1. Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded), and Winston Marriot Ltd (trading as PONDESK), the owner and operator of www.pondesk.com (“PONDESK”, “we”, “us”, or “our”). PONDESK operates as an online supplier and distributor of industrial and commercial products.
By accessing or using this Website, you agree to be legally bound by these terms. If you do not agree to these terms, please do not use our website.
You must be at least 18 years old to use this Website.
2. Products and Supplier Role
a. PONDESK acts as a supplier and reseller of industrial and commercial products sourced from third-party manufacturers and vendors.
b. All product information, including descriptions, specifications, images, dimensions, and technical details, is provided by manufacturers or suppliers.
c. While we aim to keep information accurate and up to date, we do not guarantee that it is complete, error-free, or current.
d. Images shown on the Website are for illustration purposes only; actual products may vary in appearance, colour, packaging, or design.
e. Content on the Website may be updated, modified, or removed at any time without prior notice.
f. Customers are responsible for ensuring that products are suitable for their intended use before placing an order.
3. Orders and Contract Formation
a. All orders placed through the PONDESK Website are subject to acceptance and product availability. Submission of an order does not automatically constitute a binding contract.
b. A legally binding contract between you and PONDESK is formed only when we send you a written confirmation of your order via email. Until such confirmation is received, PONDESK reserves the right to reject, amend, or cancel any order for any reason.
c. We may refuse or cancel orders at our discretion, including but not limited to the following circumstances:
i. Products are out of stock or unavailable from the manufacturer or supplier
ii. There is an error in pricing, product description, or other information on the Website
iii. There are limits on quantities for promotional or supply reasons
iv. Suspected fraudulent or unlawful activity
d. In the event that we cancel an order after payment has been received, a full refund of the amount paid will be issued as soon as reasonably practicable.
e. PONDESK is not responsible for any losses or costs incurred as a result of a cancelled order, except for the refund of the payment made.
f. It is your responsibility to check the order confirmation carefully and report any discrepancies immediately.
g. By placing an order through the PONDESK Website, you agree to be bound by our Sales Terms and Condition. These terms set out the rules regarding orders, pricing, payment, delivery, and cancellations. Please review the Sales Terms carefully before placing an order.
4. Website Use, Accounts, and Availability
By using this Website, you agree to comply with the following terms regarding its use, security, and content:
a. Acceptable Use:
i. You must use the Website lawfully and responsibly.
ii. You must not interfere with the operation, performance, or security of the Website.
iii. You must not attempt to gain unauthorized access to any part of the Website, other users’ accounts, or any systems connected to the Website.
b. Accounts and Security:
i. If you register an account, you are responsible for maintaining the confidentiality of your login details, including your username and password.
ii. You must not share your account information with any third party.
iii. PONDESK may suspend or terminate your account if we suspect any misuse, security breach, or violation of these terms.
5. Intellectual Property
a. All content on this Website, including but not limited to text, graphics, images, logos, videos, software, page design, and layout, is the property of Winston Marriot Ltd (Trading as PONDESK).
b. This content is protected by copyright, trademarks, database rights, and other intellectual property laws in the UK and internationally.
c. You may not:
i. Copy, reproduce, distribute, or publish any content for commercial purposes without prior written permission from Winston Marriot Ltd (Trading as PONDESK).
ii. Modify, adapt, create derivative works from, or use any content in a way that violates the rights of Winston Marriot Ltd (Trading as PONDESK)
iii. Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Website content.
iv. Any use of the Website content beyond the rights explicitly granted in these terms requires our prior written consent. Unauthorized use may lead to legal action.
6. Product Liability and Disclaimer
a. PONDESK acts solely as a supplier and reseller of products and does not manufacture the products listed on this Website. We are not responsible for any defects arising from manufacturing faults.
b. We are not liable for any loss, damage, or injury resulting from improper use, installation, handling, or modification of products.
c. Customers are responsible for ensuring that products are suitable for their intended purpose and comply with any applicable regulations or standards.
d. Any warranties or guarantees relating to products are provided directly by the manufacturer, not PONDESK.
e. Nothing in these terms excludes or limits our liability where it would be unlawful under UK law.
7. Privacy and Cookies
Use of this Website is also governed by our Privacy Policy and Cookies Policy.
8. Third-Party Links
a. This Website may contain links to websites operated by third parties for your convenience or reference.
b. PONDESK does not control, endorse, or guarantee the content, products, services, or practices of any third-party websites.
c. We are not responsible for any loss, damage, or liability arising from your use of these third-party websites.
d. Accessing third-party websites is done at your own risk, and you should review the terms and privacy policies of any website you visit.
e. Inclusion of a link does not imply any affiliation, sponsorship, or approval by PONDESK of the linked website or its operators.
9. Governing Law and Jurisdiction
a. These terms and any contracts formed through the Website are governed by the laws of England and Wales.
b. Any disputes arising in connection with these terms, including non-contractual claims, will be subject to the exclusive jurisdiction of the courts of England and Wales.
c. By using the Website, you agree to submit to the jurisdiction of these courts.
d. PONDESK may seek urgent or injunctive relief in other jurisdictions if necessary to protect its rights.