Terms of Sale
1. WHO ARE WE?
We are Poundland Limited, a limited liability company with company number 02495645, VAT number 547-5122-45, and with our registered address at Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX.
We own and operate the website at www.poundland.co.uk (the “Website”).
In these Terms of Sale, when we refer to "we", "us" or "our", we mean Poundland Limited; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.
2. CONTACT US
Telephone: 0333 234 1877 Monday - Friday 9am – 5pm
Emails will be picked up Monday – Friday 9am – 5pm
Post: Customer Services Team, Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX
3. WHAT THESE TERMS OF SALE COVER
3.1 Please read these Terms of Sale carefully as they apply when you buy products from our Website. The Terms of Sale will become binding on you when you submit an order for products via the Website and will be incorporated into the contract between you and us in relation to such order for products (the "Contract of Sale").
3.2 We may amend or update these Terms of Sale by posting updated versions on our Website from time to time. We will confirm this by stating the date of the version at the top of this page. Notwithstanding the foregoing, the Terms of Sale that are live on the Website at the time you place your order will govern that purchase and the Contract of Sale between us.
3.3 In addition to these Terms of Sale, the Poundland Returns Policy also applies to any Contract of Sale that you enter into with us.
4. PLACING AN ORDER AND ENTERING INTO A CONTRACT OF SALE
There are references to other terms on this page which also apply to your use of our site, these are:
4.1 You must be at least 18 years old to place an order for products via the Website (an "Order").
4.2 In order to place an Order through our Website, simply add the product(s) you’d like to purchase to your basket and then complete the requested details through the checkout journey. If a product has gone out of stock (or otherwise become unavailable) between the point at which you add it to your basket and the point at which you are ready to place your Order (as described below), you will be prompted to remove that product from your basket before continuing in the checkout. If, as a result, there are no products left in your basket you will be unable to continue in the checkout.
4.3 The order process allows you to check and amend any errors before submitting your Order - please do double check these details carefully, as once your order is submitted it will be processed immediately. You are responsible for ensuring that your Order is complete and accurate.
4.4 The billing address that you provide at the checkout must match the information on your credit or debit card, but you can request that your order is delivered to a different address more convenient to you.
4.5 When you are ready to place your Order, you will be required to tick a checkbox to consent to be legally bound to these Terms of Sale, and then click the “PAY NOW” button.
4.6 Sometimes we may block the submission of an Order by you, including for the reasons set out below:
- 4.6.1 a product has been mispriced by us and/or we have identified an error in the price or description of the product(s);
- 4.6.2 you are located outside of our geographical delivery areas;
- 4.6.3 we are unable to meet a delivery deadline that was specified; and/or
- 4.6.4 we have noticed some unusual or suspicious activity in relation to your Order. Our products are for your personal use only. If we notice that the products are possibly being exploited for business or resale purposes we may cancel the order. If you think we have made a mistake you can get in touch via the ‘CONTACT US’ section above.
4.7 Your Order constitutes an offer to buy products from us. When you place an Order, we will send you an email acknowledging receipt of your Order ("Order Acknowledgement") but please note that the Order Acknowledgment does not constitute acceptance of your Order.
4.8 If we accept your order then we will send you a confirmation email ("Confirmation Email"). These Terms of Sale will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and shall be a new and separate Contract of Sale between you and us.
4.9 In your Order Confirmation, we will assign a number to your Order and it will help us if you quote the Order number if you decide to contact us about your Order. We will also confirm the delivery date or timeframe (as applicable).
4.10 The Order process is only available in the English language and we will not file a copy of any Contract of Sale formed between you and us.
4.11 Cancellation of your Order
- 4.11.1 There are some circumstances in which we may need to cancel your Order after it has been submitted. This may be required in order to:
- (a) address an urgency or emergency;
- (b) deal with technical problems or make minor technical changes;
- (c) address legal or regulatory advice or guidance;
- (d) comply with and/or reflect changes in relevant laws and regulatory requirements;
- (e) make necessary changes to the product; and/or
- (f) address unforeseen product unavailability / stock issues.
- 4.11.2 If we need to cancel your Order in accordance with clause 4.10.1, we will notify you via email as soon as reasonably practicable of the need to cancel your Order. If you have not already made a payment you will not be charged. If payment has already been accepted, we will then provide a full refund for the product(s) that cannot be fulfilled.
5. PRICE AND PAYMENTS
- 5.1.1 The prices for products and delivery are set out on the Website and are inclusive of VAT. The prices will be re-confirmed during the Order process before any payment is taken.
- 5.1.2 Prices may change from time to time but the price that applies at the time that you place your Order applies to your Order. For the avoidance of doubt; if a sale or promotion commences after you have placed your Order, such that the then-current price is less than the price you previously paid on your Order, you will not be entitled to any retrospective discount on your existing Order.
- 5.1.3 We will always strive to ensure the pricing on our Website is accurate and up to date, however there is always a possibility that some pricing on our Website may not be correct. In those circumstances we may refuse to process any Order placed on our Website based on the inaccurate or incorrect information, which may include incorrect product pricing or delivery prices. We will contact you by email if we have noticed such a mistake after you have placed your Order. We will provide you with an option to either purchase the product at the correct price or cancel your Order.
- 5.2.1 You can pay for an Order using one of the payment methods set out in the Order process (the "Payment Methods"). Please note that we reserve the right to withdraw or suspend any payment options or methods at any time at our sole discretion.
- 5.2.2 You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method. If your payment is not authorised, your Order will not be fulfilled.
- 5.2.3 In most cases, all goods must be paid for in full before we dispatch them. The exception is if you use a Payment Method which is a “buy now pay later” option such as Klarna Pay Later. In the case of a “buy now pay later” option you will be required to agree a finance instalment plan at the time you place your Order.
6.1 Where we deliver
We deliver within the United Kingdom, including Northern Ireland. Please visit our Delivery Page for more information on where we do and do not deliver.
6.2 Delivery options, costs and times
- 6.2.1 The most up to date delivery options, costs and timings can be found on our Delivery Page.
- 6.2.2 Not every delivery option is guaranteed to be available to you. The delivery options that are available to you will depend on your postal address. Next Day delivery may not always be available as it is dependent on our cut off time and our cut off times vary depending on demand. Saturday delivery services are subject to availability. In any event, the delivery options available to you will be confirmed on an Order-by-Order basis during the checkout process.
- 6.2.3 The cost of delivery will depend upon which delivery option you have selected and in any event will be confirmed on an Order-by-Order basis during the checkout process.
- 6.2.4 Delivery times will vary depending on the delivery option you have selected and in any event will be confirmed on an Order-by-Order basis during the checkout process.
6.3 Delivery notifications
Once your Order has been dispatched, we will send you an email with the courier details and a tracking number so that you can keep up to date on its progress. You will then receive further updates regarding delivery directly from our courier.
6.4 Secure deliveries or age-verified deliveries
In order to deliver any secure or age-verified products, you need to ensure that you or another appropriate person authorised by you is present at the chosen delivery address in order to provide our courier with confirmation of delivery, age-verification, or a signature (as applicable). You will need to make separate arrangements with the courier directly if you are not going to be at the premises on the date or at the time that you have selected for delivery.
6.5 Missed deliveries
- 6.5.1 If no one is available at your address to receive your delivery, our courier will send you an email with further information.
- 6.5.2 If after a failed delivery to you, you do not make alternative arrangements with the courier per clause 6.6.1, then our courier will return the parcel(s) to us within their specified timeframe. Once returned to us, if, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the Contract of Sale. In these circumstances we will deduct from any refund due to you an amount equal to: (a) the costs that we have incurred dealing with the failed delivery (for example, having the courier return the goods to us and/or storage costs); and (b) the loss in value of any returned products.
6.6 Delivery delays
- 6.6.1 If we are unable to deliver to you within the timeframe communicated to you in your Order Confirmation, we will contact you as soon as possible to let you know and to arrange an alternative delivery time.
- 6.6.2 If your delivery is delayed by an event outside our control (for example postal/courier delays or bad weather), then we will contact you as soon as possible to let you know that we are taking steps in order to minimise the effect of the delay. We of course will make every effort to deliver all your goods in the time we agreed to, however we will not be liable if we fail to do so if our failure to deliver the goods is due to circumstances beyond our control.
7. CANCELLATION AND REFUNDS
7.1 Your rights of cancellation
- 7.1.1 You may change your mind, cancel the Contract of Sale between you, and receive a refund on the conditions that: (a) you have notified us of your decision to cancel in accordance with clause 7.1.4; and (b) you have returned the products to us within twenty eight (28) days of purchase in accordance with our Returns Policy
7.1.2 The exceptions, where you will not have the right to change your mind and receive a refund, are in the case of products that are:
- (a) bespoke, “made to order”, created to your specification or clearly personalised;
- (b) sealed for health protection or hygiene purposes, if you have received these items and unsealed them;
- (c) perishables, such as flowers or fresh food or drink products;
- (d) sealed audio, video recordings or computer software, if you have received these items and unsealed them;
- (e) pharmaceutical products, if the hygiene sealed packaging has been opened or tampered with;
- (f) pierced jewellery items, if the hygiene sealed packaging has been opened or tampered with; and
- (g) underwear or swimwear, if the hygiene label has been removed or tampered with.
- 7.1.3 You may cancel the Contract of Sale in respect of all products delivered or in respect of some of the products only. Where you order multiple products in one order or a product is delivered in separate parts, lots or pieces, the cancellation period will expire twenty eight (28) days from the date of purchase.
- 7.1.4 To inform us of your decision to cancel your Contract of Sale, you must contact us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team at firstname.lastname@example.org. Alternatively, you may (but you are not obligated to) complete and send the following model cancellation form to us:
Model Cancelation Form
To: POUNDLAND LIMITED, Customer Services Team, Poundland Csc, Midland Road, Walsall, United Kingdom, WS1 3TX
E-mail address: email@example.com
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*),
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
- 7.1.5 We will send you an acknowledgement of receipt of your notice to cancel by email.
- 7.1.6 If you cancel the Contract of Sale with us in compliance with this clause 7.1, we will refund all payments received from you, including the cost of delivery (except for any deductions permitted under clause 7.1.9).
- 7.1.7 We will make the refund without undue delay, and not later than:
- (a) ten (10) days after the day we receive back from you any products supplied;
- (b)(if earlier) ten (10) days after the day you provide evidence that you have returned the products; or
- (c) if there were no products supplied, ten (10) days after the day on which we are informed about your decision to cancel your Contract of Sale.
- 7.1.8 We may withhold a refund until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
- 7.1.9 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the products resulting from the unfair and/or unreasonable wear and tear of the products other than what is necessary to establish the nature, characteristics and functioning of the products. We may make a deduction from any refund for such loss in value of any products we supply.
7.2 Other rights to end your Contract of Sale
You have legal rights in relation to products you receive that are not of satisfactory quality; fit for purpose; or as described to you. If you believe that any products that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a replacement or refund.
7.3 How to return products
- 7.3.1 If you wish to exercise your rights to a refund under this clause 7, you must return those products in accordance with our Returns Policy which you can access here.
- 7.3.2 We will pay the costs of return if the products are not of satisfactory quality; fit for purpose; or as described to you - in accordance with clause 7.2. In all other circumstances, you must pay the costs of return.
- 7.3.3 You are responsible for taking reasonable care of the products until they are returned to us. You must comply with the directions in the Returns Policy when returning products to us and this includes the recommendation to keep proof of postage for your records. We will be unable to provide you with a full refund if the products are not returned to us or if they are damaged when they arrive.
7.4 Refund payments
Any refund due to you will be made using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
8. OUR PRODUCTS
8.1 Product images and packaging
- 8.1.1 We aim to keep our product images as up to date as possible however products’ true colour may not exactly match that as shown on your device and as such packaging may be slightly different.
- 8.1.2 We take the utmost care to ensure that all information about the products displayed on our site is accurate. However, products may be improved or updated which could result in changes to the product information, ingredients, nutritional content and allergy advice. We strongly recommend that you always read the actual product label from the product you have purchased before using or consuming such product. You should not solely rely on the information presented on this site. As a result, Poundland is not liable for any inaccurate or incorrect product information displayed on this site. Please note that this does not affect your statutory rights.
8.2 We may suspend the supply of a product
Products are made available on the Website from time to time. We do not guarantee that any product will be available for any period of time and we reserve the right to change the product offerings on the Website at our discretion.
Certain items can only be purchased by and delivered to customers above a certain age, i.e. 18 or 21 years old. This will be made clear throughout the checkout journey. We operate a 'challenge 25, serve 18' policy. Clause 6.5 applies to delivery of age-verified products.
9. YOUR PERSONAL INFORMATION
10. OUR LIABILITY
10.1 Nothing in these Terms of Sale excludes or limits our liability for:
- 10.1.1 death or personal injury caused by our negligence;
- 10.1.2 fraud or fraudulent misrepresentation; and
- 10.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
10.2 Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
10.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.5 The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.6 Notwithstanding clauses 10.3, 10.4 and 10.5, and save as set out in clauses 10.1 and 10.2, our maximum liability to you under these Terms of Sale in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
11. OTHER INPORTANT TERMS
11.1 If a court invalidates some of this contract, the rest of it will still apply - If a court or other authority decides that some of these terms are unlawful or invalid, the rest will continue to apply.
11.2 Nobody else has any rights under this contract - This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or amending it.
11.3 Assignment - We may transfer our rights and obligations under any order to another organisation, but that will not affect your rights or obligations.
11.4 We may update these terms - These terms may be updated from time to time to reflect changes in relevant laws and regulatory requirements or any changes to the way in which we conduct our business. Notwithstanding the foregoing; the Terms of Sale that apply at the time of your Order will still apply to that Order.
11.5 Even if we delay in enforcing this contract, we can still enforce it later - We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later. 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.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms of Sale are governed by English law. This means that your access to and use of the Website, your purchasing of products, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
12.2 You may bring any dispute which may arise under these Terms of Sale to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the United Kingdom, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms of Sale to the competent court of your country of habitual residence if this is within the United Kingdom or otherwise the competent court of England.
12.3 If you are a consumer and are resident in the United Kingdom and we direct the Website to (and/or pursue our commercial or professional activities in relation to the Website in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Sale affects your rights as a consumer to rely on such mandatory provisions of local law.