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Terms and Conditions
These terms and conditions are subject to the laws of England, and by using the Service, you agree not only to be bound by them, but also agree to submit to the exclusive jurisdiction of the English courts in connection with any dispute, save that we have the right at our sole discretion to commence and pursue proceedings in alternative jurisdictions.
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS
In these Conditions unless the context requires otherwise:
1.1 “the Company” means Poppy’s of Lewes, Riverside, High Street, BN7 2RE.
1.2 “the Buyer” means the person who buys or agrees to buy Goods from the Company.
1.3 “the Goods” means the articles which the Buyer agrees to buy from the Company.
1.4 “the Price” means the price for the Goods excluding delivery and insurance.
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all orders and contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms & conditions including any terms & conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase the Goods subject to these Conditions.
2.3 The acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation of these conditions (including any special terms & conditions agreed between the parties) shall be inapplicable unless agreed in writing by a proprietor of the Company.
2.5 Save for any variations to these Conditions in accordance with sub-clause 2.4 the sales order and invoice constitute the entire agreement between the Company and the Buyer for the sale of the Goods.
3. PRICE AND PAYMENT
3.1 The Company reserves the right by giving notice to the Buyer at any time before delivery to increase the Price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the company or any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by the Buyer.
3.2 The Buyer shall pay the Price for the Goods, together with VAT, insurance and delivery charges (if applicable) before delivery.
3.3 The time for payment in accordance with Clause 3.2 shall be of the essence of the contract.
4. DELIVERY OF GOODS
4.1 Delivery will be to the address shown in the sales order or as otherwise nominated by the Buyer.
4.2 Any time or date given by the Company for delivery is approximate and the Company shall not be liable for delay in delivery, however caused.
4.3 In the event of the Buyer failing to accept delivery of Goods ordered at the agreed time and place, the Buyer shall pay any re-delivery or storage charges thereby incurred.
4.4 The Company will at its option replace or credit Goods proved to its satisfaction to have been lost or damaged in transit, provided that the Buyer notifies the Company in writing of any claim for lost Goods within seven days of the date of the invoice and of any claim for damaged Goods within forty-eight hours of delivery.
4.5 The Goods shall be at the Buyers risk as from delivery.
5. TITLE
5.1 In spite of delivery having been made, property in the Goods shall not pass from the Company until:
(a) the Buyer shall have paid the price plus VAT in full; and
(b) no other sums whatever shall be due from the Buyer to the Company.
6. WARRANTY AND LIABILITY
6.1 The Company warrant that goods will correspond with their specification at the time of delivery and will be free from defects in materials and workmanship.
7. FORCE MAJEURE
The Company shall not be liable in respect of any shortage or failure to supply goods where such shortage of or failure is due to act of God or any other reason beyond the control of the Company and the Company in such circumstances will not be liable in respect of any consequential loss to the Buyer.
8. NOTICE
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing and sent by post or fax to its principle place of business or registered office.
9. WAIVER
Any indulgence granted by the Company to the Buyer or any waiver by the Company of its rights under these conditions in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same indulgence or waiver of the Company’s right in respect of any further transaction(s).
10. LAW
These Conditions shall be governed by the law of England.
11. EMAIL
All customers who register for an account with Poppy’s of Lewes maybe sent email offers via the Email address provided on registration.
12. ACCEPTANCE
On behalf of/As the Buyer I/we understand and accept the conditions printed above and confirm that I am duly authorised by/as the Buyer to sign these conditions
General Information
Poppy's of Lewes reserves the right to change these terms and conditions at any time. Such revised terms and conditions will be posted on the Service. By continued use of the Service after such terms and conditions have been posted, you agree to abide by such changes.
13 RETURNING GOODS
If for any reason you are unhappy with your purchase you can return it to us in the condition your received it in within 14 days of the date you received the item and we will issue a full refund for the price you paid for the item (original delivery and return delivery costs, wherever made by Poppy’s of Lewes, will still be payable by the customer).
You can expect a refund in the same form of payment originally used for the purchase within 5 days of our receiving your return. If you require an exchange, please place a new order online.
This does not affect your legal rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.
Items returned because they are damaged, defective or incorrect
If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us by refunding your return postage costs. You can expect a refund in the same form of payment originally used for the purchase within 5 days of our receiving your return. Poppy’s of Lewes will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you.
The sender must apply the correct levels of insurance and guarantee to the delivery when returning goods to Poppy’s of Lewes and accept that Poppy’s of Lewes can not be held responsible for goods being lost or damaged by the courier appointed by you the customer when in transit.
