Terms and Conditions

T&Cs

Popped Snacks Ltd. is a company registered in England and Wales, company number 11550756.

Our registered address is 4 Riverside House, 1-5 High Street, St Albans AL2 1RE.

Our VAT number is GB320187043.

Plant Pops and the Plant Pops logo are trademarks of Popped Snacks Ltd.

TERMS AND CONDITIONS OF TRADE

Our terms and conditions of trade explain how we will handle your order, your rights and our duty to you.

ORDERING AND PAYMENTS

Orders are subject to the required stock availability. Items that you add to your shopping basket on the site are not reserved for you and are available for sale to other customers browsing the site at the same time. Stock is reserved for you once you have placed your order and the sale is finalised once the order dispatches from our warehouse and a dispatch confirmation is emailed to you.

Payments on our site are processed using Shopify Payments, a secure and trusted online payment gateway. Shopify Payments has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify's Terms of Service and Privacy Statement.

Payments for all orders are subject to fraud checks and checks by the card issuer. By submitting a payment through the site, you are granting permission for such checks as required. For your security, when using a credit/debit card, the billing name, address and phone number must match that of the payment card. We reserve the right to cancel any order that does not match these criteria.

By submitting your order on our site, you are confirming that the credit/debit card is yours or that you have authority from the cardholder to make the payment.

We reserve the right to refuse payments and orders for customers who are not aged 18 or over, or for any order at our own discretion. If we are not able to accept your order we will inform you of this in writing and will not charge you for the goods.

Our Products are sold subject to their product descriptions. We take care that these are as accurate as possible but occasionally they may contain inaccuracies, omissions or typographical errors. Likewise these may affect promotions, offers, product shipping charges, transit times and availability. As such all of the information on this website, including product descriptions, may not always be accurate when you place an order. In such cases we will try and contact you to resolve the issue but we reserve the right to: correct any errors, inaccuracies or omissions; change or update information; withdraw the produce from sale or cancel orders without prior notice. We are not responsible if information made available on this site is not accurate, complete or current. From time to time we may change the design and specification of our products, and product descriptions and prices are subject to change without notice. We may also withdraw products from sale without notice. We try and deliver the best service we can but occasionally we may need to take the site offline for maintenance or updates.

PRICES

We check the prices on our website regularly, but if we find the price has changed or that there has been a pricing error when we receive your order, we will contact you and ask if you wish to continue with your purchase at the correct price. If you confirm that you do wish to proceed, then your confirmation constitutes a new order to us. Please remember that the sale is not finalised until we have dispatched the goods from our warehouse and sent you a dispatch confirmation by email.

Prices shown on our website are inclusive of UK VAT. Prices shown do not include delivery costs. The costs of delivery will be as displayed to you on our website and will be confirmed to you while placing the order.

DELIVERY TIMES

We will dispatch the goods to you as soon as possible after you place your order, normally within 3 working days if the goods are in stock. If we are unable to dispatch the goods within that time we will email you as soon as possible to let you know and give you an estimated delivery date. If you are not happy with the estimated delivery date, you can cancel your order and will receive a full refund.

We’ll always try to deliver your goods within the timeframes shown on our website, but are not responsible for delays in delivery that are outside our control. All delivery timings given refer to normal working days and exclude bank holidays. We’ll contact you if your delivery is going to be delayed for reasons outside our control, and if you want to, you can cancel your order and receive a refund for the items you haven’t yet received.

We dispatch our goods by Royal Mail, unless an expedited delivery service has been selected.

You are responsible for the goods as soon as they are delivered to you. If a parcel is damaged, you should notify us by 5pm the next working day after the delivery – please email hello@plantpopssnacks.com quoting your order number.

CUSTOMS CHARGES

For other worldwide destinations outside of the UK, your local customs authority may apply import duties and customs clearance charges. In placing your order, you acknowledge that it is your responsibility to pay these charges to the carrier before your package can be delivered to you.

RETURNS & CANCELLATIONS

Products can only be returned if there is a manufacturer defect and the items are unopened.

The item must be returned within 14 days of purchase.

To request a refund, please email us at hello@plantpopssnacks.com and state your reason for requesting a refund.

We will confirm the return address by email.

Nothing in these terms and conditions of trade is intended to affect your statutory rights. These rights include:

that any goods supplied by us will be fit for purpose and of satisfactory quality and will conform to the description given
certain remedies if goods are defective
a right to cancel within a specified period and receive a full refund even if they are not defective.

If for any reason you are unhappy with your goods, in addition to your statutory rights under the Consumer Contracts Regulations 2013, we offer you the right to cancel your order, return the goods to us and receive a full refund provided that you have not yet opened or in any other way damaged or modified the goods, and you return the goods to us in the same condition in which you received them within 14 days of the confirmed delivery date.

You have a legal obligation to take reasonable care of the goods while they are in your possession.

If you decide to return the goods, you must email us at hello@plantpopssnacks.com to receive a returns form containing full instructions for the return, along with a returns authorisation number.

All refunds under our 14 day return policy will be made within 5 days of our receipt of the returned goods. If you return an item to us for a refund, we will refund the amount you paid to us but not any customs charges you paid to the carrier or your local customs authority.

We can’t accept customs charges on returns, so if you’re returning from outside the UK, you must complete the customs label with the text “British return. Goods returned under warranty” and write the returns authorisation number provided to you clearly on the outside of the envelope. Any returned goods that arrive at UK customs requiring customs charges to be paid will be returned to sender.

Your right of return and cancellation as explained above is without prejudice to your local statutory right of cancellation.

YOUR CANCELLATION RIGHTS UNDER THE CONSUMER CONTRACTS REGULATION 2013

Consumers have a right under the UK Consumer Contracts Regulations 2013 to cancel orders for goods bought online during the period of 14 working days, beginning with the day after the day on which you receive the goods, and receive a refund. Customers outside the UK have 14 days to cancel orders under these rights. If you wish to rely on your statutory rights, you are required to cover the cost of returning the cancelled items to us.

All refunds will be made within 30 days of notice of cancellation.

If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us following the return instructions given above.

If you are exercising your rights under the Consumer Contracts Regulations 2013 you must send off the goods within 14 days of telling us you wish to end the contract.

LIMITATIONS ON OUR LIABILITY TO YOU

for fraud, fraudulent misrepresentation or our gross negligence or the gross negligence of our employees or agents
for death or personal injury resulting from our negligence or the negligence of our employees or agents
under section 2(3) of the Consumer Protection Act 1987
for any matter for which it would be illegal for us to exclude, or attempt, our liability.

Subject to paragraph 7 above, and unless prohibited by your local statutory law, these terms and conditions of trade shall not:

make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these terms and conditions of trade, including where the damage or loss results from our breach of these terms and conditions of trade
make us responsible for any damage or loss caused to you where you are not entering into these terms and conditions of trade as a consumer (as defined under your local statutory law).

Our aggregate liability to you for any loss or damage arising in connection with these terms and conditions of trade shall be limited in respect of each claim to the purchase price of your order or orders.

We are not responsible for any delay or failure to comply with our obligations under these terms and conditions of trade if the delay or failure arises out of any event which is beyond our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.

ELECTRONIC COMMUNICATIONS

By using this website, you accept that communication with us will mainly be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to receive communications from us electronically (to the most recent email address you have provided to us) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

GENERAL

If any of these Terms & Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms & Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.

If you breach these Terms & Conditions of Trade and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions of Trade.

These terms are governed by UK law. Both you and Popped Snacks Ltd agree to submit to the non-exclusive jurisdiction of the British courts.

TERMS OF WEBSITE USE

Your purchase of goods through this website is subject to and governed by the terms and conditions of trade, terms of website use, privacy policy and cookies policy shown on this page, and you should read these before placing an order.

We may update these policies from time to time. Any changes will be effective immediately unless local laws require a minimum duration for any revisions to take effect.

PERMITTED USES OF THE WEBSITE AND RESTRICTIONS

You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the website in a manner that:

is inconsistent with these website terms
violates any applicable law, rule, regulation or order
could damage, disable, overburden, or impair our website or interfere with any other party’s use and enjoyment of the website.

You will not transmit, distribute, introduce or otherwise make available in any manner through the website any computer ‘virus’ including keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming.

While we take all reasonable steps to make sure the website is free from viruses, we do not guarantee that this will be the case at all times. If you download software or any other content from the website, you do so at your own risk.

You may not:

use the website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the website
use any data mining, robots, or similar data gathering and extracting tools in connection with the website
modify the information located on the website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information for any public or commercial purpose
remove any copyright, trademark or other proprietary notices from the website.

The website and all text, audio, video, pictures, music, images, graphics, information, content, and other material displayed on, or downloadable from, the website are either the property of, or used with permission by, Popped Snacks Ltd., its licensors or its content providers and are protected by copyright, trademark and other laws and may not be used except as permitted in these website terms or with the prior written permission of the owner of such material.

Any unauthorised use of any such information may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws, rules and regulations.

ACCURACY OF INFORMATION

Although we try to make sure that information on the website is complete, accurate and current, we cannot guarantee the completeness, accuracy or currency of any information on the website.

TRADEMARKS

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the website are registered or unregistered trademarks, trade names or service marks owned by Popped Snacks Ltd.. Other trademarks, trade names and service marks used or displayed on the website are the registered or unregistered trademarks, trade names or service marks owned by their respective owners and used with permission by Popped Snacks Ltd..

Nothing contained on any of the website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the website without our written permission or the written permission of such third-party owner.

LINKING TO THE WEBSITE

You may link to our website from another website. Any links to our website must comply with all applicable laws, rules and regulations and any applicable policies of Popped Snacks Ltd., and we reserve the right to prohibit any link at any time.

You are not allowed to display our website or any information displayed on our website in frames or similar means on another website without our prior written permission.

THIRD-PARTY LINKS

Our website may contain links to third party websites that we do not own, operate or control. We are not responsible for any content or other information located on or accessible from any third-party site. We also do not endorse, guarantee, or make any representations or warranties regarding any third party website, or any content or other information located at, or accessible from them. If you decide to access a third party website linked to from our website, you do so entirely at your own risk.

DISCLAIMERS

Your use of the website is at your risk. The content or any services provided in connection with the website are provided ‘as is’ without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not warrant the accuracy or completeness of the website or any content, information or services provided or made available on it. The website may be out of date, and we do not make any commitment or assume any duty to update the website.

The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

LIMITATIONS OF LIABILITY

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer system, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website or your downloading of any content and information from the website.

In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of the website be liable to any party for any indirect, special, punitive, incidental, consequential or other damages of any kind (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website, any website linked to the website, or the content, information or services contained at any or all such website, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not advised of the possibility of such damages.

The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with any of the website or any content, you agree that your sole remedy is to cease using the website. Nothing in these website terms shall limit or exclude, or purport to limit or exclude, our liability for death or personal injury arising from our negligence, or for fraud.

The disclaimers above do not apply to products which are dealt with in our terms and conditions of trade.

INDEMNIFICATION

Unless prohibited by applicable local mandatory law, you agree to indemnify and hold us, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns and retail partners harmless from and against any loss, cost, damage or expense (including reasonable attorneys’ fees and legal costs) incurred in connection with any third-party claim, demand or action arising from or in connection with your breach of these website terms.

If you are obligated to indemnify us hereunder, we may, in our discretion, control the defence and disposition of any such claims at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party claim without our consent.

CHOICE OF LAW AND JURISDICTION

These website terms and any contracts based on them are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these website terms shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.

TERMINATION

We may suspend or terminate your use of the website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the website at any time without notice.

STATUTORY RIGHTS

Nothing in these website terms shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.