Terms & Conditions
www.popmoji.com is registred company of Popmoji Inc.
420 E German St, Herkimer, NY 13350, United States
Any reference in these terms and conditions to “we” or “us” refers to Popmoji Limited.
Introduction
You will be able to access most areas of this website without registering your details with us. Certain areas of this Website are only open to you if you register.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
Basically,
By using popmoji you agree to all the terms below.
Ordering From Us:
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
We may refuse to accept an order:
(a) Where the goods are not available.
(b) Where we cannot obtain authorisation for your payment.
(c) If there has been a pricing or product description error.
(d) If you do not meet any eligibility criteria set out in our terms and conditions.
(e) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(f) If we believe your order is for commercial or other non-domestic concerns.
We cannot sell alcoholic products to anyone under 21. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 21 years or over.
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We provide an online store from which you can place orders with us via the website and although it would be very, very unlikely we may with reason refuse to accept your order.
Pricing
All prices include TAX (where applicable) at the current rates.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
From time to time we will review our pricing structure.
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All prices on site include tax, in addition to this orders may be subject to postage costs.
Delivery
We will deliver the products ordered by you to the address which you provided when you placed your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
We use a number of delivery services and some of them are untracked, If having tracked your order and the tracking clearly states that it has been delivered we may require you to complete a Denial of Receipt "Claims" form - this will allow us to launch a full investigation with the courier. Once the investigation is completed we will arrange either a replacement to be produced or issue a full refund.
If your item has been dispatched on DHL eccommerce and you have not received your order within 15 working days from the date of dispatch, before we can move forward with a resolution it is important that you check with your local sorting office to see if they have a parcel held for you - just make sure you take one form of ID to confirm your identity (even if you have not received a calling card notification from your postman).
Dispatch times are product dependent, when placing your order we display on the product page an estimated dispatch date - these dates included are to be used as an indicator - actual timescales may differ due to events and conditions outside the control of popmoji.
Whilst we make every effort to deliver goods as quickly as possible, we cannot guarantee delivery on a specific date. We cannot accept liability for deliveries made outside of this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries as ultimately this element of the service is provided not by Popmoji Inc but our courier partners.
Some postal addresses may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
If you do not receive products ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at care@popmoji.com, you must contact us within 28 days of the order date to avoid any further disappointment.
In the event that we reproduce an item for you and subsequently the original is returned as undelivered by any courier, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
We reserve the right to request customer wait up to 15 working days from the date of dispatch before replacing any undelivered item. Once again this is because we do not provide the delivery service therefore the responsibility of the order transfers to the courier or supply partner transporting your item.
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We will deliver your order to the delivery address as you specify. Dispatch and delivery times are product dependent, because of this sometimes orders may be dispatched separately and on different delivery propositions. If your order has not arrived 15 working days after dispatch, pending an investigation you may be entitled to a replacement or refund.
Order Cancellations
You have the legal right to cancel your order within 14 working days of it being received, however this excludes any order that contains a personalised or a perishable good item - this is due to our automated production processes and hygeine safety reasons.
Your right to cancel can be exercised by emailing (care@toxicfox.co.uk)
Your right to return goods to us will not apply in the following circumstances:
A) For the supply of goods made to the consumer's specifications ie personalised.
B) For the supply of newspapers, periodicals or magazines.
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1) Unfortunately, you cannot cancel your order if it contains a personalised product
2) Making an amendment to a personalised order that has been placed with ourselves is not possible, this is due to our automated print processes which are designed to have your order handled by the production team as quickly as possible.
3) Please be extremely careful when placing your order!
Returns & Exchanges
Your rights to return the goods to us will not apply in the following circumstances:
(a) Any products that we have made especially for you - ie personalised or customised (including all clothing items as these are made to order).
(b) Where, in our opinion, you have not taken reasonable care of goods whilst in your possession.
(c) If you have made a spelling mistake on your order and it has been sent for production.
(d) If you have not selected the correct size.
(e) Goods that by their nature can’t be returned for hygiene reasons, for example: Underwear, Cosmetic Enhancers, Jewellery and Food/Drink.
(f) No goods are sold to the customer on a sale or return basis. The customer has no right to reject or return the goods without the consent of ToxicFox. If you return an item to ToxicFox without our consent it is still your responsibility.
(g) There can be tolerances within all handmade items, this is due to the hand crafted nature of the products we make available for you. Please allow up to 5cms for all fashion items and the personalised beach towels.
If you return an item because of an error on our part, or because it is defective, we will happily provide either a replacement and/or refund the full value of the item and your costs in returning it to us.
The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
We regret that postage and packing costs for unwanted items cannot be refunded after 7 working days from when the order was delivered.
Please Note:
1) You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the sales of goods contract.
2) The parcel can take up to 7 working days to be returned to our warehouse, unless sent via special delivery.
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You are not entitled to return or exchange an item if the item is personalised or a perishable good.
Discounts
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. We will not honour any discount codes if they have not been applied before your order has been placed and confirmed.
The returns policy does not affect your statutory rights, The address for returns can be found on your item's shipping label or noted above within the terms and conditions.
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- From time to time there may be discount codes available, it is important that you use them!
- Only one voucher code can be used per transaction.
Licence
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 without written permission from us.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the Company.
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All content on our website is our property provided to you for personal use only. Please respect our licenses, trademarks and brands.
Service Access
Access to and use of the Website shall be provided by us in accordance with the Terms.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
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The website should never be unavailable but if for whatever reason something goes wrong, we’ll work day and night to rectify any issues.
Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
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Please be respectful when using the site and be aware that any information (outside of our Privacy Policy) you do share with us may be made available within the public domain.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) - you do not remove, distort or otherwise alter the size or appearance of www.popmoji.com
(b) - you do not create a frame or any other browser or border environment around this Website
(c) - you do not in any way imply that we are endorsing any products or services other than our own
(d) - you do not misrepresent your relationship with us nor present any other false information about us
(e) - you do not otherwise use any trademarks displayed on this Website without our express written permission
(f) - you do not link from a website that is not owned by you and
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause.
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Feel free to link to us but please do so in good faith and do not try to recreate, replicate or change anything.
Registration
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
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We recommend registering with us (It’s worth doing so!) but please don’t share your account details with anyone else.
Social Media
The Company uses Social Media websites including but not limited to Facebook, Twitter, Tumblr, Pinterest, YouTube and Google+ to communicate with potential and actual customers, visitors and fans of Popmoji.com The Company works hard to ensure that each Social Media Website is regularly maintained and that all content included on any social profile is of a suitable nature. Where any content is published is deemed to be unsuitable, the Company will endeavour to remove this content immediately however the Company cannot be held responsible or liable for any inappropriate content published.
The Company encourages staff members to interact with potential and actual customers, visitors and fans via social media and provides a selection of Gift Hero Twitter profiles to achieve this. Whilst the Twitter accounts remain the property of Popmoji Inc, the views and opinions expressed by staff members through these profiles are not. In addition, retweets, mentions, favourites, likes, quotes and follows are not endorsements by Popmoji Inc.
Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
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The website is provided ‘as is’. We work hard to keep the website constantly updated but from time to time things can become outdated – in these circumstances, we are not responsible.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
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We are not liable, however if our server falls through your roof then we’ll buy you a new one!
Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
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As a company we choose not to offer 3rd party advertising on site but if we ever did the content would be the responsibility of the advertiser.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
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We only enforce terms and conditions which we believe are fair and provide equal protection to you our customer and us, Popmoji Inc. We want you to have a fantastic shopping experience however we are only human and sometimes things will go wrong. We will always endeavour to correct any issues and these terms and conditions provide the framework for us to be able to swiftly resolve any issues you may experience. Thank you.