Terms & Conditions
This simple document explains the terms
and conditions of using our website, popties.com.
By continuing to use our websites, either as a guest or registered user, you are agreeing to the following terms.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict
access to some parts of our site, or our entire site, to users who have
registered with us. If you choose, or you are provided with, a user
identification code, password or any other piece of information as part
of our security procedures, you must treat such information as
confidential, and you must not disclose it to any third party. We have
the right to disable any user identification code or password, whether
chosen by you or allocated by us, at any time, if in our opinion you
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
Conditions of Sale
These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
1. INTERPRETATION AND DEFINITIONS
"the Buyer" means the person who purchases Goods from the Company; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. APPLICATION OF TERMS
3.1 Subject to any variation under condition the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions.
3.2 These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer hereby acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
3.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer hereby acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions.
3.4 No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause.
3.5 The Buyer must ensure that the contents of its order are complete and accurate.
3.6 The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by installments. Where Goods are delivered by installments the Company reserves the right to treat each installment as a separate contract.
"the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
5. CONSUMER RIGHTS
Returns policy which is incorporated into the Conditions.
5.1 To cancel a contract, you must inform us in writing within the Cancellation Period. You must also return any related Good(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Delivery is on the terms set out in our delivery policy and incorporated into these Conditions.
7.1 The Goods will be at your risk from the time of delivery. 7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
Unless otherwise agreed by the Company in writing the price for the Goods shall be: (a) the price set out in the Company's price list published on the date of acceptance by the Company as defined herein; and (b) exclusive of any value added tax which is due for the Goods.
9.1 Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock.
9.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
9.3 All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision.
Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.