Terms And Conditions
Welcome to ProudtoPop and thank you for shopping with us, please read these conditions carefully as by using our website, shop and services you signify your agreement to be bound by these following conditions.
These terms of sale apply to all goods and services supplied by Triibe Ltd trading as ProudtoPop, registered in England and Wales no. 04608951 at 230 Park View, Whitley Bay NE26 3QR.
Any variation of these terms and conditions in any document of the customer is inapplicable unless accepted by in writing by ProudtoPop.
ProudtoPop are completely dedicated to your total satisfaction and these conditions are an outline of how we work, deal with orders and if any problems occur how we may rectify them.
If you have any suggestions or comments please email us using the 'Contact Us' page.
1 Formation of the contract
1.1 When you place an order to purchase a product from ProudtoPop, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch the products to you. Once ProudtoPop does so, there is a binding legal contract between us. Any products on the same order that which have not being dispatched do not form part of that contract.
1.2 The contract is subject to your right of cancellation (see below).
2 Description and price of the goods
2.1 The description and price of the goods you order will be as shown on ProudtoPop's website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, ProudtoPop will inform you as soon as possible, and if any payment has been taken, refund or re-credit you for any sum that has been debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown in ProudtoPop's current catalogue or shown on its website are accurate at the time you place your order. If an error is found, ProudtoPop will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, ProudtoPop will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the Checkout section of ProudtoPop's website.
2.5 The price of the goods and delivery charges are inclusive of VAT where applicable.
3.1 Payment for the goods and delivery charges can be made by any method shown in the Checkout section of ProudtoPop's website at the time you place your order.
4.1 The goods you order will be delivered to the address you give when you place your order
4.2 If there is no one at the address given or no one who is competent to accept delivery of the goods, a card will be left with details of how to make alternative arraignments or a place to collect the goods.
4.3 ProudtoPop will do it's utmost to adhere to any time stated for delivery but shall not be liable for any loss or damage howsoever caused, by any delay in delivery, completion, or performance of any contract. Any time stated for delivery shall not be a term of any contract or representation. Where carriage is under charged we reserve the right to charge the customer the cost of delivery, who will be informed and given the option to cancel.
4.4 Once delivered and signed for you become the owner of the goods you ordered and responsible for risk of loss of or damage to them. The signature to the courier indicates that you have received the dispatched goods in full and in good condition.
4.5 Delivery times are counted as working days which are any day other than weekends and bank or public holidays.
5 Your right of cancellation
5.1 You have the right to cancel the contract at any time up to 14 days from the date of invoice, no return or exchange will be accepted after this time. Cancellations will only be accepted subject to the following points;
5.2 To exercise your right of cancellation, you must contact ProudtoPop, giving details of the goods ordered and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for the return packaging, insurance and carriage costs to ProudtoPop. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
5.4 Once you have notified ProudtoPop that you are cancelling the contract and the goods returned to ProudtoPop as requested ProudtoPop will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods (excluding any shipping and handling costs).
5.5 If you do not return the goods as required, ProudtoPop may charge you a sum not exceeding the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if your order is for audio or video recordings or computer software or paints, glues, solvent and liquid based products including aerosols flares and any safety equipment if the products have been unsealed by you or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
5.7 You do not have the right to cancel the contract if your order is for bespoke, made to measure products and made to order products including but not limited to Pop Top Canvasses. ProudtoPop will not be liable for any additional expenses incurred in altering products when the specification is changed after the manufacturing process has started and you will be charged accordingly.
5.8 Any charges made to alter or change a standard product, once production has commenced can not be refunded. At ProudtoPop's discretion the goods may be refunded at the standard price (excluding the additional charges) if the goods are re-saleable as a new and serviceable product.
5.9 Trailers, trolleys and other bulky items that are difficult to post can be returned at reasonable cost if delivered at the customer's expense to ProudtoPop's local couriers depot.
6.1 All goods supplied by ProudtoPop are warranted free from defects for 12 months from the date of supply. Provided the Customer makes a full inspection of the goods immediately upon receipt and thereafter gives ProudtoPop written notice containing full particulars of any defects it discovers and the circumstances in which such defects occurred.
the Company shall, at its sole option, either repair, replace or give credit for the purchased price of any such goods which its examination confirms are defective in material or in workmanship within the warranty period provided that the Customer has adhered to the payment provisions herein and further provided that:
a). The Customer returns the defective goods to ProudtoPop or its authorised service depot (as directed by the ProudtoPop) and pays all transportation charges, duties and taxes associated with the repair, replacement and return of the Goods to the Customer, or:
b). If, at ProudtoPop's option, arranges for a technician to visit the Customer's location to repair or replace the defective goods, the customer pays all transportation charges for the technician and his equipment, including any applicable duties and taxes, accommodation and living expenses and normal charges for the technician's time while travelling and for delays beyond ProudtoPop's control (save that the Customer shall not be liable for any charge in respect of the technician's time on site actually engaged in carrying out the repair or replacement of such defective Goods).
The repair or replacement of defective goods during the warranty period in accordance with the above clause shall not extend. This warranty does not affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by ProudtoPop, failure to follow ProudtoPop 's instructions, or any alteration or repair carried out without ProudtoPop 's approval.
6.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify ProudtoPop in writing at the address shown on the Contact Us page or by email through the Contact Us page, ProudtoPop retains ultimate discretion on whether a product is deemed faulty or not.
6.4 ProudtoPop's policy is one of continuous development and we reserve the right to alter specifications without prior notice.
6.5 All drawings, photographs, illustrations, performance data, dimensions, weights and other technical information specifications and particulars of the Goods are published by the Company in the belief that they are as accurate as reasonably possible but are not to be treated as being or as forming part of the Contract. It is the responsibility of the Customer to ensure the accuracy of all such materials and information and ProudtoPop accepts no liability in this respect.
6.6 ProudtoPop endeavours to use the highest quality materials and good workmanship. Should either prove defective within twelve months from the date on our invoice the company will at its discretion, repair or replace items of its own manufacture provided that these are returned carriage paid to its factory. Guarantees issued by manufacturers of components that are incorporated will be passed on to our customers in full. Wheel bearings, brake systems and suspension units are guaranteed against manufacturing faults, this warranty ceases if there is evidence of corrosion due to salt-water contamination.
7 Specific Products
7.1 Trailers. It is the responsibility of the user of any road vehicle to ensure that its use, whether single or in combination with any other vehicle, is in compliance with current construction, lighting and use regulations. The driver should check the weight of the total outfit to ensure legal compliance. Our goods are sold on the understanding that they will not be used on any public highway until they comply with the law. Our warranty ceases in every respect if a trailer is overloaded or damaged when used for an unsuitable load.
7.2 Health & Safety. By purchasing any product from us you acknowledge that you must read and understand each products user instructions and Health & Safety Guidelines. Especially paints, glues, solvent and liquid based products including aerosols Flares and any safety equipment.
8 Alteration of Service or Amendments to the Conditions
8.1 ProudtoPop reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
8.2 ProudtoPop will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
8.3 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
8.4 Upon receipt of any dispute we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a dispute, you grant to ProudtoPop and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify ProudtoPop and its affiliates for all claims brought by a third party against ProudtoPop its affiliates or suppliers arising out of or in connection with the submission of a dispute.
9 Data protection
9.1ProudtoPop will take all reasonable precautions to keep the details of your order and payment secure, but unless ProudtoPop is negligent, ProudtoPop will not be liable for unauthorised access to information supplied by you.
9.2 ProudtoPop will only use the information you provide about yourself for the purpose of fulfilling your order and do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment, in this case, the third party will not disclose any of the details to any other third party. However we may use your details to notify you of products and offers that may be of interest to you from time to time. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to ProudtoPop at the address shown on the Contact Us page or by email through the Contact Us page.
10 Applicable law
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
Version: 11.1 modified 1st July 2017