Terms of Website Use
These Terms will apply to any contract between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
By using and placing orders on our site, you agree to be bound by these terms and conditions. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. ABOUT US
1.1 We operate the website www.poundland.co.uk. We are Poundland Ltd, a company registered in England and Wales under company number 2495645 and with our registered office at Wellmans Road, Willenhall, West Midlands, WV13 2QT. Our UK VAT number is 547-5122-45.
1.2 To contact us, please see our Contact Us page,
2. PRIVACY & YOUR PERSONAL INFORMATION
3. PLACING ORDERS
3.1 You may only purchase Products from our site if you are at least 18 years old.
3.2 You must ensure that the details you provided on registration or at any other time are correct and complete.
3.3 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These Products include:
(b) Alcohol related products
(c) Certain types of over the counter medicines
3.4 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
3.5 Any information that we are required to provide by the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 will be set out in these Terms.
4. OUR PRODUCTS
4.1 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 reflect the colour of the Products. Your Products may vary slightly from those images.
4.2 The packaging of the Products may vary from that shown on images on our site.
4.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
5. CREATING AN ACCOUNT
5.1 You have the option to create an account on our site. When you register to use our site you will be asked to create a password. You should keep this password confidential and not disclose it or share it with anyone. You will be responsible for all activities and orders that are submitted under your password. You must notify us immediately if you suspect that someone else knows your password.
5.2 We reserve the right to require you to change your password or suspend your account if we believe that there is a likely breach of security or misuse of our site.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 For the steps you need to take to place on order on our site, please see our How To Buy Online page.
6.2 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.
6.3 Poundland disclaims all representation and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party( to the extent permitted by applicable law).
6.4 After you place an order, you will receive an Order Confirmation e-mail from us acknowledging that we have received your order. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order. Our acceptance of your order will take place as described in clause 6.5.
6.5 All orders placed by you are on the basis of our Terms and are subject to acceptance by us delivering the goods to you at which point a legally binding contract is established between us.
6.6 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been despatched (Despatch Confirmation). The Contract between us will be formed when we send you the Despatch Confirmation. We are under a legal duty to supply Products in conformity with the Contract.
6.7 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements, and
(c) changes on our business model or function
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 We reserve the right to change these Terms from time to time. You should visit this page regularly to keep informed of the current terms. By continuing to browse and use this Website, you will be deemed to agree with our Terms and accept any changes or updates.
8. YOUR RIGHT TO CANCEL
8.1 If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. This means that if you change your mind or for any other reason or you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. You must notify us in writing within 14 days of receiving your products, and make it clear that you wish to cancel your contract. You should also return the products to us in the way described in our Returns Policy. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 You may cancel a Contract from the date you receive the Despatch Confirmation, which is when the Contract between us is formed. Once the Products have been delivered to you, you have a period of 14 (fourteen) calendar days in which you may cancel, starting from the day you receive the Products.
8.4 Subject to clause 8.3, you can cancel a contract by:
(a) E-mailing us by using our Contact Us form or writing to us at Online Shopping Cancellation, Poundland Ltd, Wellmans Road, Willenhall, West Midlands, WV13 2QT. If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us; or
(b) by electronically filling in and submitting the Contract Cancellation form available If you use this option, we will communicate to you an acknowledgement of our receipt of your cancellation via email without delay; or
(c) providing us with any other clear statement that you wish to cancel.
You may wish to keep a copy of your cancellation notification for your own records.
8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will make the reimbursement without undue delay and no later than:
(a) 14 days after the day we receive back from you any Products supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
(c) If there were no Products delivered, 14 days after the day on which we are informed about your decision to cancel this contract.
8.6 We will make the reimbursement using the same means of payment as you used for the initial transaction.
8.7 If the Products were delivered to you:
(a) you must return the Products to us within 14 days of providing the notice of cancellation, and follow our standard Returns procedure. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We will notify you in advance of the charges to be incurred for collection of the Products from you;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.9 For general returns and refunds please see our Refunds and Returns policy
9.1 Your order will be fulfilled by the estimated delivery date set out in the Despatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9.6 We deliver to addresses within the UK, including England, Scotland (including the highlands and islands), Wales and Northern Ireland. Unfortunately we do not deliver to the Isle of Man or the Channel Islands.
9.7 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK as above.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Product(s) you ordered, please see clause 6.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery and Returns page.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card, credit card or a Paypal account. We accept the following cards: MasterCard, Visa, and American Express.
11.2 Payment for the Products and all applicable delivery charges is in advance at the time that you place an order. We will not charge your debit card or credit card until we dispatch your order.
12. INTELLECTUAL PROPERTY
12.1 The content of our site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of our site 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 Poundland site without written permission from us.
12.2 No licence is granted to you in these Terms and Conditions to use any trademark of Poundland or its affiliated companies.
13. MANUFACTURER GUARANTEES
13.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
13.2 If you are a consumer, a manufacturer’s guarantee is in addition to 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.
14. OUR LIABILITY
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 15.2.
15.2 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.
15.3 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.
16.1 If you have a complaint about an Order that you have made or a Product that you have received from us then please use our contact [form]. We will aim to respond to your complaint within 72 hours.
16.2 If your complaint cannot be resolved by our Online Customer Services team, they may forward the issue to our Quality Assurance Team (or other teams) at our Head Office. In such instances, you should expect to receive a response from our Customer Services Team within 28 days of receipt of your complaint.
17. OTHER IMPORTANT TERMS
17.1 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.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 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 product, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 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.
17.5 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.
17.6 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 to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 We will not file a copy of the Contract between us.
18. CONTACTING US
18.1 If you wish to contact us for any reason, you can send this to us either:
(a) by using our online contact form
(b) by post to Online Customer Services, Poundland Ltd, Wellmans Road, Willenhall, West Midlands, WV13 2QT
18.2 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.