Terms and Conditions
Our terms and conditions of sale
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. 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.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business including an individual or partnership acting in the course of business, or a consumer. You are a consumer if:
· You are an individual; and
· You are buying products from us wholly or mainly for your personal use (not for resale, use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. No implied terms shall apply. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Poundland Limited a company registered in England and Wales. Our company registration number is 02495645 and our registered office is at Poundland Csc, Midland Road, Walsall, West Midlands, WS1 3TX. Our registered VAT number is 547512245.
2.2 How to contact us. You can contact us by telephoning our dedicated customer services team on 0333 234 1877,by writing to us at firstname.lastname@example.org or visiting the contact us page on our website.
2.3 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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we dispatch your order, at which point a contract will come into existence between you and us. Prior to the dispatch of your processed order, you will receive a confirmation email from us - this email does not form a binding contract.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or products ordered. 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we process your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Restricted Locations. For a limited period (and with the exception of Poundland colleagues’ orders), we are only able to deliver to restricted geographical locations in England, that being exclusively those addresses with the prefix postcodes of “B” and “WS”. During this time, our website is solely for the promotion and sale of our products in those areas to the general public. Any orders made by customers living outside of these postcodes and/or attempted for delivery outside of these postcodes will be rejected by the order system (or where accepted in error, may be subsequently cancelled). The postcode restriction contained in this clause 3.4 shall not apply to our Poundland colleagues.
4. Our products
4.1 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.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website and is particularly relevant when promotional packs are being sold. This will not materially affect the contents.
5. Your rights to make changes
If you wish to make a change to a product you have ordered then 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.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments or improvements, for example to improve the safety of product packaging. Such changes will not materially affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you by publication on our website, or by email to you. We may also from time to time be required to suspend availability for operational reasons, such as a product recall.
6.3 If you are unhappy with the changes referred to in clause 6.2 then you may contact us to end the contract before the changes take effect and where applicable, cancel any order, and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be fixed per delivery or as otherwise displayed to you on our website.
7.2 When we will provide the products. We will deliver the goods to you as soon as reasonably possible in accordance with our delivery estimates provided from time to time. We will in any event deliver product within 30 days after the day on which we accept your order or advise you that the product is no longer available and offer a suitable alternative, or refund.
7.3 We are not responsible for delays outside our control. 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.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery or the products cannot be posted or left in a safe place, our chosen courier, Hermes Parcelnet Limited (“Hermes”) will where possible, leave you a Hermes branded card informing you of the attempted delivery and how (where available) to rearrange delivery. Hermes will make three attempts before the order is deemed as undeliverable. After three failed delivery attempts your order will be returned to us.
7.5 If you do not accept delivery or re-arrange delivery.We will as soon as possible after becoming aware contact you to advise you of further options and/or seek further delivery instructions from you. We may charge you for any secondary attempt at delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery then we may end the contract.
7.6 When you become responsible for the goods. Where you are a consumer a product which is goods will be your responsibility from the time we deliver the product to the address that you provided to us.Where you are a business, the risk in the products passes to you before delivery.
7.7 When you own goods. You will only own a product once we have received payment in full, for all products ordered by you and delivered by us.
7.8 Reasons we may suspend the supply of products. We will endeavour to maintain a consistent service however we may from time to time have to suspend the supply of a product for various reasons (including but not limited to) to:
(a) deal with technical or organisational problems or make any technical or organisational changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
8. Your rights to end the contract
8.1 When You can end your contract with us.Your rights when you may end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a right to end the contract (or to have the affected product repaired or replaced or to have any service re-performed or to get some or all of your money back).Please see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2 below; or
(c) If you are a consumer and have just changed your mind about the product, (please see clause 8.3 for details). You may be able to get a refund if you are within the cooling-off period, but this may be subject to certain deductions and you will have to pay the costs of return of any goods;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside of our control;
(d) we have suspended supply of the products for technical or organisational reasons, or notify you we are going to suspend them for technical or organisational reasons, in each case for a period of more than 30 days; or
(e) you have a right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by Poundland Limited to its UK consumer customers, which is more generous than your rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12.1):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
28 day period to change your mind provided that products remain in an unused and resaleable good condition in their original packaging and/or with all products labels intact. We will pay the costs of return where agreed in advance in accordance with these terms.
Consumer to pay costs of return.
We will pay the costs of return where agreed in advance in accordance with these terms.
8.5 When consumers do not have a right to change their minds.Your right as a consumer to change your mind does not apply in respect of:
(a) opened food and beverage products or any opened liquids;
(b) all perishable products such as fresh foods, live plants, flowers, chilled or frozen items and other items liable to deteriorate or a best before date shall expire before they are returned to us;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them including but not limited to underwear and swimwear;
(d) pierced jewellery items or other similar items used in respect of body piercings;
(e) sealed audio such as CDs or sealed video recordings such as DVDs or sealed computer software both licence codes products and physical products such as CD-ROMs, once these products are unsealed after you receive them;
(f) downloadable products or services which are deemed used as soon as the contents are opened;
(g) any products which become mixed inseparably with other items after their delivery;
(h) any products of a pharmaceutical nature in any respect when any packaging is damaged or seal is broken.
8.6 How long do consumers have to change their minds?You have 28 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 28 days after the day you (or someone you nominate) receives the last delivery.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call our customer services on 0333 234 1877 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number, email address and order number(s).
(b) By post. Utilise the template cancellation form shown at the foot of these terms and conditions and post a completed copy of it to us at Poundland Csc, Midland Road, Walsall, West Midlands WS1 3TX. You are not obligated to use that form and instead may simply write to us at that address, including details of what you bought, when you ordered or received it, your name, address and order number(s).
(c) Online. Using the contact us page on our website and providing all of the relevant details as requested in 9.1(a) above.
9.2 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 one of Poundland’s stores, or post them back to us at Poundland Cannock OFC, 5 Market Place, Cannock Staffordshire WS11 1BS. Please call customer services on 0333 234 1877 or email us at firstname.lastname@example.org to register your return. If you are a consumer exercising your right to change your mind you must send off the goods within 28 days of telling us that you wish to end the contract. Please note that all Poundland colleagues’ returns are required to be returned to the Poundland Cannock OFC only, and cannot be returned to stores.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) 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 right to do so as a result of something we have done wrong.
Subject to clause 8.4, in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you.If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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 permitted in a shop. Please see our Returns Policy for further information. 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.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that we offer from time to time. For example, if we offer standard delivery at one cost but you choose to have the product delivered using an express service at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.
(c) 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.
9.6 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:
(a) If the products are 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 products back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 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:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) 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, an address or proof of age; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer services’ team by telephone on 0333 234 1877 or by email email@example.com or write to us at Poundland Csc, Midland Road, Walsall, West Midlands WS1 3TX. Alternatively, please speak to one of our managers in-store.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the detail below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
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 either the Citizens Advice website www.adviceguide.org.uk or call Citizens Advice on 0345 404 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
12.2 Your obligation to return rejected products. If you wish to exercise your right to reject products you must (except for Poundland colleague returns, which must be sent to the Poundland Cannock OFC) post them back to us or return them in person to one of Poundland’s stores nationwide (including for any product that is not suitable for posting). In such circumstances we will pay the costs of postage. Please call customer services on 0333 234 1877 or email us at firstname.lastname@example.org register your return.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, and for a period of 6 months from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing during the warranty period that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at your cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product less any reasonable amount for degradation of the product owing to use, inadequate storage or return.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any request or specification supplied by the Customer;
(d) the defect arises through damage in the delivery process to you;
(e) you alter or repair the product without our written consent; or
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 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.
14.2 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.
14.3 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, except in the case of manifest error, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, 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.
14.4 When you must pay and how you must pay. We accept payment by all major credit and debit cards as shown on our website.You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).We retain a right of set-off at all times.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
15.2 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 statutory rights in relation to the products as summarised at clause 12.1; and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss including where such losses are foreseen, arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for products under such contract.
17. How we may use your personal information
17.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Notice.
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance.
18.3 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.
18.4 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.
18.5 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.
18.6 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 or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts, but such dispute will be governed by English law.
18.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to RetailADR via its website at www.retailadr.org.uk. RetailADR will not charge you for making a complaint but they will expect you to have dealt with us first and exhausted our internal procedures.If you are not satisfied with the outcome of a matter referred to RetailADR then you may still bring legal proceedings.
18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Model Cancellation Form for Consumer Customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Poundland Limited
Online Retail Division
Telephone: 0333 234 1877
I/We* [insert name(s)] hereby give notice that I/We* cancel my/our* contract of sale of the following products*/for the supply of the following service*,
Ordered on [insert date of Order] and received on [insert date of Delivery],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
*Delete as appropriate