General Terms and Conditions

Terms and Conditions

1. Introduction
1.1 These Terms and Conditions apply to the use of our website or the purchase of products offered through our website.
1.2 Defined terms and interpretations of these Terms and Conditions are set out in Section 26.

2. Acceptance
2.1 You represent and warrant that:
(a) you are an individual at least 18 years of age;
(b) you have the authority to enter into a legally binding contract with us; and
(c) you are not prohibited by applicable law or contract from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms.

2.3 You represent and warrant that you:
(a) have not been convicted of a computer or internet-related offense; and
(b) have not previously been denied access to the website or its products.

2.4 We reserve the right to deny you access to our website if deemed necessary or appropriate.

2.5 Placing an order constitutes:
(a) your representation and warranty that you have carefully and fully read these Terms;
(b) your offer to purchase the order solely under these Terms;
(c) your acknowledgment that any order confirmation relies exclusively on these Terms; and
(d) your promise to comply with these Terms.

2.6 If you do not agree with these Terms, you must not use the website or purchase products.

2.7 You must expressly accept these Terms to:
(a) submit information through our website; or
(b) purchase a product.

2.8 By visiting our website, purchasing products, or agreeing to these Terms:
(a) you also agree to our Privacy Policy; and
(b) you accept and agree to comply with our acceptable use policy (see Section 12 for details).

2.9 We recommend printing a copy of these Terms for your records.

2.10 If you do not agree with these Terms, you must not place an order or communicate with us.

3. Personal Use
You confirm that you will use the website solely to purchase products for personal, non-commercial use and not as an agent or representative of any other person.

4. Prices
4.1 Product prices on our website include delivery charges but exclude any applicable fees, taxes, duties, or similar government levies ("customs unpaid and untaxed").

4.2 All duties, taxes, fees, or government charges related to the import of products to the delivery address are your responsibility and are not included in the product prices. Some shipments may incur additional costs, such as customs duties or import taxes, for which the customer is responsible. Products are shipped from a non-EU country (China). Clarify potential customs duties with our customer service before placing an order.

4.3 We strive to ensure product details, descriptions, and prices on the website are accurate. However, errors may occur. If we identify a pricing error, we will notify you promptly and offer the option to confirm or cancel your order at the correct price. If we cannot reach you, the order will be canceled, and you will receive a full refund.

4.4 We are not obliged to fulfill orders where the displayed price is incorrect, even after issuing an order confirmation.

4.5 Prices may change periodically but will not affect orders for which a confirmation has been sent.

5. Placing an Order
5.1 Orders are subject to stock availability. If products are available, you will receive an order confirmation. If stock is unavailable, we will notify you and refund any payments made.

5.2 A contract is formed only upon issuing an order confirmation, limited to the products listed therein.

5.3 For multi-product orders, items may be delivered in separate shipments.

5.4 We reserve the right to remove products or content from the website without liability.

5.5 We may cancel orders even after issuing confirmation and will refund any payments made.

6. Payment
6.1 Payments can be made via payment providers listed on our website.

6.2 Promotional vouchers may also be used at checkout.

6.3 By placing an order, you confirm the payment method is yours and have sufficient funds.

6.4 Unauthorized use of your cards or accounts is your responsibility, even if reported stolen.

6.5 Chargebacks or payment reversals are prohibited and may result in legal action.

7. Delivery
7.1 We aim to deliver orders to the specified address.

7.2 Estimated delivery dates are provided at checkout but are not guaranteed.

7.3 Risks transfer to you upon delivery. If delivery is delayed due to your fault, risks transfer at the intended delivery date.

7.4 Additional delivery costs due to refusal or inability to receive the order may apply.

7.5 All risks related to the product pass to you as soon as delivery is made to the delivery address, unless the delivery is delayed due to a breach of your obligations under these terms and conditions. In such cases, the risk transfers at the point when delivery would have occurred had you not been in breach.

7.6 If you are unable to accept delivery or collection of your order, we may leave a card with instructions for re-delivery or collection by the courier service.

7.7 If delivery or collection is delayed due to your unreasonable refusal to accept delivery, or if you fail to accept delivery or collect your order from the courier, we may charge you reasonable fees and costs incurred in returning the order to the sender, without prejudice to other rights or remedies available to us.

7.8 Goods are shipped within 2-5 days after confirmed payment. The standard delivery time is 5 to 8 business days, occasionally up to 4 weeks, unless otherwise specified in the product description. The owner does not ship directly. The order will be dispatched by the manufacturer once the entire order is available.

7.9 All duties, taxes, customs charges, levies, or other official fees and declarations associated with the import of the products to the delivery address are your responsibility and are not included in the product price. In some cases, additional costs may arise for deliveries, which the seller is not responsible for, and these must be borne by the customer. These include, in addition to shipping costs, customs duties or import VAT, as the goods are shipped from a non-EU country (China). Please clarify with our customer service prior to ordering whether customs charges apply to a product. Customs duties or import VAT are not paid by us and remain the responsibility of the buyer. Our goods are always shipped "duties unpaid and untaxed." The buyer is the "importer of record" and is responsible for the proper payment of customs duties and/or import VAT and must fully comply with all laws and regulations of the importing country. As import regulations vary by country, please check the customs duties and import VAT applicable in your country before placing your order. The buyer is obligated to fully ensure compliance with all laws and regulations of the importing country upon receipt of the goods.


8. Cancellation or Modification of Orders
8.1 After an order has been placed on our website, you may cancel or modify it by sending us an email.

8.2 Once an order has been packed, it can no longer be canceled or modified. Instead, it must be returned to us in accordance with Section 10 below. Since our goods are shipped from Asia, transit times may be longer, and we have no control over these times. If the product(s) are already en route to you, cancellation is not possible. Please wait until you receive the goods and then return them to us. You are welcome to inform us of your cancellation in advance. To ensure prompt returns, we kindly ask that you provide us with proof of shipment. An early refund is possible no sooner than 16 weeks after the order is received, in case the goods are not delivered.

8.3 Since we operate with a fully automated system, orders are processed immediately after submission. Therefore, we regret that we cannot interrupt the shipping process before delivery. Refunds prior to receipt of the goods are only possible within 24 hours after the order is placed.


9. Defective Products
9.1 You acknowledge that the products are standard products and not custom-made to meet your specific requirements.

9.2 All product descriptions, information, and materials on the website are provided "as is" without express or implied warranty or other representation.

9.3 Images of products may differ slightly from the actual product you receive.

9.4 If the product you receive is defective, you may email us to notify us about the product to be returned, attaching a photo of the defective product.

9.5 You may return the product to us in accordance with Section 10.

9.6 We will inspect the product upon receipt. Our processing time depends on your order.

9.7 We will notify you via email if we determine that the product is defective.

9.8 Our sole obligation to you concerning defective products is either (at our sole discretion):
(a) to replace the product and cover the cost of delivering the replacement to the delivery address, in which case you must return the defective product to us; or
(b) to refund an amount equal to the price of the product and the cost of returning the defective product to us. We will refund this amount to the account from which we received payment, using the same payment method.

9.9 If we determine that the product is not defective, we may, at our sole discretion, decide not to refund the purchase price and may require you to pay reasonable service fees, deducting these from the payment method used for the order. To the extent permitted by law, we are not liable for losses, liabilities, costs, damages, fees, or expenses arising from this section.

10. Returns and Refunds
10.1 Our return policy forms part of these Terms and Conditions, which govern your access to and use of our website.

10.2 If you are not completely satisfied with your order, you may email us to notify us of the product to be returned and send it back to us. The withdrawal period is 30 days from the date you or a third party other than the carrier, designated by you, acquired possession of the last product.

10.3 The return and associated costs are the responsibility of the customer.

10.4 We must have received the product for the customer to be eligible for a refund. We will inspect the returned product upon arrival.

10.5 You must ensure that the product is returned to us in the same condition as when you received it and that it is properly packaged. The product must be unused, with all tags intact and in its original packaging. If a product is returned to us in an unsuitable condition, we reserve the right to reject the return.

10.6 Our processing time for returns depends on your order.

10.7 If we are satisfied with the condition of the product you have returned, we will email you to approve your return. A refund will be promptly issued to the payment method used for the order after we notify you of the approval of your return.

10.8 The withdrawal is complete when we have received the physical goods.

10.9 As our goods are shipped from Asia, delivery times may be longer and are beyond our control. If the goods are already on their way to you, withdrawal is not possible. Please wait until you receive the goods and then send them back to us.

10.10 We cannot accept the return of goods if they are not received by us within 30 days of the delivery date. We will not issue a refund if the goods are not returned within 30 days of purchase.


12. Permitted Use
12.1 You must not use our website for the following "Prohibited Actions":
(a) Using the website in a way that causes damage to the website or affects its performance, availability, or accessibility;
(b) Using the website in an illegal, unlawful, fraudulent, or harmful manner, or for illegal, unlawful, fraudulent, or harmful purposes or activities;
(c) Using the website to copy, store, host, transmit, send, use, publish, or distribute any material linked to spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits, or other malicious software;
(d) Conducting systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our website without our express written consent;
(e) Accessing the website or interacting with it using robots, spiders, or other automated means;
(f) Violating the guidelines set out in the robots.txt file of our website;
(g) Using data collected from our website for direct marketing activities (including email marketing, SMS marketing, telemarketing, or direct advertising);
(h) Using data collected from our website to contact individuals, companies, or other entities;
(i) Using or interacting with the website’s infrastructure without authorization;
(j) Directly or indirectly using the website’s infrastructure to initiate, propagate, or attempt hacking attacks, or sending network messages that are bandwidth-intensive, malicious, or potentially harmful to devices not owned by us;
(k) Copying, publishing, modifying, translating, decompiling, disassembling, reverse-engineering, or otherwise attempting to determine the structure or source code of the website;
(l) Using or accessing the website to create a similar or competing product or service or to provide third parties with comparative studies or product comparisons;
(m) Selling, assigning, sublicensing, transferring, distributing, or renting your access to the website;
(n) Making the website available to a third party through a private computer network;
(o) Editing or modifying content or copies of material printed or downloaded from our website;
(p) Using the website in a manner prohibited by applicable law or regulations;
(q) Making unauthorized requests or orders; or
(r) Placing speculative, false, or fraudulent orders.

12.2 You agree to be liable to us for any damages, losses, liabilities, costs, or expenses we incur due to or in connection with any prohibited actions you commit or authorize.

12.3 You agree to notify us promptly if you become aware of any person engaging in a prohibited activity. You will provide us with reasonable assistance in any investigations we may conduct based on the information you provide.

12.4 You must ensure that any information you provide to us through our website:
(a) is true, accurate, up-to-date, and complete, and not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe upon privacy, confidentiality, intellectual property, or other rights of third parties; and
(d) is not offensive, abusive, defamatory, misleading, unlawful, or otherwise objectionable.

12.5 You must provide us with all documents or information requested to verify your identity and immediately update any information to ensure it is complete and accurate.

12.6 You must comply with all applicable laws related to your use of the website. It is your sole responsibility to ensure compliance.

12.7 Please email us if you become aware of materials or activities on our website that do not comply with these Terms and Conditions.

13. Links to the Website
13.1 Links from our website to other websites and resources provided by third parties are for informational purposes only. Links from our website to other websites and resources should not be considered as endorsements or approvals by us of those linked websites, resources, or the information you obtain from them.

13.2 You acknowledge and agree that we have no authority or control over the content of other websites and resources linked to or referred to on our website.

13.3 You may link to our homepage, provided you do so in a fair and lawful manner and do not damage our reputation or take advantage of it.

13.4 You must not establish a link in a way that suggests any form of association, approval, or endorsement on our part where none exists.

13.5 You must not create a link to our website on any website that is not owned by you.

13.6 You may not frame our website on any other website or create a link to any part of our website other than the homepage.

13.7 We reserve the right to withdraw linking permission without notice.

13.8 The website you are linking to must comply in all respects with the content standards set out in our acceptable use policy (see paragraph 12 above).

13.9 Please contact us for prior approval of any link to our website that does not comply with this paragraph 13.

14. Intellectual Property Rights
14.1 The code, structure, and organization of the website are protected by intellectual property rights.

14.2 We are the owner or licensee of all intellectual property rights on our website and the content and materials published on it. These works are protected by laws and treaties worldwide. All such rights are reserved.

14.3 You may use the website and its contents only for your personal, non-commercial purposes and in accordance with these terms and conditions. The content of the website includes information related to the products.

14.4 You agree to notify us of any suspected infringement of our intellectual property rights.

14.5 You must not use our trademarks without our prior written consent unless they form part of the material you use (and reproduce exactly) in accordance with paragraph 13.

15. Privacy
15.1 Our privacy policy is part of these terms and conditions, under which you may access and use our website.

15.2 We use cookies on our website. We also use cookies to monitor how our customers prefer to use our website. By accepting these terms and conditions, you also agree to the use of cookies for this purpose. For more information on cookies, please see our privacy policy.

15.3 If you provide us with your personal data, we will process it from time to time following your instructions and will take appropriate security measures to protect such personal data from unauthorized and unlawful processing, as well as from accidental loss, destruction, or damage.

15.4 Unless specific security measures are required or otherwise agreed in writing, information and documents generated in connection with the sale of products may be shared between us. Such information and documents may, in particular, be accessed electronically by our employees, officers, consultants, or agents.

16. Viruses
16.1 We do not guarantee that our website is secure or free from bugs or viruses.

16.2 You are responsible for taking appropriate security measures to protect your devices from viruses, trojans, and other malicious or harmful content.

16.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.

16.4 You must not attempt to gain unauthorized access to our website, the server on which it is stored, or any server, computer, or database connected to our website.

16.5 You must promptly notify us of any security breach or suspected security breach.

16.6 We reserve the right to take legal action against you if you breach these provisions, including terminating your use of our website immediately.

17. Liability
17.1 Nothing in these terms and conditions shall exclude or limit our liability for fraudulent conduct or for death or personal injury caused by our negligence.

17.2 We shall not be liable for any loss or damage that was not foreseeable when you used the website and/or the products.

17.3 We shall not be liable for any loss or damage arising from or in connection with the use of the website unless such loss or damage was caused by gross negligence or intentional misconduct on our part.

17.4 We shall not be liable for any loss arising from the inability to use the website or its services, including but not limited to the inability to order or deliver products.

17.5 We are not responsible for losses or damages caused by the use of viruses or other malicious content, or by your reliance on information published on our website.

17. Limitation of Liability
17.1 These provisions apply to our joint liability to you (including any third party to whom we are liable, with or without our consent) concerning a claim, whereby you and any other parties are jointly subject to only one claim from us concerning the same damage.

17.2 If a liability cap applies regardless of the amount, the limitation refers to the total provision of services or delivery of products by us, with no separate aggregate liability limits applicable to you, any company within your group, or any persons designated by a user within the group.

17.3 If we are jointly and severally liable to you with another party, we are only required to pay the portion reasonably attributable to our fault. We are not liable for portions attributed to another party's fault for which that party would otherwise be responsible.

17.4 Any liability we owe to you will be reduced by the portion for which another party would be liable if either: (a) you also pursue legal action or a claim against that other party; or (b) we initiate legal action against that other party under contribution or similar laws in another relevant jurisdiction.

17.5 When determining whether other parties are liable to you, it should not be considered that you cannot pursue legal remedies against another party because claims against them are time-barred, they lack the necessary funds, rely on exclusions or limitations of liability, or no longer exist.

17.6 The exclusions and limitations in these terms and conditions do not affect our liability:
(a) for death or personal injury resulting from our negligence;
(b) for fraud or gross violation of professional duties;
(c) for any other liability that cannot be excluded or limited under the laws of the relevant jurisdiction; or
(d) to limit liability to an amount less than the minimum required by applicable laws or regulations for the claim, in which case that minimum amount will replace the otherwise applicable amount.

17.7 These provisions constitute an exhaustive list of remedies available to any party or third party concerning these terms and conditions.

 

18 Compensation

18.1 You shall indemnify the indemnified parties on first request from any claims, costs, and losses of any kind that the indemnified parties may suffer or may potentially suffer, arising from (a) a material breach of your obligations under these terms and conditions, (b) fraud, negligence, misconduct, or gross disregard of your obligations under these terms and conditions, and (c) your use of our website, in full.

18.2 We have the right to demand reimbursement from you for all costs reasonably incurred by us in connection with an indemnified claim, and all such costs are payable upon request.

19 Force Majeure

19.1 If a force majeure event lasts for more than a week, we may terminate these terms and conditions by written notice without further liability, except for the refund of any amounts already paid for undelivered products.

19.2 We reserve the right to decide at our discretion how we will handle a force majeure event to fully comply with our obligations under these terms and conditions.

20 Amendments

20.1 We may amend these terms and conditions from time to time. We will notify you in advance of any material changes that we believe could be detrimental to you. We will inform you of changes to these terms and conditions. The current terms and conditions apply to your use of our website and any products offered through our website.

20.2 If you do not agree with the amended terms and conditions, you must stop using our website or purchasing our products.

20.3 If you have given your express consent to these terms and conditions, we will ask for your express consent to the revised terms before your first purchase of products after the amendment has taken effect. If you do not provide your express consent and acceptance of the amended terms within the timeframe specified by us, you must stop using the website or purchasing our products.

21 Your Breach

21.1 Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we have reasonable grounds to believe you have breached these terms in any way, we may (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) suspend the processing of an order; (d) refuse to accept a payment from you; or (e) permanently block your access to our website; (f) block access to our website from computers using your IP address; (g) contact all or some of your internet service providers and request them to block your access to our website; or (h) take legal action against you, whether for breach of contract or otherwise.

21.2 If we suspend, ban, or block your access to our website or part of our website, you must not take any action to circumvent such suspension, banning, or blocking.

22 Termination and Suspension

22.1 You may stop using the website at any time.

22.2 We may suspend the provision of the website at any time, with or without reason, and with or without prior notice.

22.3 Notwithstanding paragraph 22.2, we may suspend or terminate your access to the website if your use of the website is expected to result in any legal liability or disturb other users of the website.

22.4 If we suspend or terminate your access to the website, we will attempt to notify you in advance. However, we may, at our discretion, suspend or terminate your access immediately and without prior notice.

22.5 We do not guarantee that our website will always be available or uninterrupted. We may interrupt, suspend, withdraw, or restrict the availability of all or part of our website for commercial or operational reasons. We will make reasonable efforts to notify you in advance of such suspension or withdrawal. In the event of termination, suspension, withdrawal, or alteration of the website, you will not be entitled to compensation or any other payments.

23 Effect of Termination

23.1 Termination of these terms and conditions will immediately end any obligation to provide customer service.

23.2 Under no circumstances will you be entitled to compensation for the loss of rights, loss of goodwill, or other losses arising from the termination of these terms for any reason.

23.3 The termination of these terms and conditions will not affect any rights that have already accrued, nor will it affect provisions of these terms that are intended to remain in effect after termination, including clauses 17 (Liability) and 18 (Compensation).

24 General Provisions

24.1 You may not assign any of your rights under these terms and conditions.

24.2 The rights, powers, and remedies provided under these terms and conditions are cumulative and not exclusive of any rights, powers, and remedies provided by law or otherwise.

24.3 We outsource the hosting of the website to a third party.

24.4 If the validity or enforceability of any provision of these terms and conditions is restricted in any way by applicable law, such provision will remain valid and enforceable to the maximum extent permitted. The invalidity or unenforceability of such provision will not affect the validity or enforceability of the remaining provisions.

24.5 Failure to exercise any right, power, or remedy under these terms or by law will not constitute a waiver of that right, power, or remedy. If we waive a breach of any provision of these terms and conditions, this will not be deemed a waiver of any subsequent breach of the same provision or any other breach.

24.6 The exercise of the parties' rights under these terms and conditions is not dependent on the consent of third parties.

24.7 These terms and conditions are for our benefit and yours and are not intended to confer any benefit or be enforced by third parties.

25 Applicable Law

“Order” means the order you place on our website to purchase one or more products from us; “Order Confirmation” means the email we send you to confirm your order in accordance with paragraph 4.3 above; “Payment Processor” means any third-party payment processor we use; “Product” means any product offered on our website; “Website” means the website; “Website Infrastructure” includes all of our systems (including the code) that enable, provide, or describe the website.

26 Miscellaneous

26.2 References to “paragraphs” refer to paragraphs of these terms and conditions.

26.3 Headings are for convenience only and do not affect the interpretation or structure of these terms and conditions.

26.4 Words expressing the singular include the plural and vice versa. Words expressing a gender include any gender, and references to persons include individuals, corporations, entities, businesses, or partnerships.

Please email us if you have any questions or concerns regarding these terms and conditions, the website, or the products.

Where is my order?

In most cases, orders are delivered within the expected delivery time. Unfortunately, a delay may occur. If you have waited 3 additional days after the original delivery deadline and still haven’t received your order, please email us at: support@poppywillow.com

 

Returns: Return-and-Refund Policy

When can I expect my order to be delivered?

Once your order has been shipped, packages are generally delivered within 5–9 business days after shipment. The estimated delivery times for your country can be found on our shipping page.