1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the ‘Goods’) listed on this website (the ‘Website’) to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Popsy & Peanut (‘we’/'us’/'our’) of Unit 10a Sponne Shopping Centre, Watling Street, Towcester, Northamptonshire, NN12 6BY. Our VAT Number is: 120908048.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.2. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.3. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.3.1. You fail to make any payment to us when due
5.3.2. You breach these Conditions (repeatedly or otherwise)
5.3.3. You are impersonating any other person or entity
5.3.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.3.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you. Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
8.1. Payment can be made through PayPal.
8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
9.5. A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.7. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.8. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
9.8.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.8.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10.1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2. All Goods must be signed for by an adult aged 18 years or over on delivery.
10.3. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.4. We shall not be liable for any delay in delivering the Goods, however caused.
10.5. The Goods may be sent to you in instalments.
10.6. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
11. RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before/after receiving a Confirmation Notice
12.1.1. You are entitled to cancel your order at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the Goods. You can send your cancellation notice by email to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
12.1.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk.
The Goods must be returned to us in the same condition in which you received them until such time as the Goods are delivered back to us by you. You must return the Goods with its original packaging and the original invoice.
12.2. Damaged, faulty or wrongly delivered goods
12.2.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the Goods to us, if it:
22.214.171.124. Has been damaged on delivery
126.96.36.199. Is in a faulty condition
188.8.131.52. Has been delivered to you in error
12.2.2. Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
12.2.3. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
12.2.4. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
12.2.5. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.
12.3. Incorrectly priced or described Goods
12.3.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
12.3.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.3.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.3.4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.7
12.4. Delivery by instalments
12.4.1. The Goods may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Goods in accordance with clause 12.7
12.5. Processing refunds
12.5.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
12.5.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
13.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at email@example.com or by post at Unit 10a Sponne Shopping Centre, Watling Street, Towcester, Northamptonshire, NN12 6BY.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Popsy & Peanut moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4. You 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 from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15. WEBSITE USE
17. EXTERNAL LINKS
17.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way.
18. LINKING TO THE WEBSITE
18.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
19. GOVERNING LAW AND JURISDICTION
19.1. The Website is controlled and operated in the United Kingdom.
19.2. Every purchase you make shall be deemed performed in England and Wales.
19.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Protecting your personal details on our website
Last updated: 30 April 2012
The Website is brought to you by Popsy & Peanut. Popsy & Peanut believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.
Some of the Personal Data we hold about you may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.
1. Using Your Personal Information
1.1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
1.1.1. To help us to identify you when you contact us.
1.1.2. To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
1.1.3. To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
1.1.4. To help to prevent and detect fraud or loss.
1.1.5. To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.
1.1.6. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
1.3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
1.3.1. If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
1.3.2. If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
2. Protecting Information
We have strict security measures to protect Personal Data.
2.1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
2.2. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
2.3. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
2.4. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
3. The Internet
3.1. If you communicate with us using the Internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
3.2. Please remember that communications over the Internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
3.3. We may use ‘cookies’ to monitor how people use our site. This helps us to understand how our customers and potential customers use our website so we can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer’s hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.
4. Turning Off Cookies in Different Browsers
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.
5.1. The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
5.3. We exclude all liability for loss that you may incur when using these third party websites.
6. Further Information
6.4. If you would like access to the Personal Data that we hold about you, you can do this by emailing us at firstname.lastname@example.org or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.
6.5. We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at email@example.com or write to us at the address above to update your Personal Data.