Terms & Conditions
Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website Popinabox.ca ('the Website') and your relationship with; (i) The Hut.com Limited (trading as Popinabox.ca) whose registered office is at Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ or (ii) if your purchase is made in Canadian dollars (CAD), with Mama Mio US, Inc. whose registered office is at 555 California Street, Suite 4925, San Francisco, CA 94104, USA ('we', 'our' or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
1.
Agreement
By using the Website
you agree to be bound by these Terms.
2.
Amendments
We reserve the right to:
• Update these Terms from time to time and any changes will
be notified to you via a suitable announcement on the Website. It is your
responsibility to check for such changes. The changes will apply to the use of
the Website after we have given such announcement. If you do not wish to accept
the new Terms you should not continue to use the Website. If you continue to
use the Website after the date on which the change comes into effect, your use
of the Website indicates your agreement to be bound by the new Terms; and
• modify or withdraw, temporarily or permanently, this
Website and the material contained within (or any part) without notice to you
and you confirm that we shall not be liable to you for any modification to or
withdrawal of the Website or its contents.
3.
Registration
You warrant that:
• The personal information which you are required to provide
when you register is true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity The products purchased on
this site are for private and domestic use only and are not for re sale. You
will notify us immediately of any changes to the personal information by
e-mailing
our customer service representatives at:
• E-mail address: customer.experience@thehutgroup.com
4.
Privacy Policy
We will treat all your personal information as confidential
and will only use it in accordance with our Privacy Policy.
When you shop on this Website, we will ask you to input personal details in
order
for us to identify you, such as your name, e-mail address, billing address,
delivery
address, credit card or other payment information. We confirm that this
information will be held by us in accordance with the registration we have with
the Data Commissioner's office.
5.
Protecting Your Security
To ensure that your credit, debit or charge card is not
being used without your consent, we will validate name, address and other
personal
information supplied by you during the order process against appropriate third
party databases. We take the risk of internet fraud very seriously. With the
volume of fraudulent credit card transactions increasing, we make every effort
to ensure all orders are thoroughly checked using the information already
supplied. There is a possibility we may contact you to make additional security
checks and we ask for your co-operation to enable us to complete them. We will
not tolerate fraudulent transactions and such transactions will be reported to
the relevant authorities.
By accepting these terms and conditions you consent to such
checks being made. In performing these checks personal information provided by
you may be disclosed to a registered Credit Reference Agency which may keep a
record of that information. You can rest assured that this is done only to
confirm your identity, that a credit check is not performed and that your
credit rating will be unaffected. All information provided by you will be
treated securely and strictly in accordance with the Data Protection Act 1998.
6.
Compliance
The Website may only be used for lawful purposes and in a
lawful manner. You agree to comply with all applicable laws, statutes and
regulations regarding the Website and its use. You agree not to upload or
transmit through the Website:
• Any computer viruses or anything else designed to
interfere with, interrupt or disrupt the normal operating procedures of a
computer; and
• Any material which is defamatory, offensive
or of an obscene character
7.
Indemnity
You agree to fully indemnify, defend and hold us, and our
officers, directors, employees and suppliers, harmless immediately on demand,
from and against all claims, losses, costs and expenses, including reasonable
legal fees, arising out of any breach of these Terms by you, or any other
liabilities
arising out of your use of this Website or any other person accessing the
Website using your personal information.
8.
Third Party Links
As a convenience to our customers, the Website may include
links to other websites or material which is beyond our control. For your
information, we are not responsible for such websites or material nor do we
review or endorse them. We will not be liable, whether directly or indirectly,
for
the privacy practices or content of such websites or for any damage, loss or
offence caused or alleged to be caused in connection with, the use of or
reliance on any such advertising, content, products, materials or services
available on such external websites or resources.
9.
Orders
All orders are subject to acceptance and availability. If
the goods ordered are not available, you will be notified by e-mail (or by
other means if no e-mail address has been provided) and you will have the
option either to wait until the item is available from stock or to cancel your
order.
Any orders placed by you will be treated as an offer to
purchase the goods or services from us and we have the right to reject such
offers at any time. You acknowledge that any automated acknowledgment of your
order which you may receive from us shall not amount to our acceptance of your
offer to purchase goods or services advertised on the Website. The conclusion
of a contract between you and us will take place when we (i) debit your credit,
debit card or PayPal account or (ii) dispatch the goods to you or commence the
services, whichever is the later.
We will take all reasonable care, in so far 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 liable for any loss you may
suffer if a third party procures unauthorised access to any data provided by
you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or
distribution. You are limited to a purchase of 3 items of any one product. We
reserve the right to cancel orders and/or suspend accounts where we believe
products are being ordered in breach of this provision.
You will assume the risk for the products once they have
been delivered to the delivery address which you specified when ordering the
products.
We accept no liability where you provide an incorrect delivery address or where
you fail to collect the products from the delivery address which you specified.
Deposit Items certain high value items are not readily
available from stock and require a production order to be placed on the
supplier. Such items are identified on our Websites as Preorder items. When ordering such items
you agree that the expected delivery date can be variable. We will keep you
informed by email of expected delivery times which in certain circumstances may
be up to approximately twelve weeks.
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes the The Hut Group to import the goods on his behalf. Further, the consignee/buyer agrees The Hut Group may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker).
10.
Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private
use as opposed to business use), please note that you are entitled to cancel
any contract completed with us within 14 days from the day the item is
dispatched.
To exercise the right to cancel, you must inform us of your decision to cancel
this contract by a clear statement (e.g. by selecting the appropriate option in
your account or a letter sent by post). Alternatively, please contact us if you
wish to use our model cancellation form.
Please ensure that the items you are returning are unopened and in any original
packaging. Unwanted goods need to be in pristine condition with any retail
seals unbroken.
Our Returns Policy does not affect your statutory rights.
11.
Price and Payment
All prices shown are inclusive of VAT (where applicable) and
are correct at the time they are entered on to the system. We reserve the
right, however, to change prices at any time without notice to you.
Orders with a delivery address outside the UK may be subject
to import duties and taxes (including VAT) which are levied once a delivery
reaches your destination country. Any such additional charges must be borne by
you. You should note that customs policies and practices vary widely from
country to country. We recommend that you contactyour local customs office for
information.
Please note that when shipping goods from outside of the
United Kingdom, cross border shipments may be subject to opening and inspection
by customs authorities. In respect of all goods dispatched to you to an address
outside of the United Kingdom, you are deemed to be the importer of the goods
and must therefore comply with all the laws and regulations of the country into
which the goods are being delivered.
Payment can be made by any major credit or debit card or via
your PayPal account.
If your credit or debit card payment is not processed successfully for any reason,
we reserve the right to reattempt to process payment.
We will give you at least 48 hours' notice in advance of any reattempt
by sending an email to the email address you provided to us.
If you do not want us to reattempt to process payment,
you must cancel your order within 48 hours of us sending you this email.
Payment will be debited and cleared from your account before
the dispatch of your good or provision of the service to you. If payment is to
be made via a credit card a value of £0.01 will be held against the card until
the
card issuer validates the payment.
In the unlikely event that the price shown on the checkout
page is wrong, and we discover this before accepting your order in accordance
with clause 9, we are not required to sell the goods to you at the price shown.
We always try and ensure that the prices of goods shown on our Website are
accurate, but occasionally genuine errors may occur. If we discover an error in
the price of the goods that you have ordered we will let you know as soon as
possible and give you the option of reconfirming your order at the correct
price or cancelling it. If you cancel your order and you have already paid for
the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account
that is being used is yours. All credit/debit cardholders are subject to
validation checks and authorisation by the card issuer. If the issuer of your
payment card refuses to or does not, for any reason, authorise payment to us we
will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We
reserve the right to reject or cancel any orders where you add more than one
discount code to the basket.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
We allow you to use discount codes strictly on the terms and
conditions upon which they were issued which, amongst other things, may include
terms relating to your eligibility to use them and a maximum order value.
Discount codes that are valid across the entire site exclude the following
products -Click Here for the full list.
Please familiarise yourself with these terms and conditions
before you place an order as we reserve the right to reject or cancel any orders
which do not comply with these terms even if your credit or debit card has been
charged. If there is any inconsistency between the terms and conditions upon
which the discount codes were issued and these terms and conditions, the
discount code terms and conditions prevail. A copy of the discount code terms
and conditions can be obtained by mailing or telephoning our customer service
representatives at:
• e-mail address: customer.experience@thehutgroup.com
12.
Eligibility to Purchase
To be eligible to purchase goods on this Website and
lawfully enter into and form contracts on this Website under English law you
must:
If an individual, be 18 years of age or over; and register
your real name, address, phone number, e-mail address any other details
requested.
By offering to purchase goods and services you represent to
us that you are 18 years of age or over and authorise us to transmit
information (included updated information) to obtain information from third
parties, including but not limited to, your debit or credit card numbers or
credit reports to authenticate your identity, to validate your credit card, to
obtain an initial credit card authorisation and to authorise individual
purchase transactions.
13.
Intellectual Property
The content of the Website is protected by copyright, trademarks,
database and other intellectual property rights and you acknowledge that the
material and content supplied as part of the Website shall remain with us or
our licensors you may retrieve and display the content of the Website on a
computer screen, store such content in electronic form on disk (but not any
server or other storage device connected to a network) or print one copy of
such content for your own personal, non-commercial use, provided you keep
intact all and any copyright and proprietary notices. You may not otherwise
reproduce, modify copy or distribute or use for commercial purposes any of the
materials or content on the Website.
14.
Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in
these Terms: affect or limit your rights as a consumer under English law; or
will exclude or limit our liability for death or personal injury resulting from
our negligence. The Website is provided on an 'as is' and 'as available' basis
without
any representation or endorsement made and we make no warranties, whether
express or implied, in relation to it and its use. You acknowledge that we
cannot guarantee and cannot be responsible for the security or privacy of the
Website and any information provided by you. You must bear the risk associated
with the use of the Internet.
Whilst we will try to ensure that material included on the
Website is correct, reputable and of high quality, we cannot accept
responsibility if this is not the case. We will not be responsible for any
errors or omissions or for the results obtained from the use of such
information or for any technical problems you may experience with the Website.
If we are informed of any inaccuracies in the material on the Website we will
attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection
with the following:
Incompatibility of the Website with any of your equipment,
software or telecommunications links; Technical problems including errors or
interruptions of the Website; unsuitability, unreliability or inaccuracy of the
Website; and failure of the Website to meet your requirements. To the full
extent allowed by applicable law, you agree that we will not be liable to you
or any third party for any consequential or incidental damages (both of which
terms includes, without Limitation, pure economic loss, loss of profits, loss
of business, loss of anticipated savings, wasted expenditure, loss of privacy
and loss of data) or any other indirect, special or punitive damages whatsoever
that arise out of or are related to the Website.
15.
Severance
If any part of the Terms shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability of any
remaining provisions of the Terms.
16.
Waiver No waiver
By us shall be construed as a waiver of any proceeding or
succeeding breach of any provision.
17.
Entire Agreement
These Terms form the entire basis of any agreement reached
between you and us.
18.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance
with the laws of England and Wales and any disputes will be decided only by the
English courts.
19.
All Competitions
We reserve the right to amend these Terms without notice
from time to time. These rules will be deemed incorporated into each competition
except to the extent that any specific instruction in a competition provides
otherwise. By entering the competition entrants will be deemed to have read and
understood these Terms and be bound by them. All of our decisions will be final
and binding and no correspondence will be entered into. Any person who is an
employee or an immediate family member of an employee of any Mama Mio US Inc
company or any other person who is directly connected with the organisation of
any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding
Northern Ireland).
All entrants are to be aged 18 or over unless any other age
restriction is specified or implied. Entrants should, if under than 18, obtain
permission in advance from their parent or guardian.
All entries must be received by the closing date specified
in the competition.
Answers will be entered upon submission. No responsibility
will be taken for any answers that are misdirected, lost for technical or other
reasons or received after the closing date.
We reserve the absolute right to disqualify without notice
any entries to any competition which we consider have used improper technical
means to enter and/or we believe is fraudulent. Entrants are liable for their
costs to access computer networks. We will not be liable for or accept any
responsibility for: (i) any failure by the winner or any entrant to comply with
these terms and conditions; (ii) any disruption, delay or misdirection of
entries; or (iii) any server, system or network failures, malfunctioning or
inaccessibility.
We shall be the promoter of all competitions subject to these terms and
conditions unless stated otherwise. Prizes if for any reason an advertised
prize is unavailable we reserve the right at our absolute discretion to
substitute a similar prize of equivalent or greater value. Only one prize will
be awarded per household. There will be no cash or other alternative to the
prize
offered and prizes are not transferable. Notification the winner's name will be
selected in a random draw, after the closing date, from all correct answers
received. The winner of a prize will be notified within 28 days after the
winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the a competition is unable to take up a prize for any
reason or if the winner cannot be notified after reasonable efforts having been
made then we may dispose of the prize as we think fit without any liability to
the winner for having done so.
For each competition, only one prize will be awarded per entrant / email
address. Names of winners will be available on request. The names of the
winners may be published on our Website and/or on our Facebook, Twitter or any
other social media platform.
Claiming Prizes
Prizes Involving Travel: (a) Travel arrangements are the responsibility of
prize winners unless otherwise stated; (b) we reserve the right to require
written permission from the parent or guardian of any winner who is under the
age of 16 and to require such a winner to choose as a companion someone 18 or
over.
Competition
Prizes/tickets may be restricted to certain times of the year
and unless otherwise
stated all prizes must be taken within six months of the date of the
competition draw.
Where prizes are to be provided by a third party then the winner will be
required to complete all appropriate or applicable booking or other formalities
direct with such providers. We will have no responsibility for the
acts/defaults of any other persons or companies.
20.
Reviews
If you submit a review, you grant us a non-exclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce,
modify,
adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media.
You grant Mama Mio US Inc and its sub-licensees the right to use the
name that you submit in connection with such content, if they choose. You agree
to waive your right to be identified as the author of such content and your
right
to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above
rights granted by you to Mama Mio US Inc Limited, including the execution of deeds
and documents, at the request of Mama Mio US Inc.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that, as at the date that
the content or
material is submitted to Mama Mio US Inc:
1. The content and material is accurate;
2. Use of the content and material you supply does not breach
any applicable
Mama Mio US Inc Limited guidelines and will not cause injury to any person or
entity (including that the content or material is not defamatory). You agree to
indemnify Mama Mio US Inc for all claims brought by a third party against
Mama Mio US Inc arising out of or in connection with a breach of any of
these warranties.
Winners of the review competition will be notified by email.
Failure to
respond to our notification email
within 20 days will result in the prize being forfeited.
21.
Gift Vouchers and Credit
The Pop In A Box Gift Voucher can be used to buy any item sold by www.popinabox.ca.
Our normal terms and conditions, together with the terms and conditions below,
apply to the purchase of your gift voucher. You can email it to family and
friends, or print it out to give to them personally. It is the perfect way to
give a gift when you don’t know what to buy!
is a Pop In A Box Gift Voucher?
Gift Voucher is available in £10, £25, £50, £75 and £100 denominations and
enables
you to give a gift when you don’t know what to buy. Gift Vouchers are issued
via email using an electronic voucher code which can then be redeemed in the
Checkout to buy any product on www.popinabox.ca.
How do I order a Gift Voucher?
- You can add the gift voucher to
your shopping basket like any other product by selecting the ‘Add to Basket’
button found on the ‘Buy Now’ tab. Then continue to checkout to complete your
order. If you want to purchase more than one Gift Voucher you can increase the
item quantity on the basket page or go back to the relevant Gift Voucher
product page and add more items to your basket. You can also buy other products
at the same time as placing your order for Gift Voucher(s). Gift Vouchers are
valued and issued in GBP Pounds.
Discount codes cannot be used when purchasing a Gift Voucher.
How will I receive a Gift Voucher?
– Once your order has been processed
and we have taken payment, you will be emailed the electronic Gift Voucher code
to the email address where your order confirmation email is also sent. You will
not receive anything in the post for Gift Vouchers that you order.
How do I give the Gift Voucher to the recipient?
- Once you have received the
electronic Gift Voucher code you can then forward on this email to the gift
recipient, or you can print out the voucher and give it to them. Gift Vouchers
are valid for 12
Month’s from the date of purchase. I am the recipient of a Gift
Voucher.
How do I redeem it? - Gift Vouchers can be used to purchase any product on
www.popinabox.ca. Select the item(s) you wish to order and add them to your
basket. To apply your Gift Voucher, enter the electronic voucher code you
received in the ‘Discount Code’ box and click the ‘Add’
button. This will then apply the voucher to your order. Then proceed to the
Checkout
as normal.
What are the restrictions?
- You can only use one voucher per
order and no change will be issued if the full value of the voucher is not used
in the order. Gift Vouchers are valid for 12 months from the date of purchase
so make sure you remember to redeem your Gift Voucher in time. Gift Vouchers
are valued and issued in GBP Pounds. You cannot use your Gift Voucher in
conjunction with any other discount code.
I have paid for an order using a Gift Voucher. What happens if I want to
return my order?
- For orders which are refunded, the
refund will be issued via the same payment method as used to pay for the order.
Therefore if you have paid, or part-paid, for an order using a Pop In A Box Gift
Voucher any refund will be issued in Gift Vouchers to the same value.
I have lost a Gift Voucher. What do I do?
- If you are the recipient of a Pop In A Box.
Gift Voucher please ask the purchaser if they still have details of your
Voucher Code. We can only reissue gift vouchers which have
not been redeemed. For the avoidance of doubt, the original gift voucher will
be void if we issue a replacement. The original expiry date will still apply.
Risk and Loss
- The risk of loss and title for a Gift Voucher shall pass to the purchaser
upon our electronic transmission of the Gift Voucher to the purchaser or
designated recipient, whichever is applicable. We are not responsible if any
Gift Voucher is lost, stolen, destroyed or used without your permission.
Fraud
- We will have the right to close customer accounts and take payment from
alternative
forms of payment if a fraudulently obtained Gift Voucher is redeemed and/or
used to make purchases on www.popinabox.ca.
Can I return my Gift Voucher?
- Gift Vouchers cannot be returned or
refunded, except in accordance with your statutory rights. The
value of the gift
voucher cannot be converted back to cash.
Credit
Any credit will be valid for 6 months from the date of issue and will expire on the 6 month anniversary of the date of issue.
22.
Multibuy Offers
This offer applies only to qualifying items listed in the Multibuy area of
this Website. Where any goods are returned (except for an exchange where
products are faulty/defective), we are entitled to either require the return of
all goods delivered as part of that Multi-buy offer at your cost or charge you
for the goods retained by you at the full price quoted on this site.
Credit
Any credit will be valid for 12 months from the date of issue and will expire on the anniversary of the date of the issue.
23.
Gift With Products Promotions
23.1
Where we are offering a free gift with a product, we shall only provide one free
gift per transaction (irrespective of how many products are purchased). The
free gift is subject to availability and we reserve the right to change the free
gift for a gift of equivalent value.
23.2
In order for us to facilitate theprovision of a free gift, it may be
necessary for us to include the free gift
on our site at a nominal value. For the avoidance of doubt, you are not
entitled to 'purchase' the free gift without purchasing the product it is
provided free with and any attempt to 'purchase' the free gift will be
cancelled (notwithstanding any automated communication you may receive
acknowledging your order). In the unlikely event that the free gift is
despatched to you, you shall be obliged to return the free gift upon written
request.
24.
Waste Electrical or Electronic Equipment
Regulations
We are pleased to offer all of our customers buying
new electrical items the chance to recycle qualifying old electrical items for
free
25.
Auto Renewal - Following your initial subscription period of one month, your Pop In A Box subscription will be automatically renewed for every month. You may opt out of the automatic renewal before the 22nd day of your expiration month. Any subscription cancelled before the subscription expiration is not eligible for a refund.
