T&C's

 

Terms & conditions

 

May 2021

 

This website is operated by Polesilks Ltd (referred to as "PoleAmorUK/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 All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times.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 – Website direct and Bespoke

 

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 PoleAmorUK.

 

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch 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.

 

2a. Bespoke orders

 

2a 1. A bespoke order is one that you the customer makes a contact with us the company to make a piece of equipment that is not on general sale on our website.

2a 2. First contact is made by email with a sketch and maybe be followed up by a call from one of our representatives to ascertain what you wish to do or achieve with the bespoke apparatus, where it will be used and “other” information including having, if required where possible, a certificate of safety and all the costs involved. This will then be confirmed by email and an invoice raised.

2a 3. Once the cost has been agreed an invoice will be raised, which will form the contract of works between you and us the company, for the agreed amount along with an agreed contingency amount usually and not exclusive to around 15% of the original agreed cost amount. This contingency amount allows a financial cover for any unforeseen issues during the manufacturing/fabrication process, or changes that you the client may require due to reasons not foreseen during the initial discussion process prior to the agreed cost being agreed and invoiced.

2a 4. The contingency amount as described in 2a 4. Will be used at the discretion of PoleAmorUK, its partners or fabrication team as they see fit to cover any changes to or any additional fabrication requirements that where not foreseen at the initial discussion/development stages of the bespoke project.

2a 5. Payment for the bespoke item will be made in 3 or 4 stages depending on its cost/complexity and or time scale of the build. Payment will be accepted by bank transfer in GBP only and you the customer must pay for “all” bank charges and or currency discrepancies, when paying from outside the UK.

2a 6. The company will keep you involved during each step of the build, to enable changes to be made with little or no additional charge wherever possible. If a change is to be made you will be made aware of this additional cost, and it will be taken from the contingency amount as described in 2a 3.

2a 7. After the first payment is made work will begin and at some point, you will be made aware of when the next payment is due. These payment stages are not set in stone as depending on the complexity of the project time scales will vary, so these payment stages will be at the discretion of PoleAmorUK and or when the fabrication team feel that the relevant stage has been reached with the project.

 

2a 8. If at any point any staged payment is not received within 21 days, then you forfeit your bespoke project with us. Unless there are extenuating circumstances See 2a 9. below

2a 9. Extenuating circumstances – this is when there is an issue totally out of our or your control. There are to many circumstances to list, for instances you may lose your job and be unable to pay at any stage, then you must inform us of this or any circumstance that prevents you from making a payment when asked for it. PoleAmorUK could have an issue out of its control, and again we will make you aware of this as soon as it arises and provide you with a solution to complete you project or provide an alternative solution that meets the needs of you and us, the company.

2a 10. At any stage of the process should you not make a stage payment when presented to you by email and/or not respond to an email within 21 days the project/contract will cease and be declared void. No more work will be carried out until you contact us.

2a 11. If after 180 days from the last email sent by the company and not replied to by you, the company will email you again making you aware of your breach of our contract, terms, and conditions and that the company now has the right to sell on the project to recuperate any monies outstanding at a price it deems fit.

2a 12. The company will give you a chance at this stage to finalise the work under a new contract term at a time scale that suit our fabrication company and full and final payment will be required to be paid within 24 hours of this new contract being made with collection of the equipment being within and no longer than 7 days of its completion. This is called contract ratification and requires all involved parties to agree to new terms, which will include full and final payment within 24 hours after the time of its ratification.

2a 13. We the company will not be involved in suppling any shipping, unless asked for by you at the being of the contract. Where a quotation will be sort from our third-party shipping provider. This will include full insurance and the correct documentation for any customs clearance as required by law, with full declaration of invoice. The company will not be liable for any import duty, taxes, or any other associated costs for this cross-border transaction.

2a 14. We the company hold full entitlement/ownership of the bespoke item and transfer of ownership will only take place after full and final payment of the invoice is made by bank transfer.

 

3. Delivery

 

3.1 Areas of this website are for delivery of products to customers in mainland UK and Northern Ireland addresses only. For orders outside of the UK please pick the relevant country from the drop-down box. 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, and not exceeding 21 working days here in the UK, however delays are occasionally inevitable due to unforeseen factors. PoleAmorUK shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.3 Shipping contractors – For all small items we use in the UK Royal Mail. All orders are sent on a 2st class tracked service. Should you require a fully tracked and signed for service and there is not an option at the time of purchase please contact us. All our equipment and larger orders of PoleGrip/Body are shipped fully tracked, insured, and signed for. If you have ordered using our BESPOKE service then you must request a price for shipping, although you will be asked at the time of the invoice/contract being raised.

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 credit card using a secure external site operated by Stripe 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 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 STRIPE can be found at www.stripe.com/gb/privacy and for PayPal at www.paypal.co.uk . (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:

a)   For products that are “custom” made ie a piece of kit that is drawn by you and scaled by us to be made by to a specific specification will only be allowed to be paid for by bank transfer.

 

OR

 

b)  A “custom” finished, ie powder coated any other colour or black

 

4.4 Payment can be made by any method specified on our website using the method you choose.

 

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 GBP sterling and include VAT (where applicable) at the applicable current rates.

 

6. Intellectual Property

 

6.1 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 licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

 

6.2 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.

 

7. Liability and Indemnity

 

7.1 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.

 

7.2 Subject to Section 7.1 above, PoleAmorUK will use reasonable endeavours 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.

 

7.3 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.

 

7.4 Notwithstanding the above, subject to Section 7.1 PoleAmorUK' 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.

 

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

 

7.6 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 because of unauthorised access to information provided by you.

tear, rip or cut the fabric know as "SILK

8. Miscellaneous Provisions

 

8.1 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.

 

8.2 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 during a business, we exclude (to the fullest extent 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.

 

8.2.1 In the case of goods arriving damaged or developing faults, we require notification in wring within 2 hours.  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. 

 

8.2.2 You use any of the aerial equipment bought from PoleAmorUK at your own risk. PoleSilks Ltd/ t/a PoleAmorUK and all associated people and organisations accept no responsibility or liability for any injury, accident or death caused by any of the products supplied. It is the responsibility of the performer to take the necessary precautions and to minimize hazards.

8.2.3 Should you be using any equipment for business purposes that the correct insurance is in place and that at extra cost to the buyer, we can appoint an independent company to issue you a safety certificate for your equipment.

8.3 PoleAmorUK 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.

 

8.4 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.

 

8.5 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 PoleAmorUK.

 

8.6 PoleAmorUK 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.

 

8.7 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 enforceability of the other sections of these terms and conditions shall not be affected.

 

8.8 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).

 

8.9 No delay or failure by PoleAmorUK 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 authorised representative of PoleAmorUK.

 

8.10 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 PoleAmorUK relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and PoleAmorUK for your use of this website.

 

9. Shipping & Returning of Aerial Equipment

9.1 Shipping  

We will aim to delivery your order within 7 to 10 working days with in the UK For any orders to outside of the UK of for international orders please email us for a postal quote. We do not offer free shipping to Europe.

Upon the day of delivery, customers will have 2 hours to report any damage to us by email HERE 

International Shipping Prices:

For shipping outside the EU or any other part of the world please email us [email protected], as prices fluctuate that we quote LIVE prices and add £5.00 for additional packaging to eliminate the chances of any damage.  

9.2 Returns Policy

Any damaged item's must be reported to us by email with in 2 hours of being signed for.

If the packaging is damaged at the time of deliver this MUST be reported and noted by the delivery driver and made a note of at the time of signing or declining your parcel/s delivery and you must report this to us immateriality. Failure to repot this to the delivery driver by means of them or making a note yourself when signing for the delivery, my invalidate any chance of a claim.

Due to the strict safety considerations inherent in aerial acrobatics equipment. We are unable to accept returns of any aerial equipment unless: -

- It is damaged and when signed for and reported as per 9.2

- Any item that was ordered correctly and is now not required.

If your purchase is damaged you can return it within 14 days of receipt, for a full refund or exchange, however we will ask for photographic evidence via email in accordance to our terms 9.2

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.

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 as you will need to provide the tracking number to us.

PoleSilks Ltd/ PoleAmorUK 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.

For unwanted items excluding aerial equipment or bespoke items we will restock with a 35% handling change and initial shipping costs will not be refunded. All postage costs for goods supplied correctly are the responsibility of the purchaser...

10 Aerial, PoleSilks, Lollipops, Hangers and Bespoke Equipment

10.1 You use any products or bespoke fabrications purchased from PoleAmorUK at your own risk. PoleSilks Ltd, its agents and organisations accept no responsibility or liability for any injury. Accident or death by any products supplied from us. It is your responsibility to maintain and check your equipment regularly in accordance with your local law and we recommend references to but not exhaustive of LOLER and lCOPER to assist you in expanding your own knowledge on how to check and document these checks, which is the responsibility of you or the performer to make these necessary checks and precautions to minimise hazards.

10.2 Strict safety guidelines and precautions must be adhered to when using our equipment and any other equipment that is supporting our equipment. It is essential that professional training is undertaken, NOT to attempt new of difficult moves from the internet, books and the like, nor to train alone. DO NOT rig from trees or any other kind of fixing that has not been correctly or professional assessed or tested.

10.3 Fixing of our hangers and equipment should be undertaken by a competent professional, ALL equipment should be inspected thoroughly before, and in some cases during as well as after use or change of person.

10.4 Insurance – It is your or the user’s responsibility to make sure the correct third-party insurance cover is on place before using and or performing on our or any aerial equipment. PoleSilks Ltd strongly advisors that you or any users have the correct insurance.

10.5 Certificate of safety – PoleSilks Ltd provides at random, its aerial and “other” (where applicable or available to do so) products to a reputable company, to allow an totally independently test of its products to provide a certificate of SWL and or WLL and to provide you the purchaser that the company has shown due diligence to provide a test and allow us to advertise the SWL or WLL so as to guide you on the weight our equipment can carry. WE NEVER test to destruction as this would give us a RED or FAIL certificate and the whole idea of carrying out these tests are to provide the user “you” with a safety limit and not how far you can go until it breaks.

10.6 Individual safety certificates – As a professional performer or a conscious studio owner/instructor you may require an individual safety certificate. This can be done for you at a cost that is displayed on our website. Should you wish to purchase multiple item’s and require them all to be tested we can offer you a special rate and we ask you email us at [email protected] prior to ordering.

The PoleAmorUK website is operated by:

Polesilks Ltd 

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 PoleAmorUK website, please email us for more information at [email protected]