Terms of Sale
Terms of Sale
It is important that you find the time to read the full version of our Terms of Sale and Terms of Use, as they are legally binding.
Scope Of These Terms Of Sale
These Terms of Sale govern the sale of any Goods to residents in the United States, Canada and any other customers buying from the US or Canadian sites.
Order And Contract Creation
In order to buy anything on our Websites, you will need to add the product to the basket and let us guide you through the checkout process. We will ask you to provide the details required to fulfill your order. Soon after that we will ship your items and send you an email confirming that your order has been shipped. Please note that all products displayed on our Websites are subject to availability and subject to our acceptance of your order.
The Contract will apply to the exclusion of any other terms, including any terms which you may purport to apply under any purchase order, confirmation of order or other document. By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will only subsist after we have debited your payment method and sent an Order Confirmation (whether or not you have received it) and will relate only to Goods specified in the Order Confirmation.
Nothing in these Terms of Sale shall operate to deny or limit any of your rights as a consumer by law. In the event of conflict between the terms of the Contract and any such rights, the latter shall prevail in favor of you provided you are buying from us as a consumer and not as a business.
All Goods offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email (whether or not you have received it)
The technical steps required to create the Contract between us are as follows:
- You place the order for your Goods on the Websites by adding the Goods to your basket, following the prompts and pressing the “confirm order” button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the relevant Website.
- You fill in all the details required to complete a purchase and make a payment. 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 and the payment has been approved.
- We will send to you an order acknowledgement email detailing the Goods you have ordered. This is not an Order Confirmation. You should check that the details in this order acknowledgment are correct, and keep a copy of it.
- You will receive an Order Confirmation for your order via email once your order has been shipped. The formation of the Contract shall be completed on the shipment to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.
You should check that the details in the Order Confirmation are correct, and keep a copy of it.
POPCraft reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:
- the Goods you ordered being unavailable;
- our inability to obtain authorization and confirmed receipt for your payment;
- the identification of a pricing or product description error; or
- you not meeting the eligibility to order criteria set out in the Terms of Use.
Description Of Products
We make every effort to provide accurate and helpful information to our customers, nevertheless you should take care when relying on information provided by us, and check against the manufacturer's instructions.
We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on our Websites are correct at the time when the relevant information is entered onto the system. Although we aim to keep the Websites as up to date as possible, the information, including descriptions of Goods, appearing on the relevant Websites at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which shall be deemed to have been accepted by you unless we receive a notification in writing within 14 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications. While we make every effort to provide accurate and helpful information, commentary and other materials posted on our Website are a guide only and not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may be informed of any of its contents.
Payment
Payment can be made by any major credit or debit card or using PayPal. While we take all reasonable care and use SSL encryption technology, any Internet data transmission bears risks.
By placing an order you agree that payment will be charged to your debit/credit card account or electronic payment account as provided on the order form before the shipment of the Goods. Payment can be made by any major credit or debit card, via Apple Pay or Google Pay or through an electronic payment account as explained on the order form. However, we do not accept the following: Diners Club, JCB, Laser, Discover. When you pay for your order by credit card, we carry out certain checks which include obtaining authorization 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. By accepting these Terms of Sale you confirm 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. Payment will be taken out of your account before delivery of the goods. We will take all reasonable care, insofar 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 unauthorized access to any data you provide when accessing or ordering from the Website.
All payments will be taken in the currency the price is displayed at on the Website.
Delivery
We offer standard delivery to anywhere in the United States and international. We might ship your order in one or more installments. Any dates quoted for delivery of the goods are indicative only and we cannot guarantee the delivery by the specified date. When your items arrive please check them, especially if you need to sign for delivery. For more detailed information please see our Delivery guide.
For further information on our shipping policies please see our Shipping page. The place for delivery of the Goods will be agreed between us and you during the checkout process, which may be an address other than billing address. Please ensure you have entered the correct delivery address as we are only able to change this within a short period of ordering. We offer standard delivery to anywhere in the United States or Canada. We can, at our sole discretion, accept orders from individuals located in those otherwise exempted areas, 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. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods however caused. If no delivery dates are specified, orders will be delivered within 30 days of the original order date. Where earlier dates are specified, these cannot be guaranteed. However if we find that we are unable to deliver within the dates specified or within 30 days if no other earlier dates are specified, we will contact you and give you the choice whether to (a) accept a different delivery date; (b) accept the substitution of a similar Good of equal or higher value; or (c) to cancel your order and receive a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
You must inspect the Goods on delivery. If you are asked for your signature on delivery, you should examine the Goods before signing for it. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the Contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments.
Cancellation
You may cancel your order within 20 minutes of placing the order. In the unfortunate and unlikely event of a price and/or description error of a product, we may cancel and refund your order.
If, having placed an order with us, you wish to cancel it, you may do so for a full refund of the cost of the Goods and any shipping charges, provided that you have contacted us within 20 minutes of placing the order. We recommend that you contact us by phone or via the chat function on our website to ensure that your cancellation can be processed within the 20 minute window. After this we will be unable to cancel the Goods and you may return them in accordance with “Returns and Refunds” below, for a refund of the cost of the goods only.
We may cancel the Contract 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 provide those Goods to you. If we discover the error before sending an Order Confirmation, 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 discover the error after sending you an Order Confirmation 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 recognized by you. We will notify you if we cancel the Contract and you will receive a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
Returns And Refunds
Customers resident in the US may return new and unused products, which are not incorrect or faulty within 3 days of delivery at your cost, custom orders are non-refundable.
We will not refund original or return shipping costs. For more detailed information refer to our Returns & Refunds guides for the US and Canada.
All Goods which are returned by you to us must be returned with appropriate packaging and the original delivery note. Since you are liable for damage to Goods due to insufficient packaging by you, the best option is to return them with the original packaging as supplied by us. The Goods must be in an unused condition (except only in the case of Goods which have been discovered upon use to be faulty) to ensure part or full refund in respect of such Goods. Value packs and craft packs may be returned only as a whole pack or kit, we are unable to accept the return of part packs or kits. Please retain a certificate of posting as proof of your return.
If you do not receive an order you have placed, you must let us know as soon as possible after the estimated delivery period and within 3 days of placing the order. Our US and Canada shipping service can only be tracked for this length of time, so any orders which are shipped at our end but have not arrived will not be refundable after 3 days.
Faulty And/Or Incorrect Goods
Faulty, defective or wrongly delivered goods will be fully refunded, including the original shipping costs. Please contact us within 3 days HERE and we will supply a return address label for you to use. The fault must not be due to misuse (including use contrary to the manufacturer’s instructions) or normal wear and tear. This shall apply only to the part of your order which is faulty or incorrect, unless all of the items in your order are faulty or incorrect. You must include the order number and details of the claim.
Your refund will be paid within 30 days of the safe arrival of the Goods at our Premises or on receipt of proof of postage whichever is earlier. We will have no further liability to you in respect of such items.
Applicable Law And Jurisdiction
These Terms of Sale, a Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed and construed in accordance with the laws of the United States and you and POPCraft shall irrevocably submit to the non-exclusive personal jurisdiction of courts of United States and waive any objection to venue in such court.