Terms of service

PBL BRAND LIMITED: TERMS AND CONDITIONS

These terms and conditions (together with the documents, information, and policies referred to in these terms and conditions) ('Terms and Conditions') apply between the customer ('you') and the supplier, PBL BRAND Limited. These Terms and Conditions set out the legal terms that apply to your use of our website, poubel.com ('Website') and the purchase of products via the Website ('Products').

If you continue to use the Website or purchase Products, we will take this as your acceptance of these Terms and Conditions.

Note to business customers: these Terms and Conditions only apply to consumers ordering Products as consumers for their own domestic and private use. If you are ordering Products for any commercial, business or re-sale purpose, then a different set of terms apply (which can be accessed here: poubel.com).

1. Understanding these Terms and Conditions

1.1 Introduction. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide Products to you, how you and we may change or end your contract to purchase the Products you ordered, what to do if there is a problem, and other important information.

1.2 Interpretation. We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We recommend that you print or save a copy of these Terms and Conditions for your records. We may amend these Terms and Conditions from time to time at our sole discretion, so please check the Website regularly, and each time you purchase Products, to ensure you understand the legal terms and conditions that apply at that time.

1.3 Other terms. These Terms and Conditions should be read in conjunction with the following additional terms, which may also apply to you:

(a) Privacy Policy. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your personal data.

(b) Website Terms of Use. These set out the general terms that apply to your use of the Website.

2. About us

Who we are. We are PBL BRAND Limited ('Poubel', 'we' or 'us'). We are a company registered in England and Wales and our registered office is at Lynton House, 7-12 Tavistock Square, London, United Kingdom, WC1H 9BQ. Our company number is 14451725 and our VAT number is 440714322.

3. Products

3.1 Descriptions. We attempt to be as accurate as possible in the description of the Products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact our customer service team if you would like more information about a Product. The images of the Products are for illustrative purposes only, and although we attempt to display colours, dimensions or appearance accurately, we cannot guarantee that your computer's display of the images precisely reflect how the Products actually look. The packaging may also be different from that shown on the Website. If an item you have ordered is not as described, is flawed, or of a lower quality than would be reasonable to expect in the circumstances, you can return it to us. Please see section 7 below for details of how to arrange a return and our Return Policy for details of our warranty.

3.2 Changes in specification. On occasion the specification of the Products may change. If this does happen, we will do our best to contact you to offer you a substitute item of the same or better quality, at the same price. If you are not happy with the replacement item offered to you, we will refund you for the original unavailable item.

4. Ordering and prices

4.1 Placing orders for Products. To place an order to purchase Products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you have legal capacity to conclude the purchase, that you are an authorised user of the credit or debit card used to place your order and that you have sufficient funds available to cover the cost of your order.

4.2 Order details. The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate; we are unable to correct any orders once payment has been processed and your order has been accepted.

4.3 Order acknowledgement. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us. We may contact you to say that we have not been able to accept your order. This is typically for the following reasons:

(a) the Products are unavailable;

(b) your payment has not been authorised or confirmed;

(d) there is a mistake in the pricing or description of the Products as displayed.

4.4 Order acceptance. We will only accept your order when we email you to confirm this ('Order Confirmation'). The Order Confirmation will include a description of the Products purchased in the order and certain other information about your rights to cancel the contract (please see section 7 below for further information on your rights to cancel the contract). At this point, a legally binding contract for purchase of the Products will take effect between you and us ('Your Contract') and we will dispatch the Products to you.

4.5 Price changes. We reserve the right to change our prices at any time. Prices may be changed at any time before, but not after, we issue our Order Confirmation for the relevant Products.

4.6 Pricing and availability. Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price or description of any Products that you have ordered, we will inform you of this as soon as possible. You will then have the option to notify us as to whether you want to (1) reconfirm your order at the correct price or description; or (2) cancel your order. If we fail to receive your preferred option within a reasonable period, your order will be treated as cancelled and you will receive a full refund as soon as possible.

4.7 Delivery costs. Unless otherwise stated on the Website, delivery costs are not included in the Product prices and will be charged in addition. The delivery costs (which will include VAT) will vary depending on the Products that you have ordered and your delivery address. Please see the Delivery Policy for further details. The delivery costs applicable to your order will be displayed at checkout before you place your order.

4.8 International delivery costs and duties. Depending on your delivery address, different taxation rules and additional charges may apply. If the delivery address is outside the UK, you may need to pay import duties upon receipt of your order. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of your order. If they are not included, we do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information and a "landed cost estimate" before placing your order.

5. Payment

5.1 Prices. If you are viewing the Website from the UK, all prices are quoted in UK pounds sterling (GBP) and are inclusive of VAT (where applicable) but exclude delivery costs unless otherwise stated. For orders outside of the UK, VAT will be deducted from your order where applicable.

5.2 Time for payment. Payment must be made when placing the order.

5.3 Payment methods. We accept the credit and debit cards listed on the Website. We do not accept cash, cheques or alternative forms of payment.

6. Delivery

6.1 Delivery details. The delivery address and estimated delivery date of the Products will be stated in your Order Confirmation. We will try to ensure that your order is delivered by the estimated delivery date (if given), but you acknowledge that there may be circumstances where delivery is delayed or cannot be made because of events beyond our reasonable control as described in clause 9.9.

6.2 Delivery times. Delivery times may vary depending on the availability of the Products and your delivery address. Delivery times, including for "same day" delivery, are estimates only and cannot be guaranteed. You may receive your order in separate deliveries.

6.3 Optional delivery services. In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

6.4 Arranging for redelivery. If no one is available at your address to sign for or receive your order (and no safe spot is provided or available), our delivery partner will leave you a note and you will need to contact them to rearrange delivery.

6.5 International delivery. There may be restrictions on some Products for certain international destinations, so please review the information on that page carefully before placing an order. If you purchase Products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see clause 4.8 for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the Products are destined and we recommend you check with your local customs authority before placing an order. We will not be liable or responsible should your order be held or delayed in customs or for any corresponding customs authority's charges.

6.6 Proof of identity. We may not be able to deliver your order if our delivery partner is unable to properly identify you (including your age). You may be asked to provide our delivery partner with a form of ID (e.g. passport of driving licence) on delivery.

6.7 Title and risk. Title in respect of the Products will pass to you when the Products have been paid for in full or upon delivery to you (whichever is the later). Risk in the Products will pass to you on them being delivered to the address specified by you when you placed your order. We cannot accept any claim for damage to or deterioration of Products after the delivery has been properly made. We accept no liability for failure to deliver any Products where you have provided an incorrect or invalid delivery address and/or if you fail to collect the order when made reasonably available to you.

7. Returns and right to cancel

7.1 Before you return any Product. If you suspect that the Product delivered to you may be faulty, please check before you return it. Many of our Products are technical in nature and it is possible that an item can appear faulty when the user fails to correctly follow the provided instructions for its proper installation, set-up or use. Where you have any technical questions in respect of your Product, we can provide you with guidance over the phone.

7.2 General information on returns and cancellation. Please see our Returns Policy for information on returns and exchanges. For further information on cancelling your order, please see below.

7.3 Right to cancel. Depending on where you live, you may have a legal right to cancel your order under UK consumer legislation or similar mandatory laws in your own country. Where you are based in the UK or European Union ('EU') and order Products at a distance through this Website or by phone, you may have a legally specified 'cooling-off' period to change your mind ('cooling-off period'). During such cooling-off period, you may cancel your order prior to delivery or, you may return any delivered Products for any reason, subject to the remainder of this clause 7.

7.4 Cooling off period (UK only). If you are a UK based consumer, you can cancel your order or Your Contract without giving any reason for up to 14 days after the day on which you receive the Products. However, for some Products, you do not have the right to cancel or you may lose the right to cancel in certain circumstances. Please see clause 7.6 for more information on orders which you cannot cancel.

7.5 How to cancel. If you want to cancel your order or Your Contract as described above, you must let us know before the cooling-off period has expired. This can be done (1) by email, providing your name, address and order reference or (2) by completing and returning the cancellation form at the end of these Terms and Conditions and sending it by email (see our Contact page for details).

7.6 Orders which you cannot cancel. You do not have or may lose the right to cancel as described under clause 7.2 and 7.3 in respect of the following (although this does not affect your rights under these Terms if any Products are faulty or your other statutory rights as a consumer):

(a) Products in a single order where your total order payment was £42.00 GBP or less;

(b) Products that are made to your own specifications or which are clearly bespoke;

(d) If you unseal Products that were sealed for hygiene protection reasons.

7.7 Return of Products. If you cancel your order (or part order) or Your Contract with us within the cooling-off period as specified in this clause 7, you must return the Products(s) within 14 days after the day on which you notify us of the cancellation and ensure the item(s) comply with the conditions of our Returns Policy. Furthermore, the following terms will also apply:

(a) returns are at your own cost, unless we offered free returns when you placed your order for the Products with us. You should keep a receipt or other evidence from the delivery service that proves you have returned the Products. If you fail to do this and we do not receive the Products back in full, we may not be able to issue a refund;

(b) we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which we received and authenticated your return, or if earlier, the day on which we receive evidence that you have returned the Products to us.

(c) we will make the refund using the same payment method you used to make your purchase. We only refund standard delivery costs; we don't refund any extra you have paid for express delivery or delivery at a particular time.

(d) we may inspect the returned Products and if we reasonably determine that the value of the returned Products has been diminished as a result of your handling of them beyond what is necessary to establish the nature, characteristics and functioning of those Products, we may withhold from any refund, a corresponding amount in respect of such lost value up to the price you paid for those Products;

and

(e) the taxes and import duties (if applicable) will be refunded to you if they were originally included in the purchase price. If they were not included, then you will be responsible for reclaiming duty directly from your local customs office.

8. Liability

8.1 Liability. If, in providing the Products to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of such breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is 'foreseeable' if it was an obvious consequence of our breach of these Terms and Conditions or if it was reasonably anticipated by you and us at the time you ordered the Products. However, in all cases we do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) our fraud or fraudulent misrepresentation; or

8.2 No liability for commercial use. If you are a customer who has ordered Products in the course of your business or trade, then the relevant provisions that apply to exclude or limit our liability are as set out in our business customer terms and conditions.

9. Other important information

9.1 Your rights. As a consumer, you may have certain mandatory legal rights in respect of any Products you order from us. Nothing in these Terms and Conditions will affect these legal rights.

9.2 Promotions. We may change the terms of special offers or promotions, or withdraw them altogether, at any time and without prior notice to you. Any promotional offer will only be valid whilst stocks last and are subject to availability.

9.3 Updates to these Terms and Conditions. We may change or supplement these Terms and Conditions (including any supplemental terms referred to in these Terms and Conditions) from time to time, at our sole discretion. The terms which apply to your order will be those in force at the time you use the Website.

9.4 Assignment and other dealings. We may at any time transfer our rights or delegate performance of our obligations under these Terms and Conditions to any of our group companies or authorised contractors upon written notification to you or general notice on our Website without your prior consent although this will not adversely affect your existing legal rights.

9.5 Severability. Each of the clauses, sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses, sections and paragraphs will remain in full force and effect.

9.6 Waiver. If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you of Your Contract, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

9.7 Third parties. Your Contract formed under these Terms and Conditions is between you and us. No other person shall have any rights to enforce its terms.

9.8 Entire agreement. Your Contract under these Terms and Conditions constitutes the entire agreement between you and us and they supersede any and all earlier terms, conditions or agreements between you and us.

9.9 Events outside of our control. To the maximum extent legally permitted, we will not be liable or responsible under these Terms and Conditions for any delay or failure to: (1) deliver your order; or (2) perform any of our obligations to you if such failure or delay is caused by an event outside of our control. Such an event includes but is not limited to any: act(s) of God, accidents, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, adverse or severe weather, earthquakes or other natural disasters, break-down, interruption of transport, government action, pandemic, or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of Products to you, we will contact you as soon as possible to arrange a new delivery date after the event is over. Where such an event means that we are unable to deliver an order you have placed or delivery is delayed for a period of 90 days or more, either you or us may cancel the order on written notice and any amounts you have paid for the Products will be refunded to you as soon as possible

9.10 Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments, please let us know via our Contact page.

9.11 Governing law and jurisdiction. Anything related to your order, use of the Products, Your Contract, or these Terms and Conditions are governed by English law. To the fullest extent permitted by law, the courts of England shall have the jurisdiction over any dispute or claim relating to these Terms and Conditions. However, the first two sentences of this clause 9.11 in respect of governing law or jurisdiction shall be disapplied to the extent that mandatory applicable law in the country where you live states that you have a right to make claim under local law or jurisdiction.

Last updated: 23 July 2024

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