WEBSITE TERMS & CONDITIONS OF SUPPLY
What these terms cover. This page (together with our Terms of Use, Privacy and Acceptable Use Policy) tells you
information about us and the legal terms and conditions on which we supply products to you from our website at
www.freshpopuk.com
Why you should read them. These terms will apply to any contract between us for the supply of products to you.
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. If you refuse to
accept these Terms, you will not be able to order any products from our site.
You should print a copy of these terms or save them to your computer for future reference.
These terms, and any contract between us, are only in the English language.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are? We operate the website freshpopuk.com and are a limited company A & I Properties Limited T/a Fresh
Pop registered in England and Wales under company number 4925216. We have our registered office at Lord House, 51
Lord Street, Manchester, M3 1HE and main trading address at Unit 37B, Castle Court, Belfast BT1 1DD. Our VAT number is
GB909286987.
How to contact us. You can contact us at info@freshpopuk.com.
How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email
address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms this includes emails.
Our contract with you
How we will accept your order. Upon placing your order via our online checkout process, we will send you an order
acknowledgement email. Such email does not constitute acceptance of your order. Our acceptance of your order will take
place when we dispatch your order to you, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge
you for the product. If we are unable to accept your order and have already taken payment from you, we will return your
payment to you as soon as possible. This might be because the product is out of stock, 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.
Your order numbers. We will assign an order number to your order and tell you what it is when we accept your order. It
will help us if you can tell us the order number whenever you contact us about your order.
Discounts and promotional codes. Unless otherwise stated only one promotional code may be used per person per
transaction and any orders which include multiple discounts or promotional codes discounts may be cancelled without
notice. Unless otherwise stated codes expire within 1 month of first release and/or publication. We reserve the right to
cancel any promotional code for any reasons without notice.
Our products
Products may vary slightly from their pictures. The images of the products on our website 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 colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Your rights to make changes to your order
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. If we cannot make the change or the consequences of making the change are unacceptable to
you, you may want to end the contract.
OUR RIGHTS TO MAKE CHANGES
We may amend these terms from time to time. Please look at the top of this page to see when these Terms were last
updated and which Terms were changed. Every time you order products from us, the Terms in force at the time of your
order will apply to the contract between you and us.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of
the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in
respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return
(at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid,
including any delivery charges.
Minor changes. We may change the product and these terms to reflect changes in relevant laws and regulatory
requirements and change the product to implement minor technical adjustments and improvements (which will not affect
your use of the product) but, if we do so, we will notify you and explain the effects of these changes before the changes
take effect.
More significant changes to the products and these terms. In addition, we may make more significant changes to these
terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full
refund before the changes take effect
PROVIDING THE PRODUCTS
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the product. We or our courier will deliver the goods to you as soon as reasonably possible and if
you are a consumer in any event within 30 days after the day on which we accept your order, or we will contact you with
an estimated delivery date or to agree a delivery date, which if you are a consumer will be within 30 days after the day on
which we accept your order.
We are not responsible for delays outside our control.
1. An event outside our control means any act or event beyond our reasonable control, including for example
strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm,
flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private
telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport.
2. If you are a consumer. If our supply of the products 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 caused by the event, but if there is a risk of substantial delay
you may contact us to end the contract and receive a refund for any products you have paid for but not
received.
3. If you are a business. We will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under a contract that is caused by an event outside our control. If an event outside our
control takes place that affects the performance of our obligations under a contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a contract will be suspended and the time for performance of our obligations will be
extended for the duration of the event outside our control. Where the event outside our control affects our
delivery of products to you, we will arrange a new delivery date with you after the event outside our control is
over.
Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time
during our normal working hours on weekdays (excluding public holidays).
If you are not available when the product is delivered. If no one is available at your address to take delivery and the
products cannot be posted through your letterbox, we or our courier will leave you a note informing you of how to
rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you,
you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may
charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you
or re-arrange delivery or collection we may end the contract.
Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline
for any products then you may treat the contract as at an end straight away if any of the following apply:
1. we have refused to deliver the products;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your order that delivery within the delivery deadline was essential.
Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the
right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at
an end if we do not meet the new deadline.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause, you
can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or
cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their
value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products
have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if
they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please
email at info@freshpopuk.com for a return label or to arrange collection.
When you become responsible for the product. The product will be your responsibility from the time we deliver the
product to the address you gave us or you or a carrier organised by you collect it from us.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we
can supply the products to you. If so, this will have been stated in the description of the products on our website. We will
contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us
asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional
charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for
supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we
need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
1. deal with technical problems or make minor technical changes;
2. update the product to reflect changes in relevant laws and regulatory requirements;
3. make changes to the product as requested by you or notified by us to you.
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply
of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in
any 30-day period we will adjust the price so that you do not pay for products while they are suspended. You may contact
us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of
more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you
end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are
supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend
supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending
supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for
the products during the period for which they are suspended. As well as suspending the products we can also charge you
interest on your overdue payments.
How long do I have to change my mind? How long you have, depends on what you ordered and how it is delivered.
1. If you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods,
unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day
you (or someone you nominate) receives the last delivery to change your mind about the goods.
Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or
someone you nominate) receives the first delivery of the goods.
Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other
rights to end the contract, you can still contact us before it is completed and tell us you want to end it. If you do this the
contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from
that refund compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US IF YOU ARE A CONSUMER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Email. Email us at info@freshpopuk.com Please provide your name, home address, details of the order and, where
available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched
to you or you have received them, you must return them to us. You must either return the goods in person to where you
bought them or post them back to us.
When we will pay the costs of return. We will pay the costs of return:
1. if the products are faulty or misdescribed;
2. 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; or
3. if you are exchanging the product for an alternative product,
in all other circumstances you must pay the costs of return.
Deductions from refunds. If you are exercising your right to change your mind:
1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the
goods, if this has been caused by your handling them in a way which would not be reasonably permitted in a
shop If we refund you the price paid before we are able to inspect the goods and later discover you have handled
them in an unacceptable way, you must pay us an appropriate amount.
2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we
offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the
product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the
cheaper delivery option.
3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the
period for which it was supplied, ending with the time when you told us you had changed your mind. The amount
will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer
exercising your right to change your mind then:
1. If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we
receive the product back from you or, if earlier, the day on which you provide us with evidence that you have
sent the product back to us.
2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
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:
1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us
reminding you that payment is due;
2. 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, for example, specifications, dimensions, or wording for personalised goods;
3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
4. you do not, within a reasonable time, allow us access to your premises to supply the services.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will
refund any money you have paid in advance for products we have not provided but we may deduct or charge you
reasonable compensation for the net costs we will incur as a result of your breaking the contract.
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 endeavour to let you know at least 14 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.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the
Citizens Advice website www.adviceguide.org.uk
If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described,
fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the
following.
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most
cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement,
or, if that doesn't work, some of your money back.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either
return them in person to where you bought them, post them back to us. We will pay the costs of postage or collection.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the
order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is
correct. The price of the product does not include delivery charges. Our delivery charges are as advised to you during the
checkout process, before you confirm your order.
Inclusion of VAT. Please note that the price that you will pay is the VAT inclusive amount (where applicable) at the
applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of
your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full
before the change in VAT takes effect. Prior to confirming your order, you will be presented with a total (VAT inclusive
figure) which will be the amount you will be paying us for the products.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply
the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the
change in the rate of VAT takes effect.
What happens if we got the price wrong? 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, 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 goods provided to you.
When you must pay and how you must pay. We accept payment with credit card, debit card, PayPal, Amazon Pay. You
must pay for the products before we dispatch them. In the event that your credit or debit card is charged before your
order is accepted, a full refund (including any delivery costs charged) will be issued as soon as possible in the event that we
do not accept your order or should you decide not to proceed with the order. In these circumstances, please contact us.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and
we will not charge you interest until we have resolved the issue.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us. 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. 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.
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 and for defective products under
the Consumer Protection Act 1987
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products
for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
1. to supply the products to you;
2. to process your payment for the products; and
3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may
stop receiving these at any time by contacting us.
We may pass your personal information to credit reference agencies. Where we extend credit to you for the products, we
may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to
another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you
may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have
made in advance for products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee given
by us). You may only transfer your rights or your obligations under these terms to another person if we agree to this in
writing. We may not agree if we reasonably believe that the person to which you wish to transfer your obligations will not
be able to fulfil the obligations to be transferred. However, you may transfer a guarantee given by us in relation to the
product to a person who has acquired the product. We may require the person to whom the guarantee is transferred to
provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights
to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or
make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. 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.
Even if we delay in enforcing this contract, we can still enforce it later. 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.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are
governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in
Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in
Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
