Terms & Conditions

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are House of Pom Pom Studio Ltd whose trading name is House of Pom Pom, a company registered in England and Wales under number 17149631, whose registered office is at 124 City Road, London, EC1V 2NX, with email address hello@houseofpompom.com (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

2. Contract means the legally-binding agreement between you and us for the supply of the Goods;

3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

8. Website means our website www.houseofpompom.com on which the Goods are advertised.

Goods

1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. Due to the handmade nature of our products, each piece is entirely unique and minor natural variations are not considered defects.

2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3. All Goods which appear on the Website are subject to availability.

4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

1. We retain and use all information strictly under the Privacy Policy.

2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

4. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.

Price and Payment

1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

2. Prices and charges include VAT at the rate applicable at the time of the Order.

3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

1. We offer free worldwide shipping on all orders. Any applicable import duties or local taxes for international deliveries are the responsibility of the customer and are not covered by us.

2. We will deliver the Goods to the Delivery Location without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods; or delivery on time is essential taking into account all relevant circumstances at the time the Contract was made; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

4. If you treat the Contract at an end, we will promptly return all payments made under the Contract.

5. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them. 

Withdrawal, Returns and Cancellation

1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

2. This is a distance contract which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights do not apply to goods that are made to your specifications or are clearly personalised, or goods which are liable to deteriorate or expire rapidly.

3. Please note that, due to the nature of our products and for hygiene reasons, we are unable to accept returns or exchanges unless an item is faulty or has been damaged in transit. Each piece is carefully inspected before dispatch. If your earrings arrive damaged or you believe there is a manufacturing defect, please contact us within 48 hours of delivery at hello@houseofpompom.com with your order details and a photograph of the issue.

Right to Cancel

1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier acquires, physical possession of the Goods.

3. To exercise the right to cancel, you must inform us of your decision by a clear statement (eg by email to hello@houseofpompom.com). You must be able to show clear evidence of when the cancellation was made.

Effects of Cancellation in the Cancellation Period

1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Timing of Reimbursement

1. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back any Goods supplied, or (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

2. We will make the reimbursement using the same means of payment as you used for the initial transaction.

Returning Goods

1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. You agree that you will have to bear the cost of returning the Goods.

Conformity, Guarantee and Warranty

1. We have a legal duty to supply the Goods in conformity with the Contract. Upon delivery, the Goods will: be of satisfactory quality; be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us; and conform to their description.

2. It is not a failure to conform if the failure has its origin in your materials or results from improper care, handling, or failure to follow our care instructions.

3. In addition to your statutory rights, House of Pom Pom offers a 6-month warranty against manufacturing defects on all earrings, beginning from the date of delivery. This warranty covers defects in materials or workmanship (for example, a fault with the hoop or how the pom pom has been secured to it).

4. The warranty does not cover: damage resulting from normal wear and tear; damage caused by improper care, contact with water, perfume, cosmetics or chemicals; accidental damage; loss; minor natural variations; or failure to follow the care instructions provided.

5. To make a warranty claim, please contact us at hello@houseofpompom.com within 6 months of the delivery date, providing proof of purchase and a photograph of the defect. Where the warranty applies, we will offer a replacement or appropriate resolution at no cost to you.

6. This warranty is in addition to, and does not affect, your statutory rights under the Consumer Rights Act 2015.

Successors and Our Sub-Contractors

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

1. In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

2. These Terms and Conditions should be read alongside, and are in addition to, our Privacy Policy and Cookies Policy, available at www.houseofpompom.com.

3. We are a Data Controller of the Personal Data we Process in providing Goods to you. We will comply with our obligations imposed by the Data Protection Laws, including: identifying the purposes for which information is being collected before or at the time of collection; only Processing Personal Data for those purposes; respecting your rights in relation to your Personal Data; and implementing technical and organisational measures to ensure your Personal Data is secure.

4. For any enquiries or complaints regarding data privacy, you can email: hello@houseofpompom.com.

Excluding Liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer.

Governing Law, Jurisdiction and Complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

3. We try to avoid any dispute. If you have a complaint, please contact us in the first instance at hello@houseofpompom.com and we will do our best to resolve the matter promptly.