This page (together with our Privacy Policy, Terms of Website Use (if any) and Website Acceptable Use Policy (if any)) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our Site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.

You may wish to print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. This version of these Terms came into force on the 1^st October 2015.

These Terms, and any Contract between us, are only in the English language.

1.              Information about us

1.1           Our Site is accessible at popaball.co.uk. We are Popaball, a company registered in England and Wales under company number 7343412 and with our registered office at Studios 4-6, Benfield Business Park, Benfield Road, Newcastle, NE6 4NQ. Our VAT number is 105590530.

1.2           Contacting us if you are a consumer

(a)      To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete and return the cancellation form found at the bottom of these Terms (Cancellation Form) by e-mail to hello@popaball.co.uk. If you use this method, we will e-mail you to confirm we have received your e-mail. You can also return the Cancellation Form by post to our registered address given in clause 1.1 above or contact us by telephone on 0191 432 6231. A cancellation submitted by e-mail or post does not need to take the form of the Cancellation Form, but please ensure that you include details of the relevant order to help us to identify it. If you send us your cancellation by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b)      If you wish to contact us for any other reason, including because you have any complaints, you can contact us using any address or number specified in clause 1.2(a) above.

(c)       If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1.3           Contacting us if you are a business

Please contact us by e-mail at trade@popaball.co.uk or by telephone on 0191 432 6231. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.

2.              Our Products

2.1           The images of the Products on our Site are for illustrative purposes only. The actual colours of certain elements of Products supplied may differ from those displayed in images (e.g. if the colours of parts we have in stock are different). Further, although we make every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2           Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 5% tolerance.

3.              Use of our site

Your use of our Site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4.              How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.              If you are a consumer

This clause 5 only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.

6.              If you are a business customer

This clause 6 only applies if you are a business.

6.1           If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.

6.2           These Terms and the terms of any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

6.3           You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the terms of any document expressly referred to in them.

6.4           You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or misstatement based on any statement in this Contract.

7.              How the contract is formed between you and us

7.1           Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2           After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

7.3           We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

7.4           If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, because we cannot meet your requested delivery date, because we cannot deliver to the country specified in your order (see clause 11.1) or because of an error in the price on our Site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as reasonably possible.

8.              Our right to vary these Terms

8.1           We amend these Terms from time to time. Please look at the top of this page to see whether a new version of these Terms has come into force since you last used our Site.

8.2           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.

8.3           We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.

8.4           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.

9.              Your consumer right of return and refund

This clause 9 only applies if you are a consumer.

9.1           If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2           For health and safety reasons, this cancellation right does not apply in the case of Products containing a sealed packet of any consumable item, for example but without limitation juice bubbles or drinks, where that seal is broken after you receive them.

9.3           Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

9.4           To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete and return the Cancellation Form found at the bottom of these Terms by e-mail to hello@popaball.co.uk. If you use this method, we will e-mail you to confirm we have received your e-mail. You can also return the Cancellation Form by post to our registered address given in clause 1.1 above or contact us by telephone on 0191 432 6231. A cancellation submitted by e-mail or post does not need to take the form of the Cancellation Form, but please ensure that you include details of the relevant order to help us to identify it. If you send us your cancellation by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

9.5           If you cancel a Contract you must return the relevant Product(s) to us at our registered address given in clause 1.1 above without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract or, if later, the day you receive the Product(s). Except where any Product(s) is/are faulty or not as described (in which case, see clause 9.7), you will be responsible for the cost of returning the Product(s) to us.

9.6           If you cancel your Contract we will:

(a)       refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if this has been caused by you handling the Products in a manner that goes beyond that necessary to determine the nature, characteristics and functioning of the Products, which will be the case in particular but without limitation where your handling would not be permitted in a shop (subject always to clause 9.2);

(b)       refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, we offer a standard delivery option whereby Products are generally delivered within 3-5 working days, if you choose to have the Product delivered earlier at a higher cost, then we will only refund what you would have paid for our standard delivery option; and

(c)       make any refunds due to you as soon as reasonably possible and in any event within the deadlines indicated below:

(i)         if you have received the Product(s), 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product(s) back to us; or

(ii)        if you have not received the Product(s), 14 days after you inform us of your decision to cancel the Contract.

9.7           If you return Products to us under this clause 9 because they are faulty or mis-described, we will (subject to clause 15.2) refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.8           We will refund you on the PayPal account, credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

9.9           Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.           Delivery

10.1        Delivery will generally take place within 2-3 working days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.

10.2        If no one is available at your address to take delivery, the Products will be taken away for storage by our delivery service and a note will be left with you to inform you of where the Products can be collected from. Please note that the Products may be returned to our premises if the Products are not collected within a certain timescales, in which case please contact us to rearrange delivery, which will be at your reasonable cost.

10.3        Delivery of an order shall be completed when we deliver the Products to the address you gave us or to you or a carrier organised by you to collect them from us and the Products will be your responsibility from that time.

10.4        You own the Products once we have received payment in full, including all applicable delivery charges, and a Dispatch Confirmation has been sent with respect to those Products.

Clauses 10.5 to 10.7 only apply if you are a consumer.

10.5        If we fail to deliver any Products within 30 days after the date of the Dispatch Confirmation relating to them or within any other deadline you informed must be met before we accepted the order for those Products, you may cancel your order straight away if any of the following apply:

(a)       we have refused to deliver the Products;

(b)       delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)       you told us before we accepted your order that delivery within the delivery deadline was essential.

10.6        If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

10.7        If you do choose to cancel your order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.

11.           International delivery

11.1        We are able to deliver to countries within the EU but not outside. If for any reason we are unable to deliver to any particular country specified in your order, we will inform you of this by e-mail and we will not process your order.

11.2        If you order Products from our Site for delivery to an International Delivery Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

11.3        You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.4        You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

12.           Price of products and delivery charges

12.1        The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 12.5 for what happens if we discover an error in the price of any Product(s) you ordered.

12.2        Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

12.3        The price of a Product includes VAT (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.

12.4        The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Returns page.

12.5        Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)       where the Product’s correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you; or

(b)       if the Product’s correct price is higher than the price stated on our Site, we will contact you by e-mail as soon as reasonably possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Please note that, without prejudice to our right not to an accept an order pursuant to clause 7, if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

13.           How to pay

13.1        You can pay for Products using a debit card, a credit card or your PayPal account (if you have one).

13.2        Payment for the Products and all applicable delivery charges is in advance.

14.           MANUFACTURER GUARANTEES

14.1        Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to any manufacturer’s guarantee provided with the Products.

14.2        If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15.           Statutory rights with respect to the Products and entitlement to refunds, repairs and replacements

15.1        If you are a consumer, nothing in these Terms affects your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15.2        Please note that, prior to providing you with a refund, repair or replacement in the event that any Product received by you is faulty or not as described, we may require you to provide photographic or other appropriate evidence of the relevant defect.