POPCORN KITCHEN LTD
This agreement applies as between you, the User of this Website and Popcorn Kitchen Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Popcorn Kitchen Ltd advertises and / or makes available for sale through this Website;
“Service” means collectively any online facilities, tools, services or information that Popcorn Kitchen Ltd makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” Means Our place(s) of business located at 10e Butler Road Bagshot Surrey GU19 5QF
“System” means any online communications infrastructure that Popcorn Kitchen Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Popcorn Kitchen Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (www.popcornkitchen.co.uk or www.facebook.com/thepopcornkitchen) and any sub-domains of these site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means Popcorn Kitchen Ltd, a company registered in England under 10231003 of 11a Manor Way, Woking, Surrey, GU22 9JX .
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions DO NOT apply to customers buying Goods in the course of business. if you are a business customer please consult our business terms and conditions.
4. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Popcorn Kitchen Ltd, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Popcorn Kitchen Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Use of Communications Facilities
9.1 When using communication systems on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Popcorn Kitchen Ltd or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Popcorn Kitchen Ltd reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Popcorn Kitchen Ltd may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10.1 In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, you will be responsible for any costs relating to returning the goods to us, or you accept to keep them and honour the payment made for them.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
11.1 Either Popcorn Kitchen Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
11.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
11.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
12. Goods, Pricing and Availability
12.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from Us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
12.2 Where appropriate, you may be required to select the required size, quantity and flavour of the Goods that you are purchasing.
12.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on the Website
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary
12.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, We will charge for the price advertised at the time the purchase was made rather than at the new price
12.6 All prices on the Website include VAT. Popcorn Kitchen Ltd’s VAT number is GB245321333.
13. Orders and Delivery
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Popcorn Kitchen Ltd and you.
13.2 Order confirmations under sub-Clause 14.1 shall contain the following information:
13.2.1 Confirmation of the Goods ordered including details of the main characteristics of those Goods;
13.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Estimated delivery date(s) and time(s);
13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
13.5 The risk in the Goods shall remain with Us until they come into your physical possession.
14. Cancellation rights
14.1 Under the Distance Selling Regulations consumers normally have the legal right to cancel an order placed on our website, by email, over the telephone or by fax, within seven days of receipt of the order (with the exception of any made to order items). However this contract relates to the supply of food products which are dated and is therefore exempt from the right to cancel. We therefore have no obligation to allow you to cancel your order.
14.2 In certain circumstances we may accept the return of products. Please contact us immediately if you wish to cancel your order. Under normal circumstances we will only be able to consider cancelling any order if it has not already been despatched from our premises and you are a consumer (i.e. the products are for your own consumption and not for resale). If you have received the goods before you wish cancel your order then you must contact us for permission to return the products which we must confirmed in writing. We reserve the right to refuse cancellation. If we agree you must send the goods back in their original packaging to our contact address at your own cost and risk. If the Products have been tampered with or the packaging is not intact we will not be able to accept the return of the products.
14.3 If you are cancelling within our conditions, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question have not been despatched or are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or you do not pay the cost of return, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
14.4 You will be re-credited for all of the costs incurred in returning faulty or otherwise goods which we agree are defective.
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Goods and services to you;
16.2.2 Process your payment for the Goods; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Popcorn Kitchen Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Popcorn Kitchen Ltd.
20.3 Nothing in these Terms and Conditions excludes or restricts Popcorn Kitchen Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Popcorn Kitchen Ltd.
24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to Popcorn Kitchen Ltd. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please email email@example.com
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Popcorn Kitchen Ltd shall be governed by and construed in accordance with the Law of England and Wales and Popcorn Kitchen Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
26. Social media competitions
26.1 To enter a Popcorn Kitchen social media competition, entrants must follow and complete the instructions as indicated in the competition post.
26.2 This competition is open to UK residents only, including Highlands and Islands.
26.3 Age restrictions may apply. Details will be included in the competition post.
26.4 The Popcorn Kitchen prize is non-transferable and cannot be redeemed for cash.
26.5 The competitions are in no way sponsored, endorsed or administered by Facebook, Twitter, Instagram or any of the social media channels. The social media channels are in no way liable for any part of the competitions.
26.6 The winner will be picked at random.
26.7 The winner will be announced on the date specified on the channel specified and will be notified by being mentioned in a social media post.
26.8 The winning decision is final and no disputes will be entered into.