Terms & Conditions

UPDATED: JANUARY 2023

THESE TERMS

These are the terms and conditions (“Terms”) on which we supply products to you, whether these are products or services, on our website (www.popcorngroup.co.uk) (“Site”).

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

ABOUT US AND HOW TO CONTACT US

Popcorn Group is our trading name (“we”, “our” and “us”) and we are a company registered in England and Wales. Our company registration number is 13445360 and our registered office is at 7 Savoy Court, London, WC2R 0EX. Our registered VAT number is 342179309. You can contact our customer services team by email at info@popcorngroup.co.uk.

If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.

When we use the words “writing” or “written” in these Terms, this includes emails.

OUR CONTRACT WITH YOU

Your order is an offer to purchase the products you have selected. At this stage, no contract exists until we decide to accept it. All orders are subject to availability and acceptance by us.

Our acceptance of your order will take place when we send you a dispatch confirmation email or an email confirming that your order has been accepted along with the arrangements for delivery or collection of your products (the “Confirmation Email”). The contract between us and you will be formed when we send the Confirmation Email.

If we are unable to accept your order, we will inform you of this and will not charge you for the product (or if we have already charged you, you will be refunded). There may be several reasons for this, including: that a product is out of stock, the supplier has discontinued the products you have ordered, we are unable to obtain authorisation for your payment, your order has not passed our fraud screening process, you are purchasing an age-restricted product and we are not able to verify that you are over the required age, an item is unable to be shipped overseas to your given delivery address due to transport or import restrictions because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order (the details of which will be contained within the Confirmation Email).

OUR PRODUCTS

The images and descriptions of the products on our Site or on our marketing platforms (for example, Instagram) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the actual colour of the products. Your product may vary slightly from those images.

The packaging of the product may vary from that shown in images on our Site or on our marketing platforms (for example, Instagram). All sizes, weights, capacities, dimensions and measurements given are approximate.

If you purchase the same products, whether in the same order or not, we cannot guarantee that the products supplied will be from the same batch and be an exact colour match.

Some of our products are handmade (for example, glassware), bespoke or are made from natural products (for example, wood) which means that naturally there may be a slight variation in size, shape, colour and finish which may not be clearly represented by the Site image.

If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. This includes for access purposes, as further discussed below in these Terms. You can find information and tips on how to measure products on our Site or by contacting us.

YOUR RIGHTS TO MAKE CHANGES

Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order, and any specifications submitted by you, is complete and accurate.

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

OUR RIGHTS TO MAKE CHANGES

Minor changes to the products. We may change the product:

to reflect changes in the relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

Changes to these Terms. From time to time, we may make changes to these Terms. You should check our Site regularly to review the Terms that will apply at the time of your order. You will be subject to the Terms in force at the time of your order.

PROVIDING THE PRODUCTS

Delivery costs. The standard costs of delivery will be as displayed to you at the point of checkout. However, for deliveries outside of UK mainland, such as the Highlands and Islands, and for some large or heavy products that may require a more specialised delivery service other than our standard contracted delivery service, we may only be able to provide you with an estimated delivery cost. In these circumstances, once you have placed your order, we will contact you to confirm the cost of delivery and will only accept your order once you have confirmed you are happy with the costs of delivery. If we and you cannot agree on the costs of delivery (or we are unable to contact you) then we or you may cancel the order and, if any money has been taken from you for the products, we will refund this to you.

International deliveries and Northern Ireland – VAT and Duties. You should note that if you are purchasing products to be shipped outside the UK or EU, VAT will be deducted from the order at the checkout once you have filled in the shipping and billing information. On delivery to these countries, you may be liable for import duty and local taxes on your order, which will need to be paid to the carrier or local tax office before they will release the products. You must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the item from the UK and import into a country outside the UK or EU. In the event that an exemption applies, it is your sole responsibility to establish and/or document any applicable exemptions from taxes. You should contact your local tax office if you require more information about this. We are unable to provide any guidance on duties taxes, or exemptions.

When we will provide the products

Delivery time. If the products are in stock, they will be despatched and delivered to the address provided at checkout. Delivery time varies by product and manufacturer.

We will do our best to deliver your order to you within the timeframe we specify. However, lead times and delivery dates and times are estimates only. We cannot guarantee that orders will be delivered within estimated delivery or lead times. Delays may occur due to circumstances beyond our control, such as delays by third party suppliers, see clause 7.10 for further information. For the avoidance of doubt, we exclude our liability for such instances of late delivery, and no compensation shall be due from us to you for orders that are delivered after their estimated delivery dates and/or times. If you have any problems with your delivery or order, please let us know as soon as possible. You do however have your right to a refund (see clause 10 below).

If your order is shipped from our warehouse via courier, we will send you an email containing tracking information. You will then be able to track the progress of your delivery.

If our supply of the products and/or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays or losses caused by the event, including in relation to any claims for compensation. An event outside our control may include, but is not limited to, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, delays by third party suppliers, or delays caused by Royal Mail or transport strikes.

OWNERSHIP AND RESPONSIBILITY

A product will be your responsibility from the time we deliver the product to your address or you or a carrier organised by you collect it from us. You own a product once you have paid for it in full.

CANCELLATION

You may cancel your order within 14 days after the day you (or someone you nominate) receives the products unless the products are split into several deliveries over different days in which case, 14 days after the day you (or someone you nominate) receives the last delivery. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by email to info@popcorngroup.co.uk). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To notify us of your cancellation request you must do so via email. Following any cancellation, refund or amendment to your order any monies outstanding will be refunded against your original payment method within 14 of the product being received back from you.

We may cancel your order if we have insufficient stock to deliver the products you have ordered or we are unable to place the order with the manufacturer. If we cancel your order for this reason, we will notify you and refund you any monies you have paid in relation to the order within 7 days of your order being cancelled. We will not be obliged to offer any additional compensation for disappointment suffered.

RETURNS AND REFUNDS POLICY

We want you to be completely satisfied with your purchase. If you are a consumer, you may be able to return products to us for an exchange or refund for any reason within 14 days of delivery. You must include the relevant returns paperwork otherwise we will not be able to track and process it. This does not affect your legal rights.

Our returns policy is offered in addition to your legal rights. When you buy products from a business, in law you have a number of rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the products are faulty or misdescribed.

When your refund will be made, if you are exercising your right to change your mind, we will make the refund without undue delay, and not later than 14 days after the day we receive back from you any products supplied. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

Your legal right to reject faulty or misdescribed products if you are a consumer

If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract and nothing in these Terms will affect your legal rights. Our returns policy is in addition to your legal rights. If the products you have bought from us are faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). We would ask that you give us an opportunity to repair the faulty product first. If you wish to exercise your legal right to reject products you must return them to us in accordance with clause 10 of these Terms.

Returning products and return costs

If you end the contract for any reason (including exercising your right to change your mind or to reject products that are faulty or misdescribed) after products have been dispatched to you or you have received them, you must return them to us by posting them back to us or (if they are not suitable for posting) allowing us to collect them from you. Please follow the returns instructions set out in our returns policy. We recommend that you obtain proof of posting for your records, and if the products are of high value, you may wish to consider taking out insurance to protect the products whilst in transit as it or they are your responsibility until we receive them.

We will pay the costs of return:

if the products are faulty or misdescribed; or

if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of such collection. Once received, we will process your refund, excluding delivery costs (if applicable), within 10 business days. Refunds will be made to your original payment method unless otherwise agreed. The timing to process an exchange may vary depending on the item being exchanged.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or (c) you do not, within a reasonable time, allow us to deliver the products to you.

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 5 working days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

PRICE AND PAYMENT

The price of the product (which includes VAT (where applicable) and excludes any delivery charges) will be the price indicated on the order pages when you placed your order. Please see clause 12.3 for what happens if we discover an error in the price of the product you order.

We may change the price of a product from time to time, but changes will not affect any order we have already accepted.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

We accept payment with most types of credit and debit cards (including Visa and Mastercard). You must pay for the products and any delivery charges at the time of ordering unless otherwise agreed between us and you. Payment must be made before the products will be dispatched and before delivery can be arranged.

If you do not make any payment to us by the due date We:

will remind you that payment is due and if you do not make payment to us within 14 days of us reminding you that payment is due, we may terminate this contract and will not supply the products to you; and/or

may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Our total liability to you under these Terms shall not exceed the price paid by you to us for the product applicable to your claim.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: (a) as described and match information we provided to you and any sample or model seen or examined by you; (b) of satisfactory quality; (c) fit for any particular purpose made known to us; (d) supplied with reasonable skill and care; and (e) for defective products under the Consumer Protection Act 1987.

We only supply the products to you for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation. If you are a consumer, we will do our best to tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

If you are a business customer these Terms constitute the entire agreement between us and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts but if you live in another country, you can bring a claim in the courts which are local to you.