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Terms & Conditions

Poppy - Terms & Conditions

Welcome to Poppy. By accessing our website, subscribing to our furniture or using our rental services, you agree to be bound by the following terms and conditions. Please read them carefully.

1. Definitions

The following definition and rules of interpretation apply in this contract.

  • Poppy refers to the company operating the Furniture rental service.
  • Customer refers to any person or entity that rents furniture from Poppy.
  • Services refers to the furniture rental services provided by Poppy.
  • Products refers to the furniture items rented by the customer.
  • Business Day: a day, other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
  • Contract: the Contract between Poppy and the Customer for the supply of the Furniture in accordance with these terms and conditions.
  • Customer: the person who hires the Furniture from Poppy as described in the Order Form.
  • Delivery: the transfer of physical possession of the Furniture to the Customer at the Delivery.
  • Delivery Date: the date when the Furniture is due to be delivered to the Delivery Location as set out in the Order Form or shall otherwise be agreed between the parties in writing.
  • Delivery Location: the place or location set out in the Order Form.
  • Deposit: the deposit amount (if any) set out in the Order Form.
  • Discount: The discount or reduction applied to Poppy’s standard Rental Payment(s) as set out in the Order Form.
  • Furniture: the items of Furniture listed in the Order Form, all substitutions or replacements of such Furniture and all related accessories provided for it.
  • Installation Charges: where payable, as set out in the Order Form, all substitutions, or replacements, of such Furniture and all related accessories provided for it.
  • Order Form: the order form submitted by the Customer to Poppy via the online portal requesting the Furniture.
  • Rental Payment(s): the payments made by or on behalf of the Customer for hire of the Furniture.
  • Rental Period: the period of hire as set out in clause 2 (Rental Period).
  • Total Loss: The Furniture is, in Poppy’s opinion, damaged beyond economic repair, lost, unavailable for inspection, stolen, seized or confiscated.
  • VAT: value-added tax or any equivalent tax chargeable in the UK or elsewhere.
  • 1.2 A reference to a stature, or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
  • 1.3. A reference to writing or written includes email, but not fax.
  • 1.4 Any words following the terms including, include, in particular, for example, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term, preceding those terms.

2. Acceptance of Terms

Poppy shall rent the furniture to you for use by you at the Delivery Location, subject to these terms and conditions.

The Rental Period starts on the date of delivery and shall continue for the period as specified in your Order Form unless terminated earlier in accordance with these terms and conditions.

You will be responsible for any Furniture you hire through our online platform, including compensating Poppy for any loss or damage to the Furniture. You will also be responsible for any damage you cause to other people or property when you use the Furniture.

By using Poppy’s services, you agree to these Terms & Conditions. If you do not agree, you must not use the services.

3. Eligibility

Customers must be at least 18 years of age to subscribe to Poppy’s services. By entering into this agreement, you confirm that you are legally capable of entering into binding contracts.

4. Acknowledgement of your order

The Order constitutes an offer by you to hire the Furniture in accordance with these terms and conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.

The Order shall only be deemed to be accepted when we accept the Order, at which point the Contract shall come into existence.

You waive any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any of your documents that is inconsistent with these terms and conditions.

Any samples, drawings or advertising produced by us and any descriptions or illustrations contained on our Website or online platform are produced for the sole purpose of giving an approximate idea of the Furniture referred to in them. They shall not form part of the Contract nor have any contractual force.

A quotation for the Furniture given by us shall not constitute an offer. A quotation shall only be valid for a period of 14 days from its date of issue.

To enable us to process your Order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your Order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a Contract between us.

All Orders are subject to the Customer's credit approval by Poppy. Poppy reserves the right to refuse any Order identified in any quotation and/or modify the payment terms identified therein.

5. Ownership of Rights

All rights, including copyright, in this Website are owned by or licensed to Poppy Furniture Ltd. Any use of this Website or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything from Poppy for any purpose.

6. Availability

Orders are subject to acceptance and availability. If the Furniture you have ordered are not available from stock, we will contact you by email or phone (if you have given us details).

You will have the option either to wait until the Furniture is available from stock, swap the Furniture with a suitable alternative (at the sole discretion of Poppy and subject to availability) or to cancel your Order.

7. Subscription Plans

Poppy offers various subscription plans that allow Customers to rent furniture for an agreed duration.

  • Subscription Fees: Customers agree to pay the subscription fees as outlined on the Poppy website.
  • Subscription Duration: The subscription period will begin on the delivery date and continue for the agreed duration unless terminated as per Section 10.

8. Ordering errors

You are able to correct errors on your Order up to the point on which you click on “submit enquiry” during the ordering process.

9. Price

The prices payable for the Furniture that you order are as set out on our Website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

10. Rental Payment(s), Installation Charges, Deposit and Total Loss

Any Rental Payment(s) quoted by Poppy to the Customer shall only be valid for 14 days and shall only relate to the specific Rental Period quoted for.

Where a Discount is applied to the Rental Payment(s), that Discount is conditional upon the Customer paying all Rental Payment(s) on or before the due date for payment. If any Rental Payment(s) is not made on or before its due date for payment, the Discount shall be dis-applied and the late Rental Payment(s) together with all other Rental Payment(s) payable under the Contract shall be adjusted accordingly.

The Customer shall pay the Rental Payment(s) and any Installation Charges to Poppy in accordance with the Order Form. The Rental Payment(s) shall be paid in sterling and shall be made by bank transfer to the bank details as referenced in the Order Form.

Time for payment of all sums due to Poppy shall be of the essence. The Customer may also pay the Rental Payment(s) and other payments due under the Contract by way of debit or credit card. Poppy reserves the right to charge any debit or credit card supplied by the Customer with Rental Payment(s) or other charges payable to Poppy from time to time.

The Rental Payment(s) (is)are exclusive of all costs and charges of packaging, insurance (if applicable) and transportation of the Furniture, which shall be invoiced to the Customer.

The Rental Payment(s) are exclusive of VAT and any other applicable taxes and duties, or similar charges, which shall be payable by the Customer at the rate and in the manner from time to time prescribed by law.

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If the Customer fails to make a payment due to Poppy under the Contract by the due date, then, without limiting Poppy’s remedies under clause 16 (Termination), the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.

Interest under this clause will accrue each day at 4pc a year above the Bank of England's base rate from time to time, but at 4pc a year for any period when that base rate is below 0pc.

The Deposit is a deposit against default by the Customer of payment of any Rental Payment(s), and other payments which are payable by the Customer to Poppy pursuant to these terms and conditions or any loss of or damage caused to the Furniture. The Customer shall where set out in the Order Form on or before the date of the Contract, pay the Deposit in cleared funds to Poppy. If the Customer fails to make any Rental Payment(s), or any other payment due, in accordance with the manner required in the Order Form, or causes any loss or damage to the Furniture (in whole or in part), Poppy shall be entitled to apply the Deposit against such default, loss or damage. The Customer shall pay to Poppy any sums deducted from the Deposit within ten (10) Business Days of a demand for the same. The Deposit (or balance thereof) shall be refundable within twenty Business Days of the end of the Rental Period. If it is not possible to obtain full payment of the Deposit from you, then we can refuse to process your Order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

The Customer shall be liable for the full replacement cost of Furniture which is deemed a Total Loss in addition to all Rental Payment(s) due under this Contract in respect thereof.

The Customer shall be liable for the cost of cleaning and reinstating the Furniture if it is soiled or damaged whilst in the possession or control of the Customer. Where, in the opinion of Poppy, the cost of cleaning and reinstating the Furniture is uneconomic (by way of example only, where holes are drilled into the Furniture, or where stickers or graphics are attached), Poppy will determine that the Furniture affected will be a Total Loss, whereupon clause 10 shall apply. Keys not returned or delivered up to Poppy at the end of the Rental Period will be charged to the Customer at the rate of £25.00 per key.

Once the Furniture has been returned to Poppy on expiry or termination of this Contract, the returned Furniture will be assessed by a member of Poppy’s team for any damage caused. A reasonable level of wear and tear is permitted but the Customer will be charged for any more significant damage. If the Furniture is damaged beyond repair, the Furniture will be deemed a Total Loss. Poppy shall notify the Customer within 14 business days from receiving the Furniture back from the Customer of the outcome of their assessment in respect of the returned Furniture. The Customer shall be liable for the full replacement cost of Furniture which is deemed a Total Loss in addition to all Rental Payment(s) due under this Contract in respect thereof. Any amounts payable will be deemed due within 14 days of the Customer being notified by Poppy.

The Rental Period starts on the Delivery Date and shall continue for the Rental Period unless this Contract is terminated earlier in accordance with its terms.

10.1 A soft credit check: (i.e. not recorded on your credit file as a check undertaken) will be undertaken by us prior to actioning and commencing this Agreement. We use Experian for this.

11. Delivery & Installation

11.1 Delivery Dates: Poppy will arrange a mutually convenient delivery date.

11.2 Installation: Poppy offers installation services with each delivery.

11.3 Risk of Loss: Responsibility for the rented furniture items passes to the Customer upon delivery and remains with the Customer until the furniture is collected by Poppy.

12. Risk and Ownership

The Furniture shall at all times remain the property of the lender, and the Customer shall have no right, title or interest in or to the Furniture (save the right to possession and use of the Furniture subject to these terms and conditions).

The risk of loss, theft, damage or destruction of the Furniture shall pass to the Customer on Delivery. The Furniture shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Furniture is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Furniture is redelivered to Poppy. During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:

(a) insurance of the Furniture to a value not less than its full replacement value (such value shall never be less than six times the Rental Payment(s) due in respect of that Furniture) comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as Poppy may from time to time nominate in writing;

(b) insurance for such amounts as a prudent owner or operator of the Furniture would insure for, or such amount as Poppy may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Furniture; and

(c) insurance against such other or further risks relating to the Furniture as may be required by law, together with such other insurance as Poppy may from time to time consider reasonably necessary and advise to the Customer.

All insurance policies procured by the Customer shall be endorsed to provide Poppy with at least twenty (20) Business Days' prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall name the lender on the policies as the loss payee in relation to any claim relating to the Furniture. The Customer shall be responsible for paying any deductibles due on any claims under such insurance policies.

The Customer shall give immediate written notice to Poppy in the event of any loss, accident or damage to the Furniture arising out of or in connection with the Customer's possession or use of the Furniture.

If the Customer fails to effect or maintain any of the insurances required under this Contract, Poppy shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Customer.

The Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to Poppy and proof of premium payment to Poppy to confirm the insurance arrangements.

13. Cancellation rights

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive the Furniture (with the exception of any made to order items). You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty.

Should you wish to cancel your Order, you can notify us by any clear statement.

You cannot cancel your contract if the Furniture you have Ordered are bespoke (i.e. made to order).

If you have received the Furniture before you cancel your Contract then you must send the Furniture back to our contact address at your own cost and risk. If you cancel your Contract but we have already processed the Furniture for delivery, you should not unpack the Furniture when they are received by you and you must send the Furniture back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your Contract, and we have either received the Furniture back in original condition or, if earlier, received evidence that you have sent the Furniture back, we will refund any sum within 14 calendar days.

We may make a deduction from your refund for any loss in the value of the Furniture supplied if the loss is the result of unnecessary handling by you (for example, using the Furniture prior to cancellation)

14. Returns and Collections

  • End of Subscription: Customers can request the collection of furniture items at the end of their subscription period.
  • Early Termination: Early termination is allowed only after the minimum subscription period has passed. Early termination fees may apply.
  • Collection Fees: Collection is included in the subscription fee, but if the customer reschedules or cancels a collection at the last minute, additional fees may be charged.

15. Customer Obligations

The Customer shall during the term of this Contract:

(a) ensure that the Furniture is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in accordance with any operating instructions;

(b) take such steps (including compliance with all safety and usage instructions provided by Poppy) as may be necessary to ensure, so far as is reasonably practicable, that the Furniture is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;

(c) maintain at its own expense the Furniture in good and substantial repair in order to keep it in as good condition as it was on the Delivery Date and shall make good any damage to the Furniture at its own expense;

(d) make no alteration to the Furniture;

(e) keep Poppy fully informed of all material matters relating to the Furniture;

(f) keep the Furniture at all times at the Delivery Location and shall not move or attempt to move any part of the Furniture to any other location without Poppy’s prior written consent;

(g) permit Poppy or its duly authorised representative to inspect the Furniture at all reasonable times and for such purpose to enter the Delivery Location or any premises at which the Furniture may be located, and shall grant reasonable access and facilities for such inspection;

(h) not to part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Furniture or allow the creation of any mortgage, charge, lien or other security interest in respect of it;

(i) not to attach the Furniture to any land or building so as to cause the Furniture to become a permanent or immovable fixture on such land or building. If the Furniture does become affixed to any land or building then the Furniture must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Furniture from any land or building and indemnify Poppy and the lender against all losses, costs or expenses incurred as a result of such affixation or removal;

(j) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of Poppy in the Furniture and, where the Furniture has become affixed to any land or building, the Customer must take all necessary steps to ensure that Poppy may enter such land or building and recover the Furniture both during the term of the Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Poppy of any rights such person may have or acquire in the Furniture and a right for Poppy to enter onto such land or building to remove the Furniture;

(k) not suffer or permit the Furniture to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Furniture is so confiscated, seized or taken, the Customer shall notify Poppy and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Furniture and shall indemnify Poppy and the lender on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;

(l) ensure that at all times the Furniture remains identifiable as being the lender’s property and, wherever possible, shall ensure that a visible sign to that effect is attached to the Furniture;

(m) deliver up the Furniture at the end of the Rental Period or on earlier termination of the Contract at the Delivery Location and to allow Poppy or its representatives access to the Delivery Location for the purpose of removing the Furniture; and

(n) not do or permit to be done anything which could invalidate the insurances referred to in clause 13 (Title, risk and insurance); and

(o) provide all reasonable information as requested by Poppy to allow Poppy to carry out searches at credit reference agencies and fraud prevention agencies as part of processing the Customer’s Order.

If the Furniture is not made available to Poppy in accordance with this clause 43, the Customer shall be responsible for all costs incurred by Poppy associated with its future attempts to collect.

Under no circumstances shall the Customer be permitted to remove the Furniture from the Delivery Location or store it at any other location without Poppy’s prior written permission. Where the Furniture is removed from the Delivery Location (regardless of whether Poppy have agreed to the removal) the Customer shall be liable for all direct and indirect costs incurred by Poppy in locating, accessing, recovering and repairing the Furniture from the location where the Furniture has been stored to Poppy’s premises. If the whereabouts of the Furniture cannot be ascertained by Poppy after having made reasonable enquiries of the Customer, it shall be treated as a Total Loss, whereupon clause 10 shall take effect.

The Customer acknowledges that Poppy shall not be responsible for any loss of or damage to the Furniture arising out of or in connection with any negligence, misuse, mishandling of the Furniture or otherwise caused by the Customer or its officers, employees, agents and contractors, and the Customer undertakes to indemnify Poppy and the lender on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with these terms and conditions.

16. Damages & Repairs

  • Responsibility for Damage: Customers are responsible for any damage caused to furniture beyond normal wear and tear.
  • Repairs: Poppy will assess the damage and may choose to repair, replace, or charge the Customer for the damage. Repair costs will be charged to the Customer if it’s determined that the damage was due to misuse.

17. Termination

  • Termination by Customer: The Customer can terminate their subscription by paying an early cancellation fee.
  • Termination by Poppy: Poppy reserves the right to terminate any subscription with immediate effect in the case of non-payment, misuse of furniture, or breach of these terms.

18. Product Liability

Poppy ensures that all products meet safety and quality standards. However:

  • Liability: Poppy is not liable for any injuries, damages, or losses incurred due to misuse or improper installation of furniture.
  • Insurance: It is the Customer’s responsibility to ensure the rented furniture or to ensure that their home insurance policy covers rented items.

19. Privacy Policy

Your privacy is important to us. By using Poppy’s services, you agree to the collection and use of your personal information as described in our Privacy Policy. Poppy does not share your personal data with third parties without your consent.

20. Intellectual Property

All content on the Poppy website, including images, text, and graphics, is the property of Poppy and protected under UK copyright laws.

21. Force Majeure

Poppy will not be liable for any delays or failures to perform its obligations caused by circumstances beyond its reasonable control (e.g., natural disasters, strikes, or pandemics).

22. Amendments to the Terms

Poppy reserves the right to amend these Terms & Conditions at any time. Customers will be notified of any significant changes.

23. Governing Law

These Terms & Conditions shall be governed by and construed by the laws of England and Wales.

24. Contact Information

For questions regarding these Terms & Conditions, please contact Poppy at hello@poppyfurnish.com +44 7771994654

This document helps to protect Poppy from potential legal disputes and ensures that customers are aware of their responsibilities and rights. Again, ensure that this document is legally reviewed to meet specific business and jurisdictional needs.