This page provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website 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 completely and make sure that you understand them before ordering any Products from us. 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 us.
We amend these Terms from time to time as set out in Clause 6 below. It is important that you check these Terms on each occasion that you wish to order Products to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18 November 2019.
1. Information about us
1.1 We operate the website www.popmyway.co.uk. We are Tiny Pie Limited (trading as Pop My Way) a company registered in England and Wales under company number 10232293 and with our registered office at 3rd Floor, 207 Regent Street, London W1B 3HH.
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 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact us via email at email@example.com. Please include your name and Order Number in any communication. Please be aware that your cancellation is effective from the date you send us the email.
(b) If you wish to contact us for any other reason, you can contact us by emailing us at firstname.lastname@example.org or via our website.
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects 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, please note that all sizes, weights, capacities, dimensions and measurements indicated on our site have a small tolerance, and garments may vary slightly from one another.
2.3 The packaging of the Products may vary from that shown on images on our site.
3. Use of our website
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. Consumer information
Please be aware that this Clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5. How the Contract is formed between you and us
5.1 Our website shopping page 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.
5.2 After you place an order, you will receive an email from us acknowledging that we have received your order, although this email does not mean that your order has been accepted.Our acceptance of your order will take place as described in Clause 5.3.
5.3 We will confirm our acceptance to you by sending you an email titled (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation email.
5.4 If we are presently unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in Clause 10.4 we will inform you of this by email 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 possible.
6. Our right to vary these terms
6.1 We amend these Terms from time to time, and we recommend that you look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 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.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements, as well as other operational requirements.
6.4 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 are then entitled to cancel either in respect of all the affected Products or just the Products you have yet to receive. If you decide to cancel, you will have to return (at your cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including (at our discretion) any delivery charges.
7. Your consumer right of return and refund
This Clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in Clause 7.3. 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.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email 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 below:
(a) Your Contract is for a single Product (which is not delivered in instalments on separate days) then the end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
(b) Your Contract is for either of the following:
(i) one Product which is delivered in instalments on separate days; or
(ii) multiple Products which are delivered on separate days then the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
7.3 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 the CONTACT US page on our website. Please include your name and Order Number in any communication. Your cancellation is effective from the date you send us the email.
7.4 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 goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. 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 amount appropriate to any loss and/or damage caused by your defective handling.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after 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. For information about how to return a Product to us, see Clause 7.7;
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this Clause 7 because they are faulty or mis- described, we will refund the price of the Products in full, together with any applicable delivery charges.
7.6 We will refund you via the method you paid us.
7.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us 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. Please email us at email@example.com for our returns address and information about our authorised carrier and how to arrange a return.
(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
7.8 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 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 16 for our responsibilities when this happens.
8.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 You own the Products once we have received payment in full, including all applicable delivery charges. Until this time, we retain the ownership of any and all Products. Please be aware that this Clause 8.4 only applies if you are a consumer.
8.4 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable and mutually acceptable. You can then cancel your Order if we do not meet the new agreed deadline.
8.5 If you do choose to cancel your Order for late delivery under Clause 8.4, 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, 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.
9. International delivery
9.1 If you order Products from our site for delivery to an International Delivery Destination (that is, delivery destination outside of the United Kingdom), please be advised that 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, nor will we be liable for any such import duties and/or taxes imposed by any authorities relating to the international delivery of the Products.
9.2 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.
9.3 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 any such law, and you agree to indemnify us in full for any fines, penalties, taxes, charges etc in the event that these are levied against us as a result of your non-compliance with any such local laws and/or regulations.
10. Price of products and delivery charges
10.1 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 10.4 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but any such changes will not affect any order you have already placed.
10.3 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 FAQ’s page.
10.4 Our site contains a large number of Products. It is always possible that, despite our best 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; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you via email as soon as 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may cancel supply of the Product and refund you any sums you have paid.
11. How to pay
11.1 You can pay for Products using a debit card, credit card, PayPal, Amazon Pay or Apple Pay. We accept the following cards: Visa, Mastercard, American Express.
11.2 Payment for the Products and all applicable delivery charges is in advance.
12. Our warranty for the Products
12.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Clause 12.2 below.
12.2 The warranty in Clause 12.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party or
(e) any specification provided by you.
12.3 If you are a consumer, this warranty 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.
13. Our liability if you are a consumer
This Clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. Events outside our control
14.1 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. An Event Outside Our Control is defined below in Clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will mean email.
15.2 If you are a consumer you may contact us as described in Clause 1.2.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in Clause 12 to the recipient of the gift without needing to ask our consent.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at Clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with
those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes arising out of or in connection with this Contract.
18 November 2019