Terms & Conditions

 

TERMS AND CONDITIONS
 
 
1. INTRODUCTION
 
1.1. This document (together with any documents referred to in it) tells you the terms and conditions
upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our
cancellations and returns policy at clause 12 and limitation of our liability and your
indemnity at clause 16
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these
Conditions. You will be unable to proceed with your purchase if you do not accept these terms and
conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any
time without notice to you. Your continued use of the Website (or any part thereof) following a
change shall be deemed to be your acceptance of such change. It is your responsibility to check
regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Poppy Hana Restaurant Ltd ('we'/'us'/'our'), a limited
company (trading as Poppy Hana), registered in England and Wales under company number:
08258706 having our registered office at 168 JAMAICA ROAD LONDON ENGLAND SE16 4RT .
3. COMMUNICATIONS
3.1. You agree that email and other electronic communications can be used as a long-distance means
of communication and acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal requirement that such
communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and
Northern Ireland (the United Kingdom).
5. REGISTRATION
5.1. When registering on the Website you must choose a username and password. You are
responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and
purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to
your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to
register with and purchase the Goods from this Website in conjunction with and under
their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either
directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you
(including updated information) to obtain information from third parties about you, including, but
not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and
to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with
sufficient information to enable us to determine the accuracy and validity of any
information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been
involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts
with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision
of, a parent or guardian. If you do not qualify, you must not use our Website.
7. PRICE
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery
costs. The delivery costs will be added to the total amount due from you at their current rate.
Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our
obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due
to any factor beyond our control (such as without limitation, any foreign exchange fluctuation,
significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely
event of this occurring, you shall be entitled to cancel the order at any time before delivery.
8. PAYMENT
8.1. Payment can be made by debit card only.
8.2. By placing an order, you consent to payment being charged to your debit card account or
electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining
authorisation from your card issuer to ensure you have adequate funds and for security reasons.
This may involve validating your name, address and other personal information supplied by you
during the order process against appropriate third party databases including the card issuer,
registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods
are correct and that the payment card you are using is your own and that there are
sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic
use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during
the order process (included any updated information) for the purpose of obtaining
authorisation from your card issuer to ensure you have adequate funds, to authenticate
your identity, to validate your payment card and for other security reasons, such as
fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. 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 held liable
for any loss you may suffer if a third party procures unauthorised access to any data you provide
when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you
will be notified by email and you will have the option either to wait until the item is available or to
cancel your order. It is your responsibility to provide us with a valid email address so that we can
contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers
received from you are subject to acceptance by us and we reserve the right to refuse any order
placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order
process and we will not accept an order unless all details requested from you have been entered
correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall
not amount to our acceptance of your offer to purchase the Goods ordered by you from the
Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist
after we have debited your payment card and have confirmed that we have dispatched the Goods
or made them available to be downloaded. We will send you an email to confirm this (a
'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy
the Goods from us. The Contract will only be formed when we send you the Confirmation Notice
(whether or not you receive it).
9.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such
as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum
Duration'). The length of the Minimum Duration will depend on which package or product you have
selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged
to supply any other Goods which may have been part of your order until we have sent you a
separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should
print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order
the Goods from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or
governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the
Confirmation Notice, in which case, we are entitled to assume that you have accepted it,
unless we receive written notification from you to the contrary within seven working days
of receipt of the Confirmation Notice
10.DELIVERY
10.1. The Goods will be delivered to you at the address you provided during the order process which
may be an address other than the billing address, but please note that extra documentation may
be needed to comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are
asked for your signature on delivery, you must examine the Goods before signing for it.
10.3. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will
take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there
are exceptional circumstances.
10.4. We shall not be liable for any delay in delivering the Goods, however caused.
10.5. The Goods may be sent to you in instalments.
10.6. For Christmas deliveries, we recommend that you check our Website for the last date of delivery.
We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot
guarantee delivery by 24th December.
11.RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in
respect of them including the cost of delivery.
12.CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before receiving a Confirmation Notice
12.1.1. You may cancel your order for the Goods at any time prior to receiving a Confirmation
Notice from us so long as you contact us in writing. You can send us a cancellation
notice by sending an email to info@poppyhana.co.uk or a letter to 168 JAMAICA ROAD
LONDON ENGLAND SE16 4RT . Your cancellation notice must quote your name,
address, the name or a description of the Goods and your order reference number.
12.2. Cancellation after receiving a Confirmation Notice
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods so long
as you provide us with written notice or, if you have received the Goods, so long as you
provide us with written notice at anytime within 7 working days starting from the day
after you received the Goods. You can send your cancellation notice by email to
info@poppyhana.co.uk or a letter to 168 JAMAICA ROAD LONDON ENGLAND SE16
4RT . Your cancellation notice must quote your name, address, the name or a
description of the Goods and your order reference number.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details of
where you must return the Goods and other relevant instructions. You must then
immediately return the Goods to us at your own cost and risk. We reserve the right, at
our option, to collect the Goods from you. If we wish to collect the Goods we will notify
you of when they will be collected by us. We will charge you for the cost of collecting the
Goods and will deduct this from any sum owed by us to you.
12.2.3. The Goods must be returned to us in the same condition in which you received them
until such time as the Goods are either collected by us or delivered back to us by you.
You must return the Goods with its original packaging and the original invoice. You have
a legal obligation to take reasonable care of the Goods whilst they are in your
possession. If you fail to comply with this obligation, we may have a right of action
against you for compensation.
12.3. Exception to the right to cancel
You will not have a right to cancel an order for goods purchased from us, in the following situations:
12.3.1. If you expressly agree to us beginning to provide any services before the end of the
cancellation period.
12.3.2. The Contract is for goods which are bespoke or have been personalised or which may
deteriorate (such as food)
12.3.3. The Contract is for goods and/or services the price of which is dependent on
fluctuations in the financial market which cannot be controlled by us
12.3.4. The Contract is for the sale of land or financial services
12.3.5. The Contract is for the sale of goods by auction
12.3.6. The Contract is for the supply of:
12.3.6.1. Audio or video recordings and computer software if unsealed by you
12.3.6.2. Audio or video recordings and software and other items that you have
successfully downloaded where a free trial or demonstration was available
to you to view or download
12.3.6.3. Newspapers, magazines and other periodicals
12.3.6.4. Gaming, betting and lottery services
12.4. Damaged, faulty or wrongly delivered goods
12.4.1. We will offer you a refund of the full purchase price, including the cost of delivery for
sending the goods to you, and the cost of returning the Goods to us, provided that you
return the Goods to us and the conditions set out in paragraph 12.5.2. are met. We
must also be reasonably satisfied that:
12.4.1.1. the Goods have not suffered damage after delivery;
12.4.1.2. the Goods have not been misused or used other than in accordance with
the instructions; and
12.4.1.3. the problem is not due to normal wear and tear.
12.4.2. In addition to the requirements of paragraph 12.5.1, the Goods in terms of which you
are claiming a refund must have:
12.4.2.1. been damaged on delivery;
12.4.2.2. been delivered in a faulty condition;
12.4.2.3. have been delivered to you in error.
12.4.3. Alternatively, at your option, instead of a refund (and subject to returning the Goods as
required under this clause) we will replace the Goods with the same or a similar product
(subject to stock availability).
12.4.4. Sometimes the product specifications from the manufacturer may change, in which
case, if you request a replacement, we will do our best to offer you a substitute of the
same or better quality at the same price. If you are not happy with the replacement, you
can return the Goods to us.
12.4.5. In order to claim a refund or replacement item please send us a cancellation notice as
soon as you become aware of a problem and no later than Notifcation of
damaged,wrong goods and substitution working days after receipt or the fault
developing by email to info@poppyhana.co.uk or a letter to 168 JAMAICA ROAD
LONDON ENGLAND SE16 4RT . Your cancellation notice must quote your name,
address, the name or a description of the Goods, a brief description of the problem, fault
or damage and your order reference number.
12.4.6. Upon receiving your cancellation notice, we will contact you and provide details of
where you must return the Goods and other relevant instructions. You must then
immediately return the Goods to us. We reserve the right, at our option, to collect the
Goods from you. If we wish to collect the Goods we will notify you of when they will be
collected by us.
12.5. Incorrectly priced or described Goods
12.5.1. Whilst we try and ensure that all the information on our Website is accurate, errors may
occur. In the unlikely event that the price and/or description of an item listed on the
Website has been incorrectly advertised, we will not be under any obligation to sell or
provide those Goods to you.
12.5.2. If we discover the error before sending you a Confirmation Notice we will at our
discretion, either reject your order and notify you of such rejection, or inform you as
soon as possible and give you the option of cancelling your order or reconfirming it at
the correct price and/or description. If we give you the option of cancelling your order or
reconfirming it at the correct price and/or description but either cannot contact you or do
not receive your response within 14 days of sending you notification (whether or not you
receive it), we will reject your order.
12.5.3. If we discover the error after sending you a Confirmation Notice we may, at our
discretion and without incurring any liability to you, cancel the Contract provided that the
error is, in our reasonable opinion, obvious and unmistakable and could have
reasonably been recognised by you. We will notify if we cancel the Contract.
12.5.4. If your order is cancelled or rejected and you have already paid for the Goods, you will
receive a full refund in accordance with clause 12.7
12.6. Delivery by instalments
12.6.1. The Goods may be sent to you in instalments. You may cancel the outstanding part of
your order and receive a refund, if you have already paid, of the purchase price of the
outstanding Goods in accordance with clause 12.7
12.7. Processing refunds
12.7.1. We will examine any returned Goods and will notify you about your refund or
replacement item via email within a reasonable period of time. We will usually process a
refund or delivery of a replacement item as soon as possible and, in any case, within 30
days of the day we confirmed to you via email that you are entitled to it. Refunds will be
made by crediting the payment card or electronic payment account you used to
purchase the Goods.
12.7.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost
of returning or collecting the Goods in the event that the Goods are found to have
suffered damage after delivery or have been misused or used other than in accordance
with the instructions or if the problem is due to normal wear and tear or if the Goods
have not been returned with its original packaging. This does not affect your statutory
rights.
13.COMPLAINTS
13.1. If you have a comment, concern or complaint about any Goods you have purchased from us,
please contact us via email at info@poppyhana.co.uk or by post at 168 JAMAICA ROAD
LONDON ENGLAND SE16 4RT .
14.INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade marks,
patent, database and other intellectual property rights and similar proprietary rights which include,
(without limitation), all rights in materials, works, techniques, computer programs, source codes,
data, technical information, trading business brand names, goodwill, service marks utility models,
semi-conductor topography rights, the style or presentation of the goods or services, creations,
inventions or improvements upon or additions to an invention, confidential information, know-how
and any research effort relating to Poppy Hana Restaurant Ltd (trading as Poppy Hana), moral
rights and any similar rights in any country (whether registered or unregistered and including
applications for and the right to apply for them in any part of the world) and you acknowledge that
the intellectual property rights in the material and content supplied as part of the Website shall
remain with us or our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the Website
subject to the condition that the material may only be used for personal non-commercial purposes.
Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. 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.
14.4. You acknowledge that any other use of the material and content of this Website is strictly
prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy,
reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works
from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our
affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright, trade mark or other
intellectual property rights in favour of third parties. We acknowledge those rights.
15.WEBSITE USE
15.1. You are permitted to use the Website and the material contained in it only as expressly authorised
by us.
16.LIABILITY AND INDEMNITY
16.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory
rights; or will exclude or limit our liability for:
16.1.1. Death or personal injury resulting from our negligence
16.1.2. Fraud or fraudulent misrepresentation
16.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our
liability
16.2. The Website is provided on an 'as is' and 'as available' basis without any representation or
endorsement made and we make no warranties or guarantees, whether express or implied,
statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in
relation to the information, materials, content or services found or offered on the Website for any
particular purpose or any transaction that may be conducted on or through the Website including
but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance,
security, accuracy, condition or completeness, or any implied warranty arising from course of
dealing or usage or trade custom.
16.3. We will not be liable if the Website is unavailable at any time.
16.4. We make no representation or warranty of any kind express or implied statutory or otherwise
regarding the availability of the Website or that it will be timely or error-free, that defects will be
corrected, or that the Website or the server that makes it available are free of viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability of any kind for any loss or damage
resulting from action taken in reliance on material or information contained on the Website.
16.6. 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. In
particular, we will not be liable for any damage or loss caused by a distributed denial-of-service
attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other
material which is malicious or technologically harmful that may infect your computer, peripheral
computer equipment, computer programs, data or other proprietary material as a result of your
use of the Website or you downloading any material posted or sold on the Website or from any
website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of
time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from
any delays in doing so.
16.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of
pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.8.1. any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings and any other consequential loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection
with the provision of any matter under these Conditions and/or the Contract and/or the
use of this Website or any aspect related to your purchase of the Goods even if such
losses are foreseeable or result from a deliberate breach of these Conditions by us that
would entitle you to terminate the Contract between us or as a result of any action we
have taken in response to your breach of these Conditions. Without prejudice to the
terms of this clause and in the event that we are unable to rely upon it, our liability for all
and any losses you suffer as a result of us breaking the Contract, whether or not
deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the
purchase price of the Goods you purchased.
16.9. 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, including but not limited
to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including
reasonable administrative and legal costs, arising out of any breach of these Conditions 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 with your authority.
16.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual
cancellation rights.
17.REVIEWS
17.1. You acknowledge that any review, feedback or rating which you leave may be published by us on
the Website and you agree that it may be displayed for as long as we consider appropriate and
that the content may be syndicated to our other websites, publications or marketing materials.
17.2. You undertake that any review, feedback or rating that you write shall:
17.2.1. Comply with applicable law in the UK and the law in any country from which they are
posted
17.2.2. Be factually accurate
17.2.3. Contain genuinely held opinions (where applicable)
17.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive,
offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or
invade the privacy of, any person or be deceiving
17.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit
material or violence
17.2.6. Not infringe any trademark, copyright (including design rights), database right, or other
intellectual property rights of any other person or breach of any legal duty you owe to a
third party
17.2.7. Not be used to impersonate any person, or to misrepresent your identity
17.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties,
arising out of or in connection with any review, feedback or rating posted by you on the Website,
including, without limitation, the violation of their privacy, defamatory statements or infringement of
intellectual property rights.
17.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or
edit any reviews posted by you.
17.5. We reserve the right to publish, edit or remove any reviews without notifying you.
18.FORCE MAJEURE
18.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you
resulting from any act, events, omissions, failures or accidents that are outside of our control
('Force Majeure'), which, without limitation, include:
18.1.1. Strikes, lock-outs or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials
18.1.3. Late, defective performance or non-performance by suppliers
18.1.4. Private or public telecommunication, computer network failures or breakdown of
equipment
18.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
18.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
or extreme weather conditions.
18.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of
public or private transport.
18.1.8. Acts, decrees, legislation, regulations or restrictions of any government
18.1.9. Other causes, beyond our reasonable control
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