Terms & Policies
Terms, Policies & Conditions
Important legal terms for using this website and placing orders with Popper Express
1. Acceptance of Terms
These Terms, Policies and Conditions of Use govern your access to and use of the Popper Express website, any associated services, and any purchases made through this website.
By accessing this website, creating an account, submitting an order, or otherwise using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
If you do not agree with these Terms, you must not use this website or place an order with Popper Express.
2. Adult Use Only
This website, its products, and any adult-oriented content made available through it are intended strictly for adults aged 18 years and over.
- You must be at least 18 years old to access, browse, register for, or purchase from this website.
- By using this website, you represent and warrant that you are at least 18 years of age and legally permitted to access the content and purchase the products in your location.
- We reserve the right to request age verification, refuse service, cancel orders, suspend accounts, or restrict access where we reasonably believe this requirement is not satisfied.
- You must not allow any minor to access your account, order history, saved payment information, or products purchased from this website.
3. Permitted Use of the Website
You may use this website only for lawful purposes and in accordance with these Terms.
- You must not misuse the website, interfere with its operation, attempt unauthorised access, or use any automated tools, scraping systems, bots, or data harvesting technology without our prior written consent.
- You must not submit false, misleading, abusive, defamatory, obscene, unlawful, or infringing content through this website or in communications with our staff.
- You must not use the website or our products in connection with any unlawful, unsafe, deceptive, exploitative, or prohibited activity.
- We may refuse service, restrict access, suspend accounts, cancel orders, or take further action where we believe there has been misuse, abuse, fraud, or unlawful conduct.
4. Account Responsibility
- You are responsible for ensuring that your account information, delivery address, contact details, and payment details are accurate and kept up to date.
- You are responsible for maintaining the confidentiality and security of your account credentials.
- You accept responsibility for all activity carried out through your account unless you notify us promptly of unauthorised use.
- We may suspend or close an account at our discretion where we reasonably believe there has been fraud, misuse, abusive conduct, repeated failed deliveries, unlawful activity, or a breach of these Terms.
5. Product Information and Intended Use
We aim to ensure that product descriptions, images, specifications, pricing, availability, and other content on this website are as accurate as reasonably possible. However, all content is provided for general information only and may contain minor errors, omissions, or variations.
- Products must be used only in accordance with the manufacturer’s instructions, warnings, care directions, and intended purpose.
- You are solely responsible for reading all product information before purchase and before use.
- We do not warrant that any product is suitable for your particular preferences, expectations, compatibility requirements, or personal circumstances unless expressly stated in writing.
- Any use of a product outside its intended purpose, outside manufacturer instructions, or in a way that is unsafe, unlawful, or negligent is entirely at your own risk.
- Unless expressly stated otherwise, product information on this website does not constitute medical, therapeutic, psychological, legal, or professional advice.
6. Orders and Contract Formation
- Placing an order constitutes an offer by you to purchase the selected products subject to these Terms.
- An order confirmation email acknowledges receipt of your order only and does not constitute acceptance.
- A binding contract is formed only when your order is dispatched, or when we otherwise confirm acceptance in writing.
- We reserve the right to refuse, limit, hold, or cancel any order at any time before dispatch for reasons including, but not limited to, suspected fraud, pricing error, stock issue, product restriction, age-verification concerns, payment issue, system error, repeated delivery problems, or suspected breach of these Terms.
- Once an order is placed, changes may not be possible. Any request to amend an order is at our absolute discretion and may be refused.
You are responsible for ensuring all order details, product selections, delivery information, and contact information are complete and accurate before completing checkout.
7. Pricing, Payment and Fraud Prevention
- All prices displayed on the website are subject to change without notice.
- We reserve the right to correct pricing errors, typographical errors, description errors, promotional errors, or system errors at any time.
- You warrant that you are authorised to use the payment method submitted for the order.
- Orders may be held for verification or cancelled if we reasonably suspect fraud, chargeback abuse, unauthorised payment use, reseller abuse, unusual order activity, or other risk indicators.
- You agree to contact us first to attempt resolution before initiating a chargeback or payment dispute where there is a genuine service issue that can reasonably be resolved directly.
- Where a chargeback or payment dispute is found to be false, misleading, abusive, or fraudulent, we reserve the right to dispute it fully and to refuse future service.
- For fraud prevention, compliance, and dispute management, we may retain and use transaction records, IP data, device data, shipping data, account history, and correspondence to the extent permitted by law and our Privacy Policy.
8. Shipping, Delivery and Risk
- Dispatch timeframes and delivery estimates are indicative only and are not guaranteed.
- Orders are shipped to the address provided at checkout. Delivery details cannot usually be changed after the order is placed.
- You are solely responsible for any loss, delay, cost, or issue arising from inaccurate, incomplete, outdated, inaccessible, unsafe, or undeliverable address information supplied by you.
- Any reshipping fees, return-to-sender fees, storage fees, or additional delivery charges caused by address errors, refused delivery, or non-collection are your responsibility.
- We may use third-party carriers and fulfilment providers. Once an order has been dispatched, delays or scanning events may be outside our control.
- Risk in the goods passes to you on dispatch or on delivery to the address supplied by you, subject always to any rights that cannot lawfully be excluded.
- If tracking shows that a parcel has been delivered, completed, or collected, we are not responsible for theft, loss, or misplacement occurring after that point, including where goods are accepted by another person at the delivery address or left in accordance with delivery instructions.
We may restrict or refuse delivery to certain addresses, institutions, regions, or high-risk destinations at our discretion.
9. International Orders
Where international shipping is offered, you are solely responsible for ensuring that the products may lawfully be imported, possessed, and used in your destination country, state, territory, or region.
- You are the importer of record unless otherwise stated.
- You are responsible for all duties, taxes, customs charges, brokerage fees, licensing requirements, and regulatory compliance obligations.
- We are not responsible for customs seizure, refusal, delay, destruction, confiscation, or return of goods due to local laws or enforcement decisions.
- No refund, replacement, or compensation is payable for customs action, border refusal, or destination-country restrictions except where required by law.
10. Returns, Change of Mind and Faulty Products
Due to the intimate and personal nature of many products sold on this website, and for hygiene, safety, quality assurance, and resale reasons, change-of-mind returns are not accepted unless we expressly agree otherwise in writing.
Without limiting the above, we do not accept returns or provide refunds for:
- Incorrect selection by the customer.
- Compatibility issues, preference issues, or dissatisfaction where the product is not faulty.
- Opened, used, worn, activated, tampered-with, or hygiene-sensitive goods, except where required by law.
- Products damaged through misuse, neglect, improper storage, unauthorised modification, failure to follow instructions, or use outside intended purpose.
If you believe a product is faulty, damaged on arrival, or not as ordered, you must notify us within a reasonable time and provide any information reasonably requested by us, including photographs, video, batch details, packaging information, and a description of the issue.
We reserve the right to inspect the product, request its return where appropriate, and determine whether the issue arises from a manufacturing fault, transit issue, misuse, or other cause. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy that cannot be lawfully excluded under the Australian Consumer Law or any other applicable law. Where a law implies a condition, warranty, or guarantee into these Terms and permits us to limit our liability, our liability is limited to the maximum extent permitted by law.
12. Promotions, Bonus Items and Store Credit
- All promotions, bonus items, discount offers, gift incentives, bundle inclusions, loyalty rewards, or store credit offers are subject to availability and may be withdrawn, varied, corrected, substituted, or cancelled at any time.
- Promotions cannot be redeemed for cash unless required by law.
- Where an order is refunded, cancelled, or reversed, any associated bonus item, promotional credit, or store credit may be removed, adjusted, or cancelled accordingly.
- We may refuse or cancel promotions where misuse, duplication, fraud, technical error, or unauthorised sharing has occurred.
13. Privacy and Data Handling
We collect, use, store, and disclose personal information in accordance with applicable privacy laws and our Privacy Policy. By using this website and placing an order, you consent to our handling of your information as described in our Privacy Policy and as reasonably necessary to process transactions, provide customer support, prevent fraud, comply with legal obligations, and operate the website.
You acknowledge that certain service providers such as payment processors, fraud screening tools, carriers, hosting providers, and technology platforms may process information on our behalf or as independent controllers in accordance with their own terms and privacy practices.
14. Website Content, Intellectual Property and Restricted Material
- All website content, including text, graphics, branding, layout, code, product descriptions, images, logos, videos, and downloadable material, is owned by or licensed to Popper Express and is protected by intellectual property laws.
- You must not copy, reproduce, republish, scrape, distribute, modify, exploit, mirror, or commercially use any part of the website without our prior written consent.
- You must not upload, submit, transmit, or request any unlawful, exploitative, non-consensual, abusive, or prohibited sexual content through our systems.
- We reserve the right to remove content, block users, report conduct, and cooperate with law enforcement or regulators where we reasonably believe content or behaviour is unlawful, abusive, harmful, or otherwise prohibited.
Any user-generated content you submit to us must be lawful, accurate, non-infringing, and suitable for publication. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, and display such content for business and promotional purposes.
15. Third-Party Services and Links
This website may use or link to third-party websites, services, payment gateways, carriers, plugins, analytics tools, or platforms. We are not responsible for the availability, content, practices, accuracy, or terms of any third-party service. Your use of third-party services is at your own risk and may be governed by separate terms and policies.
16. Disclaimers, Limitation of Liability and Indemnity
To the maximum extent permitted by law, this website and its content are provided on an “as is” and “as available” basis. We do not warrant that the website will be uninterrupted, secure, error-free, compatible with your device, or free from delays, outages, viruses, or other harmful components.
To the maximum extent permitted by law, Popper Express excludes liability for any indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of profits, loss of opportunity, loss of data, reputational damage, personal embarrassment, emotional distress, or business interruption arising out of or in connection with your use of the website, the purchase or use of products, delayed delivery, third-party services, or reliance on website content.
Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law and, where applicable, to re-supplying the goods, replacing the goods, repairing the goods, or paying the cost of doing so.
You agree to indemnify and hold harmless Popper Express, its owners, officers, employees, contractors, affiliates, and service providers from and against any claim, demand, loss, liability, cost, or expense arising from your breach of these Terms, your misuse of the website or products, your unlawful conduct, your infringement of any rights, or your negligent or wrongful acts or omissions.
17. Events Beyond Our Control
We are not responsible for delay, interruption, failure, or inability to perform where caused by events outside our reasonable control, including carrier disruptions, customs action, industrial action, cyber incidents, systems failures, stock shortages, import restrictions, natural disasters, public health events, government action, telecommunications failure, or force majeure events.
18. Changes to These Terms
We may update, amend, or replace these Terms at any time by publishing an updated version on this website. Your continued use of the website after any change takes effect constitutes acceptance of the updated Terms.
19. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the laws of the Commonwealth of Australia applicable in Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
20. Contact Us
If you have any questions about these Terms, your order, or our policies, please contact Popper Express through the contact details listed on our website.
We may require verification of identity before disclosing account or order information.
Final Note
By using this website or placing an order with Popper Express, you acknowledge that you have read, understood, and agreed to these Terms, Policies and Conditions of Use.
