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TERMS & CONDITIONS 

These terms, conditions and notices (these "Terms & Conditions") apply when you shop with us or use the POAN Limited website located at www.poan.com (the “Website”).

By using the Website (including accessing and br owsing) and/or placing an order, you are agreeing to all of these Terms & Conditions (including without limitation our Terms of Use, Terms of Sale and Privacy Policy).  We therefore recommend that you read these Terms & Conditions carefully and save a copy of them for future reference. If you do not agree with all of these Terms and Conditions, you may not use any portion of the Website.

Please also visit our Help pages (which also form part of these Terms & Conditions) for more practical information on Delivery and Returns.

We amend our Terms & Conditions and Help pages every so often and keep them updated so please remember to check these Terms & Conditions periodically and take notice of any changes we may have made as the latest set will apply. 

1. ABOUT US

The Website is owned and operated by POAN Limited (London) Limited a company registered in England and Wales under company number 09982582 with its registered office at Fourth Floor, 23 Queens Gate, London, United Kingdom, SW7 5JE (“POAN Limited”).

If you place an order for delivery of products to an address within the UK and Isle of Man, you will contract with POAN Limited. If you place an order for the delivery of products to an address within the European Union (excluding the Republic of Ireland), you will contract with POAN. If you place an order for the delivery of products to an address anywhere else in the world (including the Channel Islands and the Republic of Ireland), you will contract with POAN.

Unless we say otherwise, “we/us” refers to POAN Limited, POAN or POAN, as the context requires.

Other members of the POAN Limited Group may be involved in providing certain services available through the Website to you. All members of the POAN Limited Group are intended to benefit from POAN Limited’s rights under these Terms & Conditions, but are not parties to these Terms & Conditions.

 

2. YOUR USE OF OUR SERVICES

These Terms & Conditions, along with our Terms of Use govern your use of the Website, regardless of how you access the Website, including any technologies or devices by which we make the Website available to you at home, in store or on the move. The Website is provided for your personal and non-commercial use. They also govern our use of any text, images, graphics, videos, photos, pictures, artwork, ideas, materials, or other information (including without limitation comments, blogs, feedback, reviews, suggestions, questions) (“User Content”) you post onto the Website, affirmatively agree we can use, or otherwise disclose or submit to us.

Please take the time to read these carefully, as they form part of our binding contract, and include important legal terms and conditions which apply to you.

3. CREATING AN ACCOUNT

In order to access certain services on the Website, you may be required to provide specific information. When you create an account we will ask you to provide us with certain personal information and create a password to maintain your account security.

Please take care to ensure that the information you give us is truthful, complete, accurate and up to date. You may not use aliases or other means to mask your true identity.  You can update or correct your details at any time by going to Your Account. 

Take a look at our Privacy Policy for more details on how we will use your personal information.

Please remember to keep your password secret and ensure that you do not use the same password for multiple websites.  You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use and/or any purchases or activities made under such passwords. We strongly recommend that you use a password that is difficult for others to guess. The National Cyber Security Centre publishes guidance on this.

We will never, for any reason, ask you to send us the following information in an email:

  • Your national insurance number
  • Your bank account information, credit card number, PIN number or credit card security code
  • Your date of birth or any other information that could be used to identify you
  • Your POAN Limited Website password

If you do receive an email which purports to be from us and asks you to hand over sensitive personal information, please report this to Action Fraud. Whilst we have no direct power to stop these sorts of scams, should you become aware of or suspect any unauthorised use of your password or account, please Contact Us straight away.

We may suspend or terminate your access at any time with or without notice.

4. HOW WE USE YOUR INFORMATION

Please review our Privacy Policy for information about how we use your personal data (whether provided through the Website, in-store or otherwise).

Please review our Cookie Notice for information on how we use cookies.

 

5. TERMS OF SALE

Our Terms of Sale apply to any order you place on the Website, regardless of how you access the Website.

By placing an order through the Website, you confirm that you have read, understood and agree to our Terms of Sale in their entirety. If you do not agree to our Terms of Sale in their entirety, you must not order any product or service through the Website. Please therefore take the time to read our Terms of Sale carefully, as they form part of our binding contract, and include important legal terms and conditions which apply to you.

 

6. PRODUCT INFORMATION AND PRICING

The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete.

Please take the time to read our Terms of Sale carefully.

 

7. USER GENERATED CONTENT POLICY (SOCIAL MEDIA RELEASE)

You are responsible for any and all social media posts, content, materials or other information (including without limitation graphics, logos, marks, images, likenesses, photographs, code, videos, clips, GIFs, biographical information, usernames, pseudonyms, social media handles, text, comments, blogs, feedback, reviews, suggestions, or questions) (“User Content”) that you post on our Website, tag to or post on any POAN Limited related third party social networking site, or otherwise disclose or submit to us.

When you post any User Content on our Website, tag to or post any User Content on any POAN Limited related third party social networking site, or otherwise disclose or submit any User Content to us you agree to our Terms of Use including the terms of our 'User Generated Content Policy'. If you do not agree to our Terms of Use or the terms of our 'User Generated Content Policy' you should not post any User Content on our Website, tag to or post any User Content on any POAN Limited related third party social networking site, or otherwise disclose or submit any User Content to us. 

We reserve the right to amend our Terms of Use and the terms of our User Generated Content Policy at any time, so please check our Website each time you tag or upload any User Content.

 

8. DISCLAIMERS

WHILE POAN LIMITED USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, POAN LIMITED MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. FURTHERMORE, POAN LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND “AS AVAILABLE”. POAN LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE OR THE CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POAN LIMITED DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POAN LIMITED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE THE RIGHT EQUIPMENT (INCLUDING ANTIVIRUS SOFTWARE) TO USE THE WEBSITE AND TO DO SO SAFELY.

POAN LIMITED SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL POAN LIMITED BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website. 

 

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless POAN Limited, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

 

10. CHANGES TO THESE TERMS & CONDITIONS

In order to provide you with the best products and experience our services are constantly evolving. We will therefore, from time to time, need to make changes to our Terms & Conditions (including our Terms of Use, Help Pages, and Promotional Offers).

The changes will be effective immediately upon posting to the Website, and by continuing to use the Website, you will be deemed to accept any such variations. If you are not happy with the changes we make, you are free to stop using the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Changes will not affect past purchases, which will be subject to the Terms & Conditions (including the Terms of Sale) in force at the time that you ordered the relevant products from us, unless any change is required by law, in which case it may apply to order previously placed by you.

 

11. CUSTOMER SERVICE

If you have any concerns about material which appears on our site, or any problems with our Website, products or services, or if you would simply like further information regarding our products or service, please contact our Customer Services department and we’ll do everything we can to help.

You can contact us by email on customerservice@poan.com, you can call us on +44 (0)7310 484 295.

Alternatively you can write to us at POAN Limited Customer Services, Fourth Floor, 23 Queens Gate, London, United Kingdom, SW7 5JE (“POAN Limited”).

Our Customer Service hours are:

Monday - Saturday: 12pm – 8 pm

Sunday - Closed

 

12. GENERAL INFORMATION

These Terms & Conditions, together with any documents, policies or information linked or otherwise referenced in them, constitute the entire agreement between you and us.

We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions by reasons, events or other matters beyond our reasonable control.

We reserve the right to take such action as we think appropriate in the event that you breach these Terms & Conditions. If we do not exercise a right available to us under these Terms & Conditions, this does not constitute a waiver of our rights. Our rights and remedies under these Terms & Conditions and any other applicable agreement between us and you, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

If any provision of these Terms & Conditions is held invalided, void or unenforceable by a court or regulator, that term will be severable and rendered ineffective and will not affect the validity and enforceability of the remaining terms of this agreement.

You may not assign or otherwise transfer this agreement or any rights or obligations under it without our prior written consent. We may assign or transfer this agreement, or any rights or obligations under it, on reasonable notice to you.

You and POAN Limited are independent contractors, and nothing in this agreement will create a partnership, joint venture, agency, franchise, sales representative or employment relationship between us.

All provisions in these Terms & Conditions, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.

These Terms & Conditions and the relationship between you and us shall be governed by English law and the English courts shall have exclusive jurisdiction over any dispute.

 

TERMS OF SALE

These Terms of Sale (as well as our Terms & Conditions and Terms of Use) apply to any order you place on the POAN website located at www.poan.com (the "Website"), regardless of how you access to the Website. Before ordering anything from us, please read these Terms of Sale carefully and make sure you understand them. We recommend that you save a copy of them for future reference.

IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PLEASE DO NOT ORDER ANY PRODUCT OR SERVICE THROUGH THE WEBSITE.

We amend these Terms of Sale from time to time in order to provide you with the best products and experiences and to comply with changes in relevant laws and regulatory requirements and such changes shall apply to any purchases made after such changes are posted on the Website. It is your responsibility to check these Terms of Sale periodically for changes. Every time you order from us, the Terms of Sale in force at the time of your order will apply to the contract between you and us.

These Terms of Sale supersede all previous agreements and understandings between us.

Words defined in the Terms & Conditions, shall have the same meaning in these Terms of Use.

 

1. PLACING AN ORDER

In order to purchase products or services from our Website, you must be a consumer, over the age of 18 and the age of majority in your jurisdiction of residence, and be able to lawfully enter into a binding contract.

Our Website will guide you through the steps you need to take to place an order with us.

You can select products from our ranges without obligation and collect them in a shopping basket by clicking the ‘Add to Bag‘ button. You can then proceed to complete the order process within the shopping basket by clicking on the ‘Checkout‘ button. Here, you must enter all required data in the fields provided for this purpose, such as your name, e-mail address and shipping address.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

By clicking on the ‘Pay Now‘ button, you are placing an order with us and making a binding offer to purchase the goods in your shopping basket. Once you have completed the online checkout process you will not be able to make any changes to your order, so please make sure that everything is correct before clicking the ‘Pay Now’ button.

When placing an order you confirm that you are a consumer, you are at least 18 years old and the age of majority in your jurisdiction of residence, you are lawfully able to enter into a binding contract with us, he payment method used to place your order is valid (and you are an authorised user), you have sufficient funds to cover the cost of your order and that and all details you provide to us are true and accurate.

 

2. OUR CONTRACT

When you have completed the ordering process, we will send you an automatic confirmation of receipt of your order by e-mail. This email will include your order number, details of the products you have ordered from us and your selected delivery method. Our automatic confirmation of receipt email is not our acceptance of your order. It is simply confirmation that your order has been received by us.

Please note that all orders are subject to acceptance and availability. In order to provide you with the best products and experience, we continually revise and upgrade our products and services. We may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable at any time without notice. We shall have no liability of any kind if a product or service that has been ordered is unavailable.

If we are unable to accept your order, for example because products are out of stock, because products are incorrectly priced or described, or because we are unable to satisfy delivery, we will inform you of this by email as soon as possible and will not charge you for the applicable goods.

We will confirm our acceptance of your order to you by sending you an email that confirms that products you have ordered have been dispatched ("Dispatch Confirmation").

The contract between us will be formed on the later of the date on which we send you the Dispatch Confirmation, and the date on which we received payment in full. Only products dispatched will be included in the contract between us.

If you have ordered products for delivery to an address in the UK and Isle of Man, your contract will be with POAN Limited. If you have ordered products for delivery to an address in the EU (excluding the Republic of Ireland), your contract will be with POAN Limited. 

Orders for multiple items may be dispatched separately. You should receive a separate Dispatch Confirmation email for each shipment. Each Dispatch Confirmation email will constitute a separate contract between us in relation to the products which are the subject of that Dispatch Confirmation.

 

3. PRODUCT INFORMATION, PRICES AND DELIVERY COSTS

Unless otherwise stated, all prices stated on our Website are displayed in GBP Pounds Sterling, are inclusive of VAT (or similar sales taxes) where applicable, at the prevailing rate and are subject to change without notice.

If your credit/debit card or payment method is not denominated in the currency of your order, as indicated on the Website, the final price may be charged in the currency of your card or account. Such final price will be calculated and charged by your card issuer, bank or payment method provider. We shall not be responsible for any costs, expenses, charges or other liabilities incurred or suffered by you which are applied by your card issuer, bank or other payment method provider as a result of our processing of your payment.

Depending on the value of your order, your delivery address or selected delivery method, delivery costs may be charged in addition to the stated product price. Please see the Delivery section below for further details.  Any additional delivery costs will be clearly shown to you during the ordering process and included in the total cost.

Any products ordered prior to any markdowns or discounts offered will be charged at the price advertised on the date of order, irrespective of the price advertised on the date of despatch.

We try to ensure that the colours of our products are displayed as accurately as possible on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are UK sizes. 

Whilst we use all reasonable care to ensure that all details, descriptions, prices and other information displayed on the Website are accurate, our Website contains a large number of products and it is always possible that, despite our efforts some errors may occur. We reserve the right to correct any errors, inaccuracies or omissions (whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise) and to change or update advertised prices or other information on the Website at any time without prior notice.

Further, we reserve the right to correct any errors or mistakes in pricing even if we have already requested payment. If we discover that a product's correct price is less than the advertised price, we will charge you the lower amount. If we discover that a product's correct price is higher than the advertised price, we will tell you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we can’t get in touch with you, we will treat the order as cancelled. If you have already paid, we will refund you in full.

4. HOW TO PAY

You can pay for products on our Website using any one of the following methods: debit card, credit card, Paypal, Pay with Klarna, Google Pay, Apple Pay or any other methods clearly indicated on our Website from time to time. Please note that you cannot currently purchase Gift Cards using Klarna or PayPal.

When you click on the “Pay Now’” button, you authorise us to charge your payment method for your purchase. Where you choose to pay by credit/debit card payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent. By submitting an order through the Website, you authorize either us or our designated payment processor to charge the account you specify for the purchase amount in the specified currency.

When you use a credit/debit card, you confirm that the card being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it and that all information you provide to us in connection with your use of such credit/debit card are complete, accurate and valid. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion.

All credit/debit card transactions are subject to standard pre-authorisation and validation checks by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal. If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

If you choose to pay by Paypal, you will be directed to the PayPal site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.

If you choose to pay by Klarna, you will be directed to the Klarna site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site. Unfortunately paying with Klarna is not available in POAN retail stores at this time. You cannot, therefore, return or exchange an item that was purchased using Klarna in store.

If you choose to pay by PayPal, Klarna or Google, their terms and privacy policies will apply. Please make sure that you read these carefully before proceeding. For more information, please visit our FAQs.

We are not responsible for any charges or other amounts applied by your card issuer, bank or other payment method provider as a result of our processing of your payment. In addition, we disclaim any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.

 

5. DELIVERY

You will be offered the ability to choose from various delivery options, during the checkout process and before you finalise your order. You will be shown the delivery charges and estimated delivery times, depending on your delivery address. Any delivery charges will also be shown, itemised on your confirmation of receipt email.

Unfortunately, we are not able to offer all delivery options to all locations, even within the UK. For information on our delivery options, including the applicable charges, estimated delivery times and any postcode restrictions that might apply please see the Delivery section of our Help Pages.

We will take reasonable care to despatch your order to the carrier or shipping company in accordance with the estimated delivery times set out on in the Delivery section of our Help Pages. However, unless otherwise stated on the Website, delivery times are estimates and are not guaranteed. If your delivery is delayed by an event outside our control e.g., because of postal/carrier delays, logistics or bad weather, or for other reasons related to ensuring the health and safety of our team, we will keep you updated as best we can and will take steps to minimise the effect of the delay. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind.  

Orders will be sent to the delivery address entered at checkout. We cannot be held responsible if that delivery address is incorrect or incomplete. Unfortunately, our processes do not allow us to make any changes to the delivery address after the order has been placed, so please do check carefully before completing the online checkout.

We cannot accept any liability for any delivery instructions (e.g., to leave your package in a garage, or with a neighbour) which you give to the delivery company, or for any deliveries to collection points.

If you have any questions concerning delivery of your order, please contact our Customer Services department within 30 days of the date on which your order should have been delivered and we will do our best to help.

 

6. OWNERSHIP

The products will become yours once they have been delivered and you have paid for them in full. They will become your responsibility from the time we, or our carrier deliver them to the address you gave us when you placed your order.

 

7. TAXES, CUSTOMS AND IMPORT CLEARANCES

We deliver to addresses within the UK, Isle of Man, Channel Islands and EU on a DDP (delivered duty paid) basis. This means that all import taxes and duties as well as applicable VAT (or similar sales taxes) will be included in the final price of your order.

If your order is to be delivered anywhere else in the world, we operate on a DDU (delivered duty unpaid) basis. This means that any import duties, clearance fees, or other taxes, fees or charges will need to be paid by you. These charges are set by the local tax or customs authorities of the destination country. If you are unsure about whether these duties, taxes and charges might apply to your order, you should contact your local tax or customs authorities.

 

8. RETURNS

If you are not completely happy with any item and wish to return it to us for an exchange or refund, please refer to our Returns and Refunds Policy.

If you think something might be wrong with your item please see ‘Faulty Items’ below.

If you are a UK/EU customer and you wish to cancel your entire order, please see ‘Cancellation Policy (Right to Cancel) below. 

 

9. FAULTY ITEMS

If you believe your item is faulty, defective or not as described and wish to exercise your legal right to reject it, you will need to post the item back to us, or (if it is not suitable for posting) allow us to collect it from you so that it can be assessed by our returns team. We will pay for the costs of postage.

Please contact Customer Services who will be able to direct you further on how to return your item to us.

Please bear in mind that all items are inspected on return, and those with wear and tear rather than a fault may not be refunded in full.

 

10. CANCELLATION POLICY (RIGHT TO CANCEL)

If you are a UK/EU consumer, you have a legal right to cancel your order, for any reason, within 14 days of the date on which you, or a third party other than the carrier and indicated by you, received your order.

The right to cancel does not apply to personalised goods; or sealed items which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery (such as underwear, swimwear, toiletries, or pierced earrings).

If you wish to exercise this right, you will need to inform us of your decision in writing e.g., by a letter sent by post, or by email to the address set out in our Customer Services section below before the cancellation period has expired. The date on which you notify us of your decision to exercise your right to cancel is the Cancellation Date.

You may use the cancellation form below, but this is not obligatory.

Model cancellation form

To: Returns Department, POAN Limited, Fourth Floor, 23 Queens Gate, London, United Kingdom, SW7 5JE

E-mail: customerservice@poan.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods:
- Ordered on (*)/ Received on (*): - Date:
(*) Delete as appropriate

If you exercise your right to cancel:

  • You must send the products back or hand them over to us without undue delay and in any event no later than 14 days from the Cancellation Date.
  • You are responsible for the cost of returning such products unless your order is eligible for free returns. Please see our Returns Help pages for further details.
  • We shall reimburse to you all payments received from you, including the costs of standard delivery charges incurred (if any), without undue delay and in any event no later than 14 days after we receive the products, or proof of return from you, whichever is earlier.
  • We will make such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
  • We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

If you do not wish to cancel your order and just want to return some of the items in your order you can return them in accordance with out standard return policy.  Please see our Returns and Refunds Policy for details.

 

 

13. DISPUTES

The EU Commission provides an online dispute resolution platform (“ODR Platform”) for disputes regarding items bought online. The EU Commission ODR platform can be accessed here: http://ec.europa.eu/odr

For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK).

 

14. CUSTOMER SERVICE

If you have any concerns about material which appears on our site, or any problems with our Website, products or services, or if you would simply like further information regarding our products or service, please contact our Customer Services department and we’ll do everything we can to help.

You can contact us by email on customerservice@poan.com, you can call us on +44 (0)7310 484 295.

Alternatively you can write to us at POAN Limited Customer Services, Fourth Floor, 23 Queens Gate, London, United Kingdom, SW7 5JE (“POAN Limited”).

Our Customer Service hours are:

Monday - Saturday: 12pm – 8 pm

Sunday - Closed

 

15. GENERAL INFORMATION         

Contracts for the supply of goods formed through our Website or as a result of visits made by you are governed by these Terms of Sale.

We will not be liable for any delay or failure to perform or comply with our obligations under these Terms of Sale by reasons, events or other matters beyond our reasonable control.

If any provision of these Terms of Sale is held invalided, void or unenforceable by a court or regulator, that term will be severable and rendered ineffective and will not affect the validity and enforceability of the remaining terms of this agreement.

All provisions in these Terms of Sale, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.

We may revise these Terms of Sale at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Sale may also be superseded by provisions or notices published elsewhere on our Website.

These Terms of Sale are governed by English law and the English courts shall have exclusive jurisdiction over any dispute. However, if you live in another country, mandatory laws in your country may apply.

 

TERMS OF USE

These Terms of Use apply to the POAN Limited website located at www.poan.com (the "Website"). The Website is the property of POAN Limited("Peoples Of All Nations") and its licensors. We recommend that you read these carefully and save a copy of them for future reference. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE.

In order to provide you with the best products and experiences, our services are constantly evolving. We therefore reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Terms defined in the Terms & Conditions, shall have the same meaning in these Terms of Use.

 

1. YOUR PROMISES

You confirm that you are over the age of 18 and can lawfully enter into a binding contract.

Without limiting any other provisions of this Terms of Use, you agree:

  • to access and use the Website solely for your own, personal, non-commercial use;
  • not to use the Website for anything unlawful;
  • to ensure that any information or details you provide to us are truthful, accurate, complete and up to date;
  • to take all reasonable steps to safeguard the security of your account, including keeping your password confidential;
  • to take responsibility for access to the Website from your computer or mobile device and the activities and purchases that occur under your account or password;
  • you will not, knowingly or negligently, cause the Website to be impaired, interrupted or damaged, including without limitation promising to take all reasonable steps to avoid introducing, transmitting or distributing any viruses, malware, Trojan horses, worms, or other malicious or technically harmful items to our systems or other users;
  • you will not corrupt any data or cause any nuisance, annoyance or inconvenience to us, our customers or our other users of the Website or our services, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use;
  • you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website;
  • you will not frame portions of the Website within another website or application; and
  • You may not resell use of, or access to, the Website to any third party without our prior written consent.

 

2. OUR SITE

Except where otherwise specified, the content on the Website is displayed solely for the purposes of promoting the availability of our products and services in the UK. We may accept orders for delivery to locations outside of the UK, subject to certain practical restrictions, and your compliance with local customs, legal and regulatory requirements.

Access to our Website is permitted on a temporary basis. We may withdraw or amend the service we provide on our site without notice. We may also temporarily suspend your access to the Website for operational, regulatory or legal reasons, or in order to carry out maintenance, repairs, upgrades or to remove, add or alter our services. We will not be liable if our site is unavailable at any time or for any period for any reason.

Whilst we hope not to do so, we reserve the right to refuse any request made by you, and to close or cancel your account at our sole discretion.

 

3. MAKING A PURCHASE

All product purchases are governed by our Terms of Sale. Please take the time to read these, as they include important legal terms and conditions which apply to you.

 

4. HOW WE USE YOUR INFORMATION

Please review our Privacy Policy for information about how we use your personal data. Please review our Cookie Notice for information on how we use cookies.

 

5. HOW WE WILL COMMUNICATE

You agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications made between us electronically satisfy any legal requirements that such notices be made in writing.

We will primarily communicate with you by email at the e-mail address you have provided to us. It is your responsibility to ensure that you are able to receive emails from us. We will also, from time to time, provide information to you by way of a notice on the Website.

You acknowledge that you will communicate electronically with us by using the details found on our Contact Us page here.

Any notices sent by email, will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to us or to you at the address held on your account will be deemed to have been received on the next working day (being a day other than a Saturday, Sunday or public holiday in England). Any notices provided on the Website will be deemed to have been received by you the next time you use the Website and are presented with the notice.

 

6. USER GENERATED CONTENT POLICY

You are solely responsible for any and all social media posts, content, materials or other information (including without limitation graphics, logos, marks, images, likenesses, photographs, code, videos, clips, GIFs, biographical information, usernames, pseudonyms, social media handles, text, comments, blogs, feedback, reviews, suggestions, or questions) (“User Content”) that you post on our Website, tag to or post on any POAN Limited related third party social networking site, or otherwise disclose (directly or indirectly) to us.

When you post any User Content on our Website, tag to or post any User Content on any POAN Limited related third party social networking site, or otherwise (directly or indirectly) disclose any User Content to us you agree to our Terms of Use including the terms of this User Generated Content Policy. If you do not agree to our Terms of Use or the terms of this User Generated Content Policy you should not post any User Content on our Website, tag to or post any User Content on any POAN Limited related third party social networking site, or otherwise disclose (directly or indirectly) any User Content to us. 

You may only post, distribute or disclose User Content that you created or which the owner of the User Content has given you permission to post, distribute and disclose. By posting User Content to the Website, tagging to or posting any User Content on any POAN Limited related third party social networking site, or otherwise (directly or indirectly) disclosing any User Content to us you represent and warrant that (a) you own all the rights to the User Content or are authorized to use and distribute the User Content and (b) the User Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

You further promise that any User Content which you post on our Website, tag to or post on any POAN Limited related third party social networking site, or otherwise disclose (directly or indirectly) to us:

  • will not contain any profanity, blasphemy, racist, sexually explicit, sexually gratuitous, obscene, spiteful, or discriminatory comments or otherwise inappropriate language (“masked” or otherwise);
  • is not abusive, menacing, harassing, threatening, or is otherwise injurious, illegal or objectionable to us or any other person;
  • does not promote or encourage violence;
  • does not contain remarks that repeat criminal accusations, or false, defamatory or misleading statements, or hate speech;
  • is not and will not breach any third parties’ privacy, publicity or intellectual property rights (such as by including music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
  • does not include comments about other reviewers or bloggers;
  • does not include material which impersonates others or includes personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
  • is not spam or unsolicited advertising / promotional material or any other form of solicitation;
  • does not breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
  • does not include third party brand names or trademarks;
  • does not contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • does not include information about POAN Limited suppliers or manufacturers;
  • does not violate any other applicable law, statute, rule or regulation.

You also promise and guarantee that:

  • you are 18 years or older;
  • you own all rights in and to your User Content;
  • if your User Content contains any material that is not owned by or licensed to you or which is subject to third party rights, you have obtained all releases, consents and/or licenses necessary to permit our use of your User Content;
  • if any person(s), other than yourself, are identifiable in the User Content, they are over 18 years of age and you have obtained their lawful permission to grant us the rights specified in this User Generated Content Policy (we may require you to provide us with proof of permission);
  • our use of your User Content will not violate the rights of any third party or any law
  • your User Content complies with our Terms & Conditions (including these Terms of Use) and the third-party social networking sites’ terms of use, as applicable.

We are under no obligation to screen or monitor User Content. We may review User Content from time to time in our sole discretion and will make all determinations as to what User Content is appropriate in our sole discretion. We may edit or remove any User Content at any time without notice.

We have no obligation to use your User Content but so that we can, if we choose to, by posting any User Content on our Website, tagging any User Content with #poan #peoplesofallnations, and/or @peoplesofallnations and responding to a message from us, or otherwise (directly or indirectly) disclosing any User Content to us:

  • You grant us a non-exclusive, irrevocable, royalty free, perpetual, worldwide licence and all necessary permissions and/or consents required (with full right to sub-license) to use, reproduce, display, perform, publish, distribute, exploit, adapt, and promote your User Content on our Website, and in any other medium now known or invented in future, including without limitation on any of our related social media accounts unless prohibited by law.
  • you agree that we may combine your User Content with other materials and may copy, edit, crop, adapt, alter, enhance, modify, translate and create derivate works of your User Content and may distribute, broadcast, transmit, display and otherwise use the User Content in any manner in our sole discretion. Once you post, tag, or otherwise disclose (whether directly or indirectly) User Content to us, we do not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. We shall own all right, title, and interest in any compilation, collective work, or other derivative work created by, or on behalf of us using or incorporating your User Content.
  • To the extent permitted by law, you agree to waive any moral rights in the User Content to which you are now or may be at any future time entitled in any jurisdiction and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights include the execution of deeds and documents, at our request.
  • We have the right to disclose your identity to any third party who is claiming that any User Content posted on our Website, or any POAN Limited related third party social networking site, constitutes a violation of their intellectual property rights, their right to privacy, or is otherwise considered menacing, abusive, threatening or illegal. You agree to indemnify us if any third party takes action against us in relation to any such User Content.

If you (or anyone in your User Content) asks us to remove any User Content, we will remove or take steps to remove such User Content from our Website, email and in-store advertising and all social media accounts that we control. However, you understand that other users of social media platforms can share and make use of the User Content once posted.  In particular, a user of these platforms can take a screenshot of and save an image of the User Content to their device, share the User Content on social media platforms or websites which feature the User Content (and sharing capabilities).

Finally, we do not accept any unsolicited ideas from outside our organisation including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you. 

We reserve the right to amend this User Generated Content Policy at any time, so please check back here each time you tag or upload any User Content. 

 

7. INTELLECTUAL PROPERTY RIGHTS

All rights, including without limitation all copyright, design right, trademarks, database rights and other intellectual property rights in and to the Website and all products and services available through the Website (including without limitation all text, images, graphics, artwork, photographs, videos, audio clips, sounds, logos, user interfaces, visual interfaces, button icons, digital downloads, data compilations, software and computer code (“Content”) together with the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content) are owned by, or licensed to, POAN Limited.

Some materials on the Website belong to third parties who have authorized us to display the materials, such as logos, trademarks and other proprietary materials.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials

POAN Limited, and any other registered and unregistered names and/or marks and/or branding used in connection with the Website, or any products and services available through the Website, are the property of the POAN Limited. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar, without our prior permission.

As long as you comply with these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, revocable, royalty free license to access and make personal and non-commercial use of the Website. Any right not expressly granted is reserved. Without limitation to this reservation of rights, this license expressly excludes:

  • modifying, editing, copying, reproducing, distributing, transmitting, communicating to the public, publishing, selling, renting, leasing, or creating any derivative works from any of the content made available via the Website
  • modifying, translating, reverse engineering, decompiling, disassembling or creating any derivative works from the Website
  • deep linking to the Website, without our express written consent
  • the use of framing or similar techniques
  • the use of meta tags or other tags
  • the use of data mining, robots, crawlers or any similar automated systems, software or data gathering and extraction tools to extract and/or utilise data from the Website
  • the unauthorised collection and use of ratings, feedback, listings or other information of the Website.

This license and your right to use the Website automatically terminates if you breach any of our Terms & Conditions.

If you believe that your rights have been infringed by the Website or any of its contents, or you wish to report any inappropriate content, please contact us here.

Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms of Use are reserved by POAN Limited.

 

8. MISUSE OF OUR WEBSITE

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

You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision and/or intentionally damaging the Website or any other POAN Limited platform, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

9. LINKING TO AND FROM OUR WEBSITE

We may provide links to the websites of affiliate companies and other third parties via the Website. Other websites may also reference or link to our Website.

We do not control such third parties, or their websites or services. We do not promise or endorse anything in respect of them, and have neither examined, nor evaluated them. We accept no liability whatsoever for any content, advertising, products, services or other materials on or available from such third parties, or their websites. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. Any dealings by you with any third party on or through the Website shall be solely between you and that third party and we shall not be deemed to be acting as an agent in any such dealings.

You may link to our home page, providing you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not:

  • create a link to any part of our Website other than the home page
  • frame our Website on any other website without our permission
  • establish a link from any website that is not owned by you, or in such a way as to suggest any form of association, approval or endorsement on our part where none exists
  • establish a link from any website that is not owned by you.

The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please contact our Customer Services team who will be happy to help.

 

10. GENERAL INFORMATION

We will not be liable for any delay or failure to perform or comply with our obligations under these Terms of Use by reasons, events or other matters beyond our reasonable control.

If any provision of these Terms of Use is held invalided, void or unenforceable by a court or regulator, that term will be severable and rendered ineffective and will not affect the validity and enforceability of the remaining terms of this agreement.

All provisions in these Terms of Use, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of this agreement.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

These Terms of Use are governed by English law and the English courts shall have exclusive jurisdiction over any dispute.