Terms and Conditions
TERMS OF SERVICE
OVERVIEW
This website is operated by Poisoned Apple. Throughout the site, the terms “we”, “us” and “our” refer to Poisoned Apple. Poisoned Apple offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – SUPPLY OF PRODUCTS OR SERVICES
We operate as an Online Store and offer the purchase of in stock and pre-order items. Please be aware of the Terms and Conditions of each service. We will clearly indicate the availability of each item so that customers are always aware of whether they are purchasing an in-stock item or pre-ordering an item.
Customers should always check their order acknowledgement to ensure that their orders are correct and inform us of any issues as soon as possible.
Products or services may have limited quantities and are subject to change at any time without notice. Limited stock availability can often result in items moving from our ‘In Stock’ area and into a ‘Pre-order’ department. It is therefore advised that customers check their basket items to ensure that they are happy with availability before completing check-out.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
At this time we are not official stockists of Funko or Loungefly products, however all products are sourced from official suppliers in the EU and US.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
SECTION 5.1 - IN STOCK STORE ITEMS
Our in-stock items are clearly marked on their individual descriptions. These products are held onsite and available for dispatch as shown in our shipping policy.
SECTION 5.2 - PRE-ORDER / BACK ORDER SERVICES
All orders of products in our ‘Pre-order / Back Orders’ areas and/or described as a ‘ Pre-Order’ / Backorder’ in their description are taken as a ‘request to supply’. When a customer submits a request, they accept the obligation to pay for the goods.
All items are paid for in full for you, the customer. Payment is made when you submit your goods request and we pay our suppliers.
All pre-orders / back orders are placed as a request to reserve the goods. Order acknowledgements will be sent via email and payment information taken from the method selected during checkout (payments are processed by Shopify Payments, PayPal or payment service provider (Klarna/Clearpay etc.) depending on the customers preferred option). This acknowledgment is not a contract, invoice or guarantee to supply. No Sales Contract is formed until the dispatch of goods.
All Sales Contracts commence on the date that each item is dispatched. Each dispatch of goods will have its own separate and unconnected Sales Contract, which will be formed on the individual dispatch date. Separate Sales Contracts will apply to any other outstanding ‘requests to supply’. When a customer submits an order for multiple goods, items will only be shipped once all items have arrived and the complete order is ready for dispatch. Customers may request to pay an additional shipping fee to have their order split into separate shipments. In these instances each dispatch will be subject to individual Sales Contracts and treated as a separate request due to the goods being dispatched on separate dates.
All items not clearly marked as ‘In Stock’ will be ordered directly from a stockist upon request and will be subject to the additional processing time as shown on the product information page on the Poisoned Apple site. The timeframe shown is not guaranteed and is subject to change due to uncontrollable or unforeseeable events. In the event of a delay Poisoned Apple will update the customer. If the delay is more than 14 working days from the last date shown on the product page, the customer will have the option to wait for the goods to arrive or to cancel their supply of goods request and receive a full refund.
Once items are received by Poisoned Apple, they will be dispatched in accordance with our shipping policy at which time the Sales Contract is formed.
SECTION 6 – RETURNS AND CANCELLATIONS
If there is a problem with any of the items in your order please contact us immediately. You must report any order discrepancies within 48 hours of receipt.
Under the Consumer Contracts Regulations 2013 you have the right to cancel or return any items within 14 calendar days of the goods being delivered. The cancellation period will expire 14 calendar days after date of delivery.
Date of delivery is defined within these Terms & Conditions as when the tracking shows the items as delivered or three working days after date of dispatch if sent un-tracked.
You must inform us within 14 days of receipt if you wish to cancel or return an item(s) by emailing returns@poisonedapple.uk. Please ensure that you include your name, address and order number in the email along with your reason for return. We will then provide you with your return instructions.
All items must be pre-authorised and must be returned to us within the 14 calendar days notifying us of your request to return. Items must be returned via registered mail and the customer is responsible for all return postage costs.
If any item is delivered to your address and the signature on the parcel is not correct and you claim not to have the parcel, it is your responsibility to contact your local delivery depot to resolve. We can only deliver to the addresses provided to us. And we cannot be responsible for who signs for the parcel at your address. If you would like a higher level of courier service or if you have a special delivery request, please contact our customer service team who will arrange a quotation for you.
If you wish to have your parcel insured, please contact us so that we can discuss your requirements.
All items must be returned in original packaging with all seals and labels intact and in re-saleable condition.
The Consumer Contracts Regulations 2013 state that:
" If the value of the goods is diminished by any amount as the result of handling of the goods by the consumer beyond what is necessary to establish the nature characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price" " Handling" in this context is specified in the regulations as …" that might reasonably be allowed in a shop "
Limitation of liability: Poisoned Apple shall only be liable to refund (where applicable) up to the amount paid (if any) by the Customer for the goods returned along with standard outbound postage cost (if any). Any outbound postage paid will only be reimbursed where there is a problem with an order. No outbound postage will be reimbursed where the customer has changed their mind. Poisoned Apple are not liable for any other losses or compensation. Please note that requests for reimbursement or replacement for packaging will not be accepted. Replacement goods may be re-shipped in original packaging. Reimbursement will be made by the same means as payment was made.
Poisoned Apple reserve the right of deduction under the Regulations for any diminution of value because of Customer handling, use, health protection or hygiene.
Reimbursement is normally made within 14 days of receiving the returned goods.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- all earrings due to hygiene reasons;
- any rings that have been made to order; and
- any other goods that we personalise at your request.
A second confirmation email will be sent to customers who place a personalised item order. This email will request confirmation from the customer that the personalisation is correct. Once this has been confirmed as correct, Poisoned Apple will then proceed to place this order with the manufacturer and customer amendments or cancellations will no longer be possible. If a customer does not respond to the second confirmation within 7 days of the initial order, it will be cancelled and refunded to the original payment method.
When you purchase non-stocked goods using our pre-order allocation service (or any item with a stated delivery time of 2 or more days), we are providing you with a source, allocate and supply service. We specifically source your item and guarantee you the item in the condition stated within that product’s description at the time of placing your order for our services through our website.
All pre-orders are covered by a 14-day cooling off period that begin when you place your order. Consumer rights regulations allows businesses to charge a reasonable amount to cover their costs if orders are cancelled outside of the 14-day cooling off period. These deductions are charged at £10 (GBP) per cancelled item and allow us to cover any administration expenses and to re-market these items.
In the event that an unauthorised person uses your card to place an order on Poisoned Apple, please inform us as soon as possible. Once we have received a Crime Reference Number, we will issue a full refund.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors and customer bulk orders for placement options.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy in Section 6.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY PAYMENT SERVICES
Poisoned Apple has partnered with Clearpay and Klarna to offer customers a choice in different ways to pay for their orders. Poisoned Apple is not a lender and acts only as an introducer. Any customer who makes the decision to use any of these options as means of paying for their order is acknowledging that Poisoned Apple is not responsible for any part of the agreement between themselves and Klarna / Clearpay.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please visit https://poisonedapple.uk/pages/privacy-policy .
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Poisoned Apple, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Poisoned Apple and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Poisoned Apple, PO Box 182, Port Talbot, SA13 9EY. United Kingdom.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contactus@poisonedapple.uk