The prices quoted for delivery are for most UK mainland addresses. Please note that delivery of Products to Northern Ireland, the Channel Islands and the Highland Islands will incur additional charges and may be subject to longer delivery times. International delivery destinations should be selected immediately prior to checkout for the relevant shipping charges. We are unable to deliver on Saturdays, Sundays or public holidays.

11.5   Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. HOW TO PAY

12.1   Payments are made using the Shopify Payments portal. You can pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, Switch and Solo, Maestro and Delta Card, American Express and Apple Pay.

12.2   Payments can also be made by credit card or debit card over the telephone or in person using the Worldpay Zinc payment portal.

12.3   Payment is in advance for all Products including all applicable delivery charges.

12.4   Payment for Special Order Products is 100% in advance prior to the order being processed. Full applicable delivery charges will be payable at the same time. We will charge your debit card or credit card upon taking your card details.

12.5   When deciding whether or not to accept your orders we may use certain information about you, including any received from credit reference agency checks. This helps to protect you and us against fraudulent transactions.

12.6   Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

13. LIMITATIONS OF LIABILITY

13.1   If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not a consequence of our breach of the Terms.

13.2   We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3   Exceptions to Limitation of Liability:

(a)  death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation;

(c)  any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)  any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)  defective products under the Consumer Protection Act 1987.

14. CIRCUMSTANCES BEYOND OUR CONTROL

14.1   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 Circumstances Beyond Our Control. Circumstances Beyond Our Control is defined below in clause 14.2.

14.2   Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, motor transport or other means of public or private transport.

14.3   If Circumstances Beyond Our Control take place that affect the performance of our obligations under a Contract:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under a Contract will be extended and the time for performance of our obligations will be extended for the duration of the Circumstances Beyond Our Control. Where the Circumstances Beyond Our Control affect our delivery of Products to you, we will arrange a new delivery date with you after the Circumstances Beyond Our Control are over.

14.4   If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the Contract in accordance with clause 8. We may cancel the Contract if the Circumstances Beyond Our Control continue for more than 8 weeks by notifying you in writing.

15. COMMUNICATIONS BETWEEN US

15.1   When we refer, in these Terms, to "in writing", this will include e-mail.

15.2   If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at enquiries@pomegranate-living.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are exercising your right to cancel under clause 8, you must email us at enquiries@pomegranate-living.com. If we have to contact you or give you notice in writing, we will do so by e-mail to the e-mail address you provide to us in your order.

16. OTHER IMPORTANT TERMS

16.1   We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

16.2   You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.

16.3   This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4   Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5   Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

16.6   Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have jurisdiction on any dispute that may arise out of these Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland and you may bring proceedings in Scotland if you are a resident of Scotland.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

18. CONTACT US

For any questions or queries you can contact us at +44 (20) 8330 4530 or email us at enquiries@pomegranate-living.com.