Terms & Conditions

Welcome to Poppy Plum’s website (www.poppyplum.com). When using this website you are automatically accepting these terms and conditions in full including the documents referred to within them. You should not use this site if you do not agree to be bound by these Terms and Conditions.

The following Terms & Conditions apply to the use of the entire Site and/ or all orders placed by ‘You’ (the customer / user of this website) with Poppy Plum Ltd. (“POPPY PLUM”, “we”, “us” or “our”).

The Poppy Plum Site is provided solely for your personal use. Any commercial, illegal or unauthorized use of this site is strictly prohibited.

We suggest that you take into consideration the PRIVACY POLICY, which forms part of these Terms and Conditions and governs your visit to the Site.

About Us

This e-commerce site is owned and operated by Poppy Plum Ltd. We are registered in Malta under company registration number XXX.  Our registered address is PO Box 61, Triq il-Kostituzzjoni, Mosta, MST 9059.  Our VAT registration number is MT24894603.

Eligibility

To be eligible to purchase commodities on this Site and to lawfully enter into and form contracts on this Site under Maltese law you must: (a) be 18 years of age or older; (b) register on the Site; and (c) be the holder of a valid Paypal account linked to a valid credit card.

Product Information

We have tried our best to ensure that the photographic representation, description and specification of each product are accurate. Nevertheless, while the reproduction of colours is a close representation, there might be a slight variation in the actual products. Poppy Plum is therefore unable to guarantee that the product images you see are a precise representation of the actual merchandise.

Poppy Plum endeavours to be as accurate as possible in all details, descriptions, images and prices of products on the Site.  Nonetheless, to the extent permitted by law, we do not guarantee that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current or error-free.

All merchandise on this Site is subject to withdrawal and/or change at any given time.

Clients are advised to always check the ingredients of the products to avoid any potential allergic reaction.  Information available on our Site is not intended to serve as a stand-in for professional medical advice.  Poppy Plum does not provide or intend to offer any answer to medical related questions; Poppy Plum does not represent itself as a physician nor is it implied. Poppy Plum shall not be held liable for any purchases made without prior consultation and/or for any undesired reactions clients may have to the products purchased from this site.

Customer Service

In case of any queries, please feel free to contact us on the email address: info@poppyplum.com

Placing an Order & Payment Methods

Payments for orders on this site can only be processed via Paypal. After selecting your products, you may proceed to cart and enter you and delivery details, click on the “Check out” button to complete your payment on the PayPal website. Once payment is cleared by PayPal, you will receive an email confirming your purchase and delivery details.

Should the product currently be out of stock, you will be notified by email and refunded accordingly via Paypal.

The legally binding contract between You and Poppy Plum shall be completed solely upon delivery of the goods, unless you are informed that we cannot accept or have cancelled your order or you have cancelled your order.  Processing of payment and acknowledgment of the order does not complete the contract between us.

A VAT invoice will be delivered to you together with your ordered goods.

Should you require any information regarding your order/s, kindly contact Customer Service on the email address provided.

In certain cases Poppy Plum may not accept your order, mainly if an item you have ordered is out of stock, if your order is still pending authorisation of your payment, if we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error. Should we be unable to fulfil your order following our order acknowledgment, we will contact you by email or telephone advising you of this.

Cancel your order

Poppy Plum reserves the right to cancel any orders up to the point of delivery for products that have been listed at an incorrect price or contain incorrect information or typographical errors or are unavailable for any reason.  Poppy Plum retains this right in spite of the order confirmation sent or your payment processed.  In the eventuality that your account has already been charged for the purchase and your order is cancelled, we will refund the Paypal account used for the order.

You may cancel your order from your order history in your account page on the Site. Should your order already be on its way and it is too late to cancel it, you may still return it in line with our Returns Policy and Procedures. Kindly be advised that you cannot return unsealed products for health protection and / or hygiene reasons as detailed further on in these Terms & Conditions.

Title to Goods

Poppy Plum will maintain the legal ownership of the goods until delivery of the ordered items.  Legal ownership of the goods will immediately revert back to us in the case that we refund your payment.

Risk of Loss

Poppy Plum bears the risk of loss of products until the products until these are delivered safely to you, at which point the risk is passed on to  you.

Delivery

Orders placed by 13pm CET will begin processing on the same day, otherwise they will be processed the next day.  Processing time usually takes 1-2 working days (Monday to Friday – excluding local Public Holidays.

Local Customers (Malta and Gozo)

Once an order is accepted by us, delivery is made via Malta Post parcel post. A delivery charge of €4.50 is applicable on all orders.

International Customers

We currently do not offer International Shipping.  In the near future, we hope to be able to offer our service to all our guests.

Items not received

Should the goods dispatched by Malta Post not be delivered, we required a period of 30 days to pass from the date of dispatch before processing a refund of your payment.  If you still haven’t received your order after this time, please email our Customer Services and they will process the refund.  Kindly note there is a time limit of 3 months from purchase after which no refund will be affected.

Refund & Returns

Should you choose to cancel an order after we have dispatched the product/s, it will be your responsibility to return them to us, bearing all risk. We will not be liable for any delivery charges of returned items.  Products must be returned within 30 days of delivery.  We will only accept returned products that are unused, sealed and in the same condition in which you received them together with the original packaging and paperwork including invoice. These returns are to be made via return post to the address provided.

As per your legal rights, returned products as specified above within the 30 days from when you acquire physical possession of the products, will be refunded in full.  We will inform you of your refund via email within a reasonable period of time.  In case of products purchased as gifts, refund can only be made to the Paypal account holder of the person who placed the original order.  We endeavour to process the refund due to you as soon as possible and, in any case, within 30 days of you cancelling your order.

Should the products purchased be damaged, incorrect or faulty when delivered to you, we may offer a refund, or replacement of the product as appropriate.  Faulty products should be returned in accordance with the returns procedure.  Should you have any questions regarding returns, please email Customer Service.

PLEASE BE AWARE THAT THE FOLLOWING CANNOT BE RETURNED AND ARE NOT EXCHANGEABLE:

Due to hygiene reasons, foundations, concealers, nail products, lip glosses, lip primers, mascara, mascara bases, liquid liners, Products on special offer, Seasonal Products, Gift sets.

Our policy on refunds, returns and cancellations does not affect your statutory legal rights.

Pricing Policy

The prices displayed on the website are indicated in Euro and are inclusive of VAT  at 18% as per Maltese law.  The delivery charge is not included in the indicated price but will be added to the total amount at checkout.

Prices for our products are subject to change without prior notice.

All effort will be made to ensure pricing displayed on the Site are accurate, however, errors may occur. Should we discover an error in the price of an item you have ordered, we will contact you as soon as possible. You will then have the option to reconfirm your order at the correct price or cancel the order.

Limited licence to use website

Unless alternatively stated, Poppy Plum and/or its licensors own the intellectual property rights of the website and all material in it including all text, graphics, logos, button icons, images, data compilations and software used in connection with the Site. The trademarks, logos and service marks displayed on the Site are the registered and unregistered marks of Poppy Plum.  All other trademarks not owned by Poppy Plum that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  Subject to the licence below, all these intellectual property rights are reserved.

Poppy Plum grants you a limited, revocable and non-exclusive license to access and make personal use of the Site. This limited licence does not include the right to: Republish material from this website (including republication on another website); Show any material from the website in public; Sell, rent or sub-license material from the website; Edit or otherwise modify any material on the website; or Redistribute material from this website; Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;.

Acceptable use of this website

You may not utilise the Site or its contents:

  • For commercial purposes;
  • For resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of the Site (e.g. item listings, descriptions, prices);
  • To download (other than page caching) or modify the Site, or any portion of it;
  • To interfere with or disrupt any network or website connected to the Site or gain unauthorised access to other computer systems;
  • To interfere with the enjoyment or use of the Site by any other person;
  • In any way that causes, or may cause, damage to the website;
  • For any purpose which is unlawful, illegal, fraudulent, or harmful or in any similar purpose or activity.

In addition you may not, in relation to the Site, use any:

  • Data mining, robots, or similar data gathering and extraction tools;
  • Framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Site;
  • Meta tags or any other “hidden text” which uses our name or trademarks.
  • Using the Site does not give you permission to link to it or to use any of -the trade marks, designs, get-up and/or logos contained within it.

You must not transmit through or to the Site any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

You must not conduct any data collection activities on or in relation to this website without Poppy Plum’s written consent.

You must not use this website to transmit or send unsolicited commercial communications.

Third Party Links

This website may include links to third party web sites (“Third Party Site(s)”) from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and Terms and Conditions of use of Third Party Sites accessible from this website.

No Warranties

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided “as is”. Accessing the website is entirely at your own risk.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

We do not accept liability for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.  These limitations apply even if Poppy Plum has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. By using this website you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Indemnity

You hereby indemnify Poppy Plum and undertake to keep Poppy Plum indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by Poppy Plum to a third party in settlement of a claim or dispute on the advice of Poppy Plum’s legal advisers) incurred or suffered by Poppy Plum arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of these Terms and Conditions

Without prejudice to Poppy Plum’s other rights under these Terms and Conditions, if you breach these terms and conditions in any way, Poppy Plum may take such action as Poppy Plum deems appropriate to deal with such breach.  If you default negligently or wilfully in any of the obligations set out in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Poppy Plum.

Your account details

By creating your account on Poppy Plum you certify that the personal information that you provide when you register as a customer is true, accurate and current in all respects.  Kindly refer to our Privacy Policy regarding the handling of your personal information.

You are accountable for maintaining the confidentiality of your account and the password and for taking all reasonable measures to prevent unauthorised access to your account.  You accept responsibility for all activities that occur under your account and/or password.  If you have cause to believe that your password has become known to third parties, or is likely to be used in any way that is unauthorised by you, you should contact us immediately.  If you forget your password, we will reset it upon your request and send a new one to the email address, which you specified upon registration.

You may cancel your account by emailing our Customer Service.

Poppy Plum withholds the right to refuse service and/or terminate accounts, without prior notice, if you violate these Terms and Conditions, or should we decide, at our sole discretion, that it would be in our best interest to do so.

Miscellaneous

Poppy Plum reserves the right to amend, change and revise its website and correct or update any information within it without notice.

We reserve the right to amend these terms and conditions at any time. Our new terms will be displayed on the Site and by continuing to use and access the site following such amendments; you agree to be bound by any variation made. It is your responsibility to check these terms and conditions to verify any variations.

Should a provision of these Terms and Conditions be determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. Should any unlawful and/or unenforceable provision, be considered lawful or enforceable if part of it were deleted, that part will be deemed deleted and the rest of the provision will continue in effect.

Failure by us to enforce a right does not result in a waiver of such right.

Poppy Plum may transfer, subcontract, assign or otherwise deal with Poppy Plum’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, assign or otherwise deal your rights and/ or obligations under these Terms and Conditions.

These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between Poppy Plum and yourself in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These Terms and Conditions will be governed by and construed in accordance with the Laws of Malta.

Any disputes relating to these Terms and Conditions shall be determined and finally settled through Arbitration. The parties agree that, in such case, any disputes shall be referred to the Malta Centre for Arbitration located in Valletta, Malta, and each dispute shall be determined in accordance with Maltese law and regulated by the procedure and Rules of Arbitration which govern arbitrations in Malta.  Disputes will be settled by one arbitrator appointed in accordance with those Rules, unless the parties agree otherwise.  The arbitration shall be conducted in the Maltese language.  The seat of arbitration shall be Malta unless the parties otherwise agree. The decision given by the arbitral tribunal shall be final and no appeal shall lie from such a decision.

Updates

These Terms and Conditions were last updated on the 7th February, 2018

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