Please read these Terms and Conditions carefully before placing your order.
By placing an order on our website, you may be entering into a legally binding agreement with us. We want to make sure everything is clear and transparent, so please take a moment to review these Terms to ensure they include everything you agree to.
If anything is unclear or you’d like more information, we’re here to help — simply contact us at [email protected] or [email protected], or by telephone on +44 1296 925854 before completing your order.
1. Application
1.1 These Terms and Conditions apply to all purchases of goods made by you (referred to as “the Customer” or “you”). We are Winston Marriot Limited, trading as PONDESK, a company registered in England and Wales under company number 09111626, with our registered office at C/O Digitus, 363a Dunstable Road, Luton LU4 8BY, United Kingdom. (referred to as “the Supplier”, “we” or “us”).
1.2 These Terms and Conditions set out the basis on which we sell all goods to you. By placing an order for any goods, you agree to be bound by these Terms. Before submitting your order on our website, you will be asked to confirm your acceptance by clicking the “I Accept” button. If you do not accept these Terms, you will not be able to complete your order.
1.3 You may only purchase goods from our website if you are legally capable of entering into a binding contract and are at least 18 years of age.
2. Interpretation
2.1 Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
2.2 Contract means the legally-binding agreement between you and us for the supply of the Goods;
2.3 Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
2.4 Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
2.5 Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
2.6 Order means the Customer's order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website;
2.7 Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
2.8 Website means our website https://www.pondesk.com/ on which the Goods are advertised.
3. Goods
3.1 The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2 In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3 All Goods which appear on the Website are subject to availability.
3.4 We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. Personal information and Registration
4.1 When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
4.2 We retain and use all information strictly under the Privacy Policy.
4.3 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
5. Basis of Sale
5.1 The descriptions of the Goods displayed on our Website do not constitute a contractual offer to sell. When you submit an Order through the Website, we reserve the right to reject it for any reason; however, we will make every effort to inform you of the reason for rejection without undue delay.
5.2 The Order process is set out on the Website. Each step gives you the chance to review and correct any mistakes before confirming your order. Please make sure you have completed the process correctly and that all details are accurate.
5.3 A Contract for the sale of Goods will be formed only when you receive an email from us confirming your Order (Order Confirmation). Please review this email carefully and contact us immediately if you notice any errors. We are not responsible for any mistakes in the Order submitted by you. You will receive the Order Confirmation within a reasonable time after the Contract is made, and in any case, no later than the delivery of the Goods.
5.4 Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
5.5 No changes to the Contract, including those relating to the description of the Goods, prices, or any other terms, shall be valid unless agreed in writing by both the Customer and the Supplier.
5.6 These Terms and Conditions are intended to apply only when you are purchasing as a consumer. If you are buying on behalf of a business, please let us know so that we can provide a different contract with terms that are more suitable for business customers and may include additional rights or conditions.
6. Price and Payment
6.1 The price of the Goods, along with any applicable delivery or additional charges, will be as shown on the Website at the time you place your Order, unless we agree otherwise in writing.
6.2 All prices and charges are exclusive of VAT, unless clearly stated otherwise on the Website.
6.3 Payment must be made at the time of placing your Order, using PayPal, credit or debit card, or bank transfer. We may take payment immediately or at any time before the Goods are dispatched.
6.4 While we make every effort to ensure prices are accurate, errors may occasionally occur. If we discover that an item has been incorrectly priced and the correct price is higher than shown, we will contact you before dispatch to confirm whether you wish to continue with your Order at the correct price.
7. Delivery
7.1 We will deliver the Goods to the delivery address provided (“Delivery Location”) within the agreed timeframe or, if no specific period has been agreed, without undue delay and in any event no later than 30 days from the date the Contract is made.
7.2 If we do not deliver the Goods on time, you may (in addition to any other remedies) treat the Contract as cancelled if:
7.2.1 we have refused to deliver the Goods; or
7.2.2 delivery within the agreed time was essential (based on the circumstances or because you told us it was essential before placing the Order); or
7.2.3 after failing to deliver on time, we do not deliver within an additional reasonable period that you specify.
7.3 If you treat the Contract as cancelled, we will promptly refund all payments made under it, in addition to any other rights you may have.
7.4 If you are entitled to cancel the Contract but choose not to, you may still cancel or reject any undelivered Goods. In such cases, we will refund all payments for those cancelled or rejected Goods without delay. If the Goods have already been delivered, you must return them to us or allow us to collect them at our expense.
7.5 If any Goods form part of a commercial unit (a unit that would lose value or character if divided), you cannot cancel or reject part of that unit. Cancellation or rejection must apply to the entire unit.
7.6 If we accept an Order for delivery outside the United Kingdom, you may be required to pay import duties, customs fees, or local taxes in your destination country. These charges are not included in our prices or shipping costs and are the customer’s responsibility.
7.7 Delivery times for international orders (including EU countries) may vary depending on local customs clearance and import regulations. We are not responsible for delays caused by customs procedures or local authorities.
7.8 We may deliver the Goods in instalments if there is a genuine reason to do so, such as stock availability or shipping constraints. You will not be charged extra for this.
7.9 If you or your representative fail, through no fault of ours, to take delivery at the agreed location, we may charge reasonable costs for storage and redelivery.
7.10 The Goods become your responsibility once delivery has been completed or upon collection by you. You should, where reasonably possible, inspect the Goods before accepting them.
8. Shipping Insurance
8.1 We take great care to ensure that all orders are securely packed and dispatched through trusted courier partners. To provide additional protection, we offer optional shipping insurance covering loss or physical damage during transit.
8.2 When selected at checkout, shipping insurance protects your parcel from the moment it leaves our warehouse until it is successfully delivered and signed for at the destination address. In the event of confirmed loss or damage, we will assist you in submitting a claim to the courier or insurer, and a replacement or refund will be issued once the claim is approved.
8.3 If shipping insurance is not selected, the order is shipped at the customer’s own risk. In such cases, compensation will be limited to the courier’s standard liability, which may be lower than the value of the goods.
8.4 All claims relating to missing or damaged parcels must be reported in writing within 48 hours of delivery.
8.5 Claims must include clear photographic evidence of the packaging and contents, where applicable.
8.6 Shipping insurance does not cover delays, minor cosmetic or packaging damage, customs clearance issues, import refusals, or any taxes, duties, or local handling charges imposed by the destination country.
8.7 Once delivery has been confirmed by the courier, we cannot be held responsible for any subsequent loss, theft, or damage occurring after receipt.
9. Risk and Title
9.1 The risk of loss or damage to the Goods passes to you when the Goods are delivered to you or a person you nominate to receive them.
9.2 Ownership (title) of the Goods will not pass to you until we have received payment in full.
9.3 If full payment is overdue, or if steps are taken toward your insolvency or bankruptcy, we may, by written notice, cancel any pending delivery and end your right to use or resell the Goods still owned by us. In such cases, you must return the Goods to us or allow us to collect them.
10. Right to cancel
10.1 Subject to the exceptions set out below, you have the right to cancel this Contract within 14 days without giving any reason.
10.2 The cancellation period will expire 14 days after the day on which you, or a third party (other than the carrier) indicated by you, acquire physical possession of the Goods.
10.3 For orders containing multiple Goods delivered separately, the 14-day period runs from the day you receive the last item.
10.4 For ongoing or subscription contracts, the cancellation period ends 14 days after the first delivery.
10.5 To exercise your right to cancel, you must inform us of your decision by a clear statement (for example, by email or letter). You should keep evidence of when you sent your cancellation notice.
10.6 To meet the cancellation deadline, it is enough to send your notice before the 14-day period expires.
10.7 If you are an EU consumer purchasing from our Website, these Terms comply with the EU Consumer Rights Directive. Your statutory rights under the laws of your country of residence remain unaffected.
10.8 You cannot cancel an order for:
10.8.1 Goods made to your specifications or clearly personalised; or
10.8.2 Sealed items (such as computer hardware or software) that have been
unsealed after delivery, for reasons of health, hygiene, or data security.
10.9 Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
10.10 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e., handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
10.11 If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
10.11.1 14 days after the day we receive back from you any Goods supplied, or
10.11.2 (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
10.12 If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
10.13 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.14 If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at C/O Digitus, 363a Dunstable Road, Luton LU4 8BY, United Kingdom without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
10.15 For the purposes of these Cancellation Rights, these words have the following meanings:
10.15.1 distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
10.15.2 sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
11. Conformity and Guarantee
We have a legal duty to supply Goods that conform with this Contract. Goods will be considered non-conforming if they fail to meet any of the requirements set out below.
11.1 Upon delivery, the Goods will:
11.1.1 be of satisfactory quality;
11.1.2 be reasonably fit for any particular purpose for which you buy the Goods, provided that purpose was made known to us before the Contract was made (unless it would be unreasonable for you to rely on our skill and judgement); and
11.1.3 conform to their description and any applicable specifications
11.2 A failure to conform will not arise if it results from materials, instructions, or information provided by you.
11.3 All products are covered by the manufacturer’s warranty, where applicable. Warranty claims will be processed in accordance with the manufacturer’s terms and procedures.
11.4 Where a manufacturer’s guarantee applies, we will pass this benefit to you at no extra cost. Details of the guarantee, including its duration, territorial scope, and the manufacturer’s contact information, are provided with the Goods. This guarantee takes effect from the date of delivery and does not affect your statutory rights under UK or EU consumer law.
11.5 We are not the manufacturer of the Goods sold on our Website. While we make every effort to ensure product information is accurate, actual packaging, materials, and instructions may differ. Always refer to the manufacturer’s manual and safety instructions before use.
12. Successors and our sub-contractors
12.1 Either party may transfer or assign its rights and obligations under this Contract to another person or entity, provided that the transferring party remains responsible for fulfilling its obligations under the Contract. The Supplier will remain fully liable for the acts or omissions of any subcontractors it engages to perform any part of its duties.
13. Force Majeure
If either party is prevented, hindered, or delayed from performing its obligations under this Contract due to an event beyond its reasonable control (including but not limited to natural disasters, war, strikes, transport disruptions, or government restrictions):
13.1.1 that party must notify the other party as soon as reasonably practicable; and
13.1.2 the affected party’s obligations will be suspended for as long as the event continues, provided it acts reasonably to minimise the impact.
13.1.3 The affected party will not be liable for any failure or delay that it could not reasonably have avoided. However, this clause does not affect the Customer’s statutory rights regarding delivery, cancellation, or refunds under UK or EU consumer law.
14. Privacy Policy
14.1 Your privacy is very important to us. We respect your personal information and comply with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and, where relevant, the EU GDPR.
14.2 These Terms and Conditions should be read together with our other policies, including our Privacy Policy and Cookies Policy.
14.3 For the purposes of this section:
14.3.1 “Data Protection Laws” means all applicable legislation relating to the processing of Personal Data, including the GDPR.
14.3.2 “GDPR” means the UK General Data Protection Regulation.
14.3.3 “Data Controller,” “Personal Data,” and “Processing” have the meanings given in the GDPR.
14.4 We act as the Data Controller for all Personal Data that we collect and process in connection with providing our Goods and services.
14.5 When you provide Personal Data to us, we will comply with our obligations under Data Protection Laws. In particular, we will:
14.5.1 identify the purposes for which we collect and process your data before or at the time of collection;
14.5.2 only process your data for those specified purposes;
14.5.3 respect your legal rights regarding your Personal Data; and
14.5.4 apply appropriate technical and organisational measures to keep your
information safe and secure.
14.6 You may occasionally receive updates, special offers, or technical support information from us via email. You can opt out of these communications at any time by following the unsubscribe link in our emails or by contacting us directly.
14.7 For any enquiries or complaints regarding data privacy, please contact us at [email protected]
15. Limitation of Liability
15.1 Nothing in these Terms limits or excludes the Supplier’s liability for:
15.1.1 death or personal injury caused by the Supplier’s negligence;
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any other liability which cannot legally be limited or excluded under applicable law.
15.2 Subject to Clause 15.1, the Supplier will not be liable for:
15.2.1 any loss or damage that was not reasonably foreseeable by both parties at the time the Contract was formed; or
15.2.2 any business-related losses, including but not limited to loss of profit, revenue, goodwill, or opportunity.
15.3 The Supplier provides Goods on the understanding that the Customer is not purchasing them wholly or mainly for business, trade, craft, or professional purposes. Therefore, the Supplier will not be responsible for losses that a business would typically suffer.
16. Governing Law, Jurisdiction and Complaints
16.1 This Contract (including any non-contractual obligations arising from it) shall be governed by and interpreted in accordance with the laws of England and Wales.
16.2 Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of Scotland or Northern Ireland, you may also bring proceedings in the courts of your own country.
16.3 If you are an EU consumer, you may use the dispute-resolution options available in your own country or contact your local consumer-protection authority for guidance on cross-border dispute resolution.
16.4 We aim to resolve all issues quickly and fairly. In the event of a complaint or dispute, please first register your product online and contact our customer support team. You may raise a claim for a refund or replacement, and our technical team will assist you promptly via telephone or email to resolve the matter as soon as possible.