TERMS & CONDITIONS
(A) To legally purchase any of our items you must be 18+ years of age at the time of purchase. By completing this sale you agree that you are 18+ years of age at the time of purchase. Popper Express is not responsible for customers who misrepresent their age.
(B) All sales are final. Popper Express will not refund for inadequate purchases or incompatibility issues. We do NOT offer any type of satisfaction guarantee.
(C) You agree that Locker Nine is not responsible for injury or any type of loss associated with the incorrect usage of any of our products
(D) Popper Express is not responsible for items being lost, stolen or broken in transit.
(E) You agree that the membership details you have provided upon joining our site are true and correct.
(F) You agree that you reside at the address that you have stated as your “Delivery” address. We do NOT ship to Business addresses and we will NOT deliver to your work place. It is your responsibility to provide a residential address for delivery. Failing to provide a residential address for delivery will mean delays in delivery and a possible cancellation and refund of your order. This condition is not negotiable.
(G) You agree that the address and phone number you have provided at the time of placing your order is correct and that you can be contacted on this number and this is your delivery address. You agree that Popper Express are not responsible for any changes made to your shipping / delivery address after an order has been placed. We cannot guarantee that any changes made to your telephone number or shipping address after your order has been placed will be adhered to or actioned. You agree to bare all costs associated with any return to sender or re shipping fees. You agree that no replacement of items shipped to an incorrect address will be supplied until the initial items are returned to us. In most cases we will work closely with our customers if there is a change of shipping address but we cannot guarantee that these changes will take place. Please note that it is the 'CUSTOMERS" responsibility to provide accurate delivery details at the time of placing your order.
(H) You agree that you are the Credit Card account holder and that you authorize all transactions made from your Credit Card via our website.
(I) You agree to receiving emails regarding your purchases and orders made through this website.
(J) You agree that our staff may contact you by phone at a pre arranged time to discuss security or order information.
(K) Popper Express in a combined effort with its Credit Card processing partners may perform but are not limited to the following actions in order to verify your Credit Card and Membership details to try and prevent fraudulent activity.
(1) We may contact you by phone to verify your membership details
(2) We may collect and store your IP address and use this to trace the location of the computer you are using to access our site.
(3) We may use an AVS or Address Verification Service to properly identify you and the Credit Card you are using.
(4) We may credit a particular amount onto the credit card you are attempting to use for any transaction with us to verify that you are the Credit Card Account holder.
(5) We may contact your issuing bank and ask that they do a follow up on any attempted transaction to make sure that you are the Credit Card owner.
(L) If any customer is found to be attempting to defraud Popper Express , we will immediately suspend your account and fully co operate with any banking agency or law enforcement group that may require information about this act. We will also immediately contact law enforcement officials in your area to report this act. We reserve the right to pass on and share any and all personal information that you have provided to us including membership details, phone numbers, emails and email addresses.
(M) Popper Express will not tolerate any type of verbal abuse by customers over the phone or via email. If you are found to be in breach of this policy your membership will be immediately terminated and never to be re instated.
(O) All orders of the Products placed by Customer shall be subject to acceptance by Popper Express .
(P) Pricing of the Products shall be as stipulated in the site's price lists available from time to time at the date of placement of orders by Customer.
(Q) These Terms and Conditions shall become the Contract when notice of acceptance by Popper Express of an order by Customer is sent to Customer which acceptance is at the discretion of Popper Express .
(R) Popper Express reserves the right to limit quantities of the Products purchased in any order.
(S) Pricing of the Products shall be as stipulated in the site's price lists available from time to time at the date of placement of orders by Customer.
(T) The Customer will be responsible for payment of all transport charges in association to the purchases on this site, unless expressly stipulated by Popper Express
(U) The Customer shall pay for the Products by using one of the payment methods available on Popper Express.
(V) Popper Express may deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate Contract and no default or failure by Locker Nine in respect of any one or more installments shall vitiate the Contract in respect of the products previously delivered or undelivered. In the event that Popper Express gives notice to Customer that it is unable to deliver any installment of the products, Customer shall be deemed to have accepted those installments already delivered but Locker Nine may reimburse the price of the undelivered products which have been paid for by Customer.If a customer fails to take delivery of the products or any part of them when they are made available or fails to provide accurate instructions, documents, licenses, consents or authorizations required to enable the products to be delivered, Popper Express shall be entitled, upon giving written notice to customer, to store or arrange for storage of the products, and then risk in the products shall pass to the customer, delivery shall be deemed to have taken place, and the customer shall pay to Locker Nine all costs and expenses (including storage and insurance charges) arising from its failure.
(W) Unless the customer notifies Popper Express to the contrary by telephone, facsimile transmission or e-mail within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the products shall be deemed to have been accepted by the customer as being in good condition and in accordance with the Contract. This does not include items "Damaged in Transit" as a strict 48 hour time limit applies to these claims
(X) In no event shall Popper Express be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under the contract, or from the furnishing, performance or use of any goods or service sold or provided pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or otherwise.Save that nothing herein shall limit Popper Express s liability for death or personal injury arising from its negligence, Popper Express shall not have any liability to you for indirect or punitive damages or for any claim by any third party except as expressly provided herein.
To the fullest extent permitted by law, Popper Express s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Popper Express to the following.
In the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
In the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(Y) Popper Express may update, or discontinue any products and/or revise prices for products listed as available items on this web site at any time.
Therefore, the customer agrees that changes between the shipped products and the products described in marketing materials (advertisements, catalogs, specification sheets etc.) may occur.
All orders are accepted on these terms, which supersede any other terms relating to the sale of the products appearing in Popper Express s web site or elsewhere and shall override any other terms referred to by the customer or in any course of dealing.
(Z) The customer agrees and warrants that the purpose of purchasing the products is for the customer's own internal use only, and not for resale.
Popper Express shall be entitled to refuse to accept orders placed by a customer if the customer breaches or Popper Express , on reasonable grounds, suspects that the customer will breach this warranty.
The customer shall not remove components from the Products for resale.
The customer agrees to comply with all applicable export laws, regulations and orders of Australia.
Specifically, but without limitation, the customer agrees that it will not re-export or ship, directly or indirectly, any products without first obtaining Popper Express prior written consent and the appropriate export or re-export licenses from the Government of Australia.
(1A)All Stainless Steel and Insertable toys are sterilized before shipping, but due to shipping and freight contamination, customers must ALWAYS re-sterilize and re-clean their Stainless Steel purchases before use. Locker Nine assumes No responsibility and will not be held accountable for Infections or damage caused as a result of non compliance.
(1B) Popper Express will not be held responsible in any way for International orders being held in Customs of the destination country or refused delivery by your local mail carrier. No refunds will be issued for parcels seized or held in Customs or refused delivery by your local mail carrier. The buyer agrees to accept all responsibility in these matters. If in the event a parcel goes missing, Popper Express will launch an investigation into the missing item. This will involve contacting Customs and the local mail carrier in both Australia and the destination country and if questioned we will disclose the contents of the parcel. This service is offered as a "Purchase at Own Risk" and you agree not to hold Popper Express responsible for such events. Popper Express will not refund or replace goods lost, seized or destroyed articles by local mail carriers or Customs officials. If an item is returned to us for non paid duties or taxes Popper Express will contact the customer to advise of the return. We will then gladly refund the amount of the goods minus the freight, customs charges and credit card fees charged to us at the time of the purchase. If an International item is returned to us as undeliverable mail we will contact the customer to organise the item to be reshipped. A storage fee of $5 per day will be charged to the customer up to the value of the goods, this fee will be waived if the customer contacts us to organise reshipping of the article before this time period. We will make every effort to contact the customer but if no contact has been made then after the amount of the goods have been exceeded by storage fees, Popper Express will accept ownership of the goods to do with as they please.
(1C) If in the event that a customer receives a wrong item or incorrect order, please firstly accept our most sincere apologies in advance as this was unintentional. If this is the case then customers must make initial contact to notify us of the error within 5 to 7 business days from receipt of the goods, anything outside this will be seen as acceptance of the goods by the customer. Customers must return the incorrect items or goods in "original" condition, "unopened" and "un used" If goods are not in this condition then this wil be seen as acceptance of the items by the customer. "Original" condition means that the goods must be in exactly the same state as they left our warehouse. "Unopened" and "Unused" means that all safety and tamper evident seals must be in place and the items must be in their original packaging to be considered for replacement or exchange. If the goods are returned to us in"Original" condition, "Unopened" and "Unused" then we agree to immediately exchange the goods and ship them to the customer at our expense, a 25% discount voucher will also be issued to compensate for the customer for the cost of the return shipping. We will not refund or exchange goods that are returned opened , not in original condition or used in this situation
(1D) You agree that order cancellation at anytime post processing will attract a 10% re-stock fee ( Australian Customers ) and 15% ( International Customers ) plus fees incurred if paying via credit card. AMEX will attract a 4% fee while VISA and MASTERCARD attract a 2.5% fee, this is taken from the order total inclusive of the shipping charges.
(1E) Popper Express shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond its reasonable control.
(1F) The Contract shall be governed by and construed under the laws of Victoria, Australia.
The parties hereto submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, being the place where Customer's order has been received and/or entered.
(1G) Parcels or items received by the customer as "Damaged in Transit" MUST be reported to Popper Express in writing within 48 hours of the goods being accepted and received unless circumstances make it impossible for the customer to do so . Any claim made outside this time period will not be entertained. If a customer does receive an item that has been damaged in transit, we require you to provide photographic proof and a full report of the incident. Once this information is received one of our staff will instruct the customer on what steps to take next to claim compensation. Popper Express will not replace or refund for goods "damaged in transit" as the goods left our warehouse in perfect condition and every care was taken including using adequate protective and packaging materials to pack and ship your goods. Damaged in transit items are the sole responsibility of the postal carrier and as such all claims for compensation must be directed to the carrier. Popper Express will assist the customer in making claims and in some cases we can initiate the claim for the customer.
(1H)You agree that It is the customers sole responsibility to make sure that your delivery details are correct at the time of checkout. You agree that you will not hold Popper Express responsible for returned or lost articles because of incorrect addresses. You agree that you, the customer, will accept full monetary responsibility for having the article reshipping to the correct address if they are returned to us as undeliverable mail. Every effort will be made to contact you in this event to organise reshipping and this may include, but not limited to, email contact and telephone contact. A $5 storage fee is charged per day for returned mail up to the value of the goods returned, once this cap is reached the goods then legally become the property of Popper Express to do with as we please. Please note that this fee will be waived if the customer contacts us to organise reshipping of the goods within this time frame. Please note that only under exceptional circumstances will a delivery address be changed or altered after customer checkout by our administration staff
(1I) In the event of extreme weather conditions ie: consecutive days over 35 degrees celcius in Melbourne. We may refuse to ship Leather Cleaners and Aromas for fear of safety concerns regardless of order status or priority handling fees paid. You agree not to hold Popper Express responsible for such events and you will not seek claims or damages as a result. This mainly applies to customers who have paid priority handling. Our duty is to get your goods to you in one piece not in a million little ones. You agree to trust the judgement of the Managing Director of the company in these extreme cases. In some cases we may offer customers a ship at "own risk" email. If accepted you agree to remove all responsibility from Popper Express and accept the goods in any way they arrive
(1J) We make every effort to make sure that the colour of an item you have chosen is in stock, but from time to time we do run out. In this event we will contact you, the customer, as soon as we know the color is out of stock to chose another color of your choice that is available at the time. If you do not reply to us with your choice of replacement color within 48 hours, you agree to let our staff chose a color for you. We reserve the right to upgrade any out of stock item in the event of product damage, out of stock or recall at our expense. We will make every effort to try and match or get as close to the original purchase colour, make, style as possible but we may be limited in choice at that time. Please note that color does not determine if an item is fit for purpose and does not detract from the overall performance of the item.
(1K) These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties hereto.
Any attempt to supplement or amend this document or to enter an order for the product(s) which is subject to additional or altered terms and conditions shall be null and void.
(1L) We understand that customers would like their order to be left or safe dropped. As a business we have decided to request every signature on ALL deliveries.
We haven’t made this decision lightly and has been made for the following reasons:
1. Australia Post no longer give any guarantee when an item is safe dropped and this not only cover’s us, it also covers yourself the customer.
2. We have unfortunately had a few people take advantage of the “safe drop” option.
3. This provides us with proof of delivery and additionally allows us to get a copy of the signature provided.
4. Mastercard, Visa, Amex, ALL require proof of delivery ie. Signature
We apologise if this creates any issues, however we are sure you can understand as to why we have made this decision. We have a duty and responsibility that your parcel arrives to YOU the customer.
(1M) Receiving a parcel that has Broken or Leaking bottles must be reported to our staff immediately upon discovery. To make a claim pictures must taken of all packaging, wrapping material and of course the bottle with the original security seals still in place. If the security seals are not in place and are not clearly visible in the image, we will not entertain any remedy as this will be seen as a sign of acceptance of the product by the customer.
(1N)We reserve the right to remove use of coupon codes to heavily discounted items at our discretion. Customers will be notified of any changes to this in our weekly email blast and whether or not a coupon can be used in conjunction with the offer.