Terms and Conditions

POPPY LISSIMAN WEBSITE

In order to use poppylissiman.com you must read and agree to our Terms and Conditions. Please read our Terms and Conditions carefully, to ensure your protection and satisfaction of our website.

This Website is owned and operated by Poppy Lissiman & Co Pty Ltd (ABN 13 151 861 880), trading as Poppy Lissiman.

The following Terms and Conditions govern the use of the Poppy Lissiman Website ("Site"), the materials and information contained therein and related services made available to you via this Site. Poppy Lissiman may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. In the event of change(s) to these Terms and Conditions that you do not agree with you must immediately stop using the Site.

In this site "Poppy Lissiman" means Poppy Lissiman & Co, trading as Poppy Lissiman and its subsidiaries, associates and officers unless otherwise stated. "Other Website" means websites of persons or entities other than Poppy Lissiman which are linked to and from this Site. "Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" means the whole or any part of the web pages located at www.poppylissiman.com (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.) "We" and "us" refer to Poppy Lissiman, and "our" has the same meaning. "Third Parties" means persons or entities represented on the Site other than Poppy Lissiman. "Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.

GENERAL DISCLAIMER

Poppy Lissiman, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Poppy Lissiman does not guarantee that all items included in the Poppy Lissiman web shop are in stock at the time of your order. In the event that an item is unavailable, Poppy Lissiman will contact you shortly by phone or by e-mail. Poppy Lissiman cannot promise that the content of the site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. Poppy Lissiman may, at any time, amend the content of the site. Although Poppy Lissiman strives to display the correct texts, images and pricing on the site and web shop, errors may occur. If you have been charged the wrong amount in the web shop, Poppy Lissiman will give you the option of placing a new order with the correct price or cancelling your order. Poppy Lissiman, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where Poppy Lissiman acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Poppy Lissiman cannot be held responsible for any damaged caused from using the site or, for that matter, not being able to use the site. Poppy Lissiman cannot guarantee problem-free, uninterrupted, and secure access to the site.

EXCLUSION OF LIABILITY & OVERALL DISCLAIMER

The materials and information provided on this Site and related communications are provided on and "as is" basis. Poppy Lissiman assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Poppy Lissiman. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Poppy Lissiman expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Poppy Lissiman shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Poppy Lissiman is expressly advised of the possibility of such loss or damages.

The Terms and Conditions are effective until terminated by Poppy Lissiman and Poppy Lissiman may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

USE OF THIS WEBSITE

You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately at the following e-mail addressinfo@poppylissiman.com

LINKS AND THIRD PARTY REPRESENTATION OF THIS WEBSITE

Poppy Lissiman makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and Poppy Lissiman has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Poppy Lissiman, and Poppy Lissiman is not responsible for the accuracy of any information on any Other Website. Poppy Lissiman does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

Poppy Lissiman will not monitor or review statements made by persons other than Poppy Lissiman ("Third Parties") on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time ("Third Party Posted Material"). Poppy Lissiman makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Poppy Lissiman expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Poppy Lissiman is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Poppy Lissiman has been expressly advised of the possibility of such loss or damages.

You must indemnify and keep indemnified Poppy Lissiman in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.

Subject to any non-excludable provisions of the Trade Practices Act, 1974, Poppy Lissiman disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.

Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturer and/or owner of that product.

COPYRIGHT

You must comply with all proprietary and copyright notices on this Site. This Website is owned by Poppy Lissiman and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Poppy Lissiman.

Any software which you down load from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.

All trademarks, brands and names appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Poppy Lissiman or third party owner.

GOVERNING LAW

These Terms and Conditions are governed by the laws in force in Western Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms and Conditions derogates from Poppy Lissiman right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Poppy Lissiman with respect to that use.

PRE-ORDER

We will do our best to ship Pre-Order products in accordance with their expected ship date.

You are responsible for keeping your shipping and contact information up-to-date to ensure proper shipment of any Pre-Ordered products. Please email info@poppylissiman.com if you need to update any of this information.

You will be charged in full at the time of placing a Pre-Order.

You may Pre-Order products and current in-stock products at the same time. Please note that we will ship all items together when all items are available to ship.

The expected shipping date for Pre-Order products is clearly noted on the Product Page in the description section, subject to reasonable delays in manufacturing/shipping. Such date is only an estimate and is subject to change.

Poppy Lissiman does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Poppy Lissiman is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order is received by Poppy Lissiman. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted

LOYALTY PLS

By joining Loyalty PLS, you agree to these terms and conditions. We reserve the right to modify these at any time. One account valid per person. You must be 18 years or over, or have a parent or guardians permission to have a Loyalty PLS account. You may opt out of Loyalty PLS at anytime, by contacting our customer care team.

Earning Poppy Seeds

For every $1 spent on full priced styles, you’ll receive 1 Poppy Seed.  Poppy Seeds will not be accumulated on shipping, GST or duties/taxes. 

Please note, Poppy Seeds cannot be earned during sale periods, or certain promotional periods such as our Archive Sale.This will be communicated in T&Cs accordingly.  Poppy Seeds are unable to be transferred between regions, as we operate separate stores. Poppy Seeds are allocated 25 days post the date of purchase, and are not able to be earned on products which have been returned.

 

Tiers

Loyalty PLS offers 4 Tiers of recognition. Bronze, Silver, Gold & Platinum. You’ll earn Poppy Seeds on each full price purchase you make, which will help you move through our tiered program. Your Poppy Seeds balance will determine which tier you sit in. As you reach new tiers, you’ll unlock new benefits and have 12 months to maintain your tier status. If you do not accumulate the required Poppy Seeds before your 12 month anniversary, you will automatically downgrade to the eligible tier. We reserve the right to alter our tier eligibility and tier benefits at any time.

 

Birthday & Tier Welcome Rewards

Birthday and Tier Welcome Rewards are valid for 30 days, and are unable to be used in conjunction with any other offer. You are responsible for entering your birthdate at signup, or you can add it to your account at any time on the Loyalty PLS landing page. 

 

5% off for Gold members & 10% off for Platinum members

We offer our Gold and Platinum members an ‘always on’ offer of 5 or 10% off full price styles. This offer is automatically applied at checkout, and is unable to be used in conjunction with any other offer or promotion. 

 

Your Information

By joining Loyalty PLS, you agree to us contacting you via email or SMS with marketing materials, information about your Loyalty PLS account and special offers. Your information will be collected and used in accordance with our Privacy Policy. You may opt of our loyalty program at any time, by clicking the unsubscribe option in marketing emails, or by contacting our customer care team. By joining Loyalty PLS, you agree that maintaining the confidentiality of your account details is your responsibility. 

We reserve the right to terminate or suspend your Loyalty PLS account at any time.

 

Refer a Friend

If a current Poppy Lissiman customer (‘Referrer’) Refers a New Customer (‘Referred Customer’) and the Referred Customer makes a purchased using the unique referral link provided by the Referrer, the Referred Customer will receive a Reward of 10% off their first purchase over[ £60/$60/75 aud]. 

In order to be eligible, the referred customer must be a new customer, and not have placed an order previously with Poppy Lissiman. 

Neither the Referrer or Referred Customer has to be a Loyalty P.LS member to be eligible to participate in this offer. Customers may not refer themselves as a new customer, and are unable to redeem this offer. Poppy Lissiman reserves the right to revoke an account at any time.

 

Onsellers

We reserve the right to void any Loyaly PLS accounts which may be onselling products. Onsellers are unable to redeem Loyalty PLS benefits, and Poppy Lissiman reserves the right to cancel orders which are using Loyalty PLS promotional codes.

POPPY LISSIMAN X DYSPNEA COMPETITION

To enter the giveaway, entrants must tag another Instagram account in the comments (1 tag = 1 entry), each entrant and the tagged account must follow both accounts (@poppylissiman & @dyspnea) and share the image on their instagram stories. Instagram accounts must be set to public. The winning comment will be selected at random. Both winners will receive a x1 $1,000 voucher from Poppy Lissiman and x1 $1,000 voucher from Dyspnea, each. The winners will be contacted privately via Instagram direct message. This competition is open worldwide, and the vouchers are valid for 3 years upon issue date. ⁠The competition will run from 5:30pm AEST on 01/02/24 until 5:30pm AEST on 5/01/24.