Shipping policy

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO PLACING AN ORDER WITH Not Pops. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND Not Pops. BY PLACING AN ORDER FOR GOODS (whether in writing or verbally) YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

  1. supply of Goods
    1. Supply
      1. Not Pops will supply and the Customer will buy the Goods in accordance with these Terms of Trade.
      2. Each Order accepted by Not Pops shall be regarded as a separate contract for the sale of Goods on the terms and conditions set out in these Terms of Trade.
    2. Exclusion of all other terms and conditions
      1. These Terms of Trade:
        1. apply to the exclusion of all other terms and conditions and supersede all terms and conditions previously issued by Not Pops or otherwise agreed by Not Pops and the Customer, and all prior discussions, representations and arrangements relating to the supply of the Goods;
        2. apply to all Orders submitted to Not Pops; and
        3. override any terms of purchase used by the Customer to order and purchase the Goods.
      2. No variations of these Terms of Trade are binding unless expressly agreed in writing by an authorised representative of Not Pops.
  2. GOODS
    1. Price of Goods 
      1. Not Pops will advise the Customer of the Purchase Price of the Goods in a Quote.
      2. Unless expressly stated otherwise, the Purchase Price is exclusive of GST and all other taxes, duties or government charges levied in respect of the Goods.
      3. Until such time as an Order has been accepted by Not Pops, Not Pops reserves the right to vary a Quote or change the Purchase Price in its discretion.
    2. Order
      1. Where the quantity of Goods to be supplied in an Order does not conform to standard packaging numbers then the quantities of Goods supplied will be to the nearest whole carton or standard package quantity.
      2. Once accepted by Not Pops, Orders cannot be cancelled or varied by the Customer without the written approval of Not Pops. Not Pops reserves the right to charge a reasonable cancellation fee, including an amount for loss of profit. 
      3. As the Purchase Price has been calculated by Not Pops based on the quantities of Goods to be supplied to the Customer, if the Customer requests a change to the quantity or designation of Goods, Not Pops has a right to adjust the Purchase Price accordingly.
      4. Not Pops reserves the right to refuse or cancel an Order under the following circumstances:
        1. product availability;
        2. errors in description of the Purchase Price or other errors in the Order;
        3. a fraudulent, unauthorised or illegal transaction is suspected; and

the Client agrees to accept a full refund of any amounts that have been paid in respect of such cancelled Order.

    1. Customer cooperation

If Not Pops requires the Customer’s timely co-operation to supply the Goods, the Customer must provide in a timely fashion all information and instructions that Not Pops reasonably requires to enable Not Pops to supply the Goods.

    1. Information from the Customer

The Customer hereby represents and warrants to Not Pops that all documentation and information it provides to Not Pops is and will be:

      1. complete, true and accurate in all material respects; and
      2. not misleading in any material respect, nor rendered misleading in any material respect by any failure to disclose any other information.
    1. Timeframe

Unless agreed otherwise in writing between Not Pops and the Customer, any estimate of time for the delivery of the Goods is an estimate only and is not binding. If the Order requires the Customer’s co-operation any estimates of time for the delivery of the Goods are given on the assumption that such co-operation is provided.  Any default or delay by the Customer in providing any necessary co-operation may result in additional fees.

    1. Delivery
      1. Delivery of Goods is only available to residential addresses approved by Not Pops.
      2. The Customer agrees to accept delivery of the Goods at the approved premises between the hours of 9am-4pm on any Business Day. If the Customer requires delivery within a specific timeframe this must be requested and approved by Not Pops prior to the Order being placed.
    2. Part Delivery

Not Pops may make part–delivery of any Order. Each part–delivery shall constitute a separate contract for the supply of Goods on the terms and conditions of these Terms of Trade.

    1. Obligations owed to the Customer only

Unless agreed otherwise in writing between Not Pops and the Customer the Goods will be provided solely for the benefit and use of the Customer. The Goods must be purchased for either (i) consumption by the Customer or (ii) supply to consumers in the ordinary course of the Customer’s business. The Customer must not re-sell or supply the Goods on a wholesale basis to other businesses. Not Pops accepts no liability or responsibility to any third party.

  1. invoicing and payment
    1. Details in Invoice

All invoices issued by Not Pops will include details of the Purchase Price and any other costs and charges payable by the Customer in accordance with these Terms of Trade and the payment terms.

    1. Payment of Purchase Price
      1. Subject to clause 3.2(b), payment is due prior to delivery of Goods.
      2. If Not Pops has agreed to supply the Goods on credit, the Customer must pay the Purchase Price, without deduction, within thirty (30) days from the last day of the month in which the Goods were delivered.
    2. Payment in cleared funds

Payment by cheque or other negotiable instrument is not regarded as received until funds are cleared.

    1. GST

If GST is imposed on any supply made under or in accordance with these Terms of Trade, the recipient of the supply (Receiving Party) must pay to Not Pops (Supplier) an additional amount equal to the GST payable on the supply, subject to the Receiving Party receiving a valid tax invoice in respect of the supply at or before the time of payment.  Payment of the additional amount will be made at the same time and in the same manner as payment for the supply in accordance with these Terms of Trade.

    1. Interest

Without limiting Not Pops’s right to require payment in full in accordance with clause 3.2, Not Pops may at its sole discretion charge interest on overdue accounts at the default rate of 2% per month.

    1. Recovery Costs

The Customer must pay all costs and expenses incurred by Not Pops, its advisers, mercantile agents and any other person, in respect of any action instituted or considered against the Customer, whether for debt, repossession of Goods or otherwise.

    1. No right to offset

No amount owing, whether present or future, actual or contingent by the Customer to Not Pops may be offset against any Liability of the Customer to Not Pops.

  1. USE of Goods
    1. Customer warranty

The Customer warrants:

      1. not to make use of the Goods outside of any specifications for the Goods;
      2. not to use the Goods in a way other than as directed by Not Pops;
      3. to ensure that the Goods are stored at minus 18 Degrees Celsius and in accordance with any other directions or specifications by Not Pops;
      4. not to wholesale the Goods or supply the Goods for resale by third parties;
      5. not to alter the packaging or labelling of the Goods;
      6. not to repackage the Goods;
      7. not to sell individual Goods purchased as a boxed item; 
      8. not to sell any Goods after the expiration of the use-by date or the best before date specified on the Goods; 
      9. not to make any misrepresentations to third parties about the Goods or to provide any warranties or guarantees about the Goods that are not authorised by Not Pops;
      10. to comply with all applicable laws and regulations relating to the use, storage, supply and sale of the Goods; and 
      11. that the Customer has all applicable permits, licences and/ or other authorisations necessary to use, store, supply and sell the Goods.
    1. Disclaimer

Not Pops will not be responsible for any Defect in the Goods or for Liabilities resulting directly or indirectly from:

      1. any breach by the Customer of the warranties given in clause 4.1;
      2. any modifications of the Goods not authorised in writing by Not Pops;
      3. any misuse of the Goods; or
      4. inadequate or improper maintenance or storage of the Goods.
  1. defective Goods
    1. Not Pops’s liability for Defective Goods

Subject to the Customer’s compliance with the warranties under clause 4.1 and the disclaimer under clause 4.2, Not Pops will replace any Defective Goods where Not Pops has been notified of the Defect within 2 days of the date of delivery.

    1. Exclusions 

Should an alleged Defective Good be found on inspection by Not Pops not to be faulty, all charges for the inspection will be charged to and must be paid for by the Customer.

  1. NO RETURNS

Subject to clause 5, all Goods are otherwise supplied on a non–returnable and non–refundable basis.

  1. intellectual property
    1. No licence or assignment

The Customer’s purchase of the Goods does not confer on the Customer any licence or assignment of any copyright, design or trademark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Goods, the packaging and/ or the branding of the Goods.

    1. No warranty from Company

Not Pops makes no representation or warranty to the Customer of any kind that the Goods will not infringe any intellectual property rights of a third party.

  1. MARKETING
    1. Not Pops may in its absolute discretion provide the Customer with marketing materials in order for the Customer to promote Not Pops products. 
    2. The Customer acknowledges and agrees that any marketing materials provided in relation to the Goods are the confidential information of Not Pops and must not be provided to any third party without the prior written consent of Not Pops.
    3. The Customer indemnifies Not Pops against any Liabilities which Not Pops suffers, incurs or is liable for as a result, directly or indirectly, of any breach of this clause 8 by the Customer or its employees, associates and/or contractors.
  2. liability 
    1. To the maximum extent permitted by Law, Not Pops is not liable for any indirect or Consequential Loss under or in connection with these Terms of Trade.
    2. So far as permitted by Law, Not Pops’s liability to the Customer in relation to a failure of the Goods to comply with an applicable consumer guarantee is limited to, at Not Pops’s option:
      1. supplying the Goods again; or
      2. the payment of the cost of having the Goods supplied again.
  3. Apportionment of liability

If the Customer makes any claim against Not Pops for any Liability arising out of, or in connection with, the Goods or these Terms of Trade and some or all of that Liability was due to, or contributed to by the Customer or another third party, Not Pops will be liable only for that proportion of the Liability which its acts and omissions bear in relation to the total conduct of all persons contributing to that Liability.

  1. risk AND title
    1. Risk 

The risk in the Goods passes to the Customer on dispatch of the Goods from Not Pops. Not Pops is not liable to the Customer for any loss or damage or deterioration of the Goods after dispatch and the Customer should obtain any relevant insurance cover at its own expense.

    1. Title and the PPSA
      1. Ownership of the Goods will remain with Not Pops until all amounts owing by the Customer to Not Pops have been paid in full.
      2. Not Pops will apply amounts it receives from the Customer towards its oldest unpaid Invoice. 
      3. Not Pops reserves the following rights in relation to the Goods until all monies owed by the Customer to Not Pops are fully paid:
        1. to enter the Customer’s premises (or the premises of any associated company where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
        2. to keep or resell any Goods repossessed pursuant to this clause. 
      4. Not Pops and the Customer agree that the Customer is bailee of the Goods until such time as title passes to the Customer and this bailment continues in relation to each of the Goods until the Purchase Price has been paid in full and until this time:
        1. the Customer will not supply any of the Goods to any person outside its ordinary or usual course of business; and
        2. the Customer will not allow any person to have or acquire any security or interest in the Goods.
  1. WARRANties, guarantees and conditions
    1. No warranty is given by Not Pops that any Goods supplied are fit for any particular purpose and the Customer buys the Goods in reliance on its own judgement.
    2. All implied guarantees, warranties and conditions (including warranties as to the quality or fitness for purpose of Goods) are excluded to the maximum extent permitted by Law.
  2. indemnity
    1. The Customer indemnifies Not Pops against any Liabilities which Not Pops suffers, incurs or is liable for as a result, directly or indirectly, of:
      1. any breach of these Terms of Trade by the Customer; or
      2. any negligent act or omission by the Customer.
  3. termination
    1. Breach of Terms of Trade

Not Pops may terminate any Order or suspend deliveries with immediate effect by giving written notice to the Customer if the Customer breaches any material provision of these Terms of Trade (including without limitation any breach in respect of an obligation to pay money).

    1. Termination events

The Customer must notify Not Pops immediately if:

      1. it disposes of the whole or any material part of its assets, operations or business;
      2. there is a change in ownership of the Customer;
      3. it ceases to carry on business;
      4. it ceases to be able to pay its debts as they become due;
      5. any step is taken by a mortgagee to take possession or dispose of the whole or part of its assets, operations or business;
      6. any step is taken to enter into any arrangement between it and its creditors; or
      7. any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, an administrator or other like person in relation to the whole or part of its assets, operations or business.
    1. Termination for termination events

Not Pops may terminate an Order or suspend deliveries immediately without notice if any event referred to in clause 14.2 occurs.

    1. After termination

If an Order is terminated the Customer must immediately pay Not Pops all amounts owed to Not Pops irrespective of whether those amounts have fallen due.

  1. force majeure

No party is liable for any failure to perform or delay in performing its obligations under these Terms of Trade if that failure or delay is due to a Force Majeure Event. If that failure or delay exceeds 90 days, the other party may terminate an Order with immediate effect by giving written notice to the other party. This clause does not apply to any obligation to pay money.

  1. general provisions
    1. Notice

A notice to be given by a party to another party under these Terms of Trade must be in writing and sent to the address previously nominated by that party and will be deemed to be duly given:

      1. in the case of hand delivery, on the day of delivery;
      2. three Business Days after the date of posting by pre-paid registered post; or
      3. if sent by email, when sent.
    1. 16.2.Governing Law

These Terms of Trade are governed by the Law applicable in the State of Victoria, and the parties consent to the exclusive jurisdiction of the courts of the State of Victoria.

    1. Time

Time is not of the essence except in relation to payment.

    1. 16.4.Waiver

The failure of a party at any time to require performance of any obligation under these Terms of Trade is not a waiver of that party’s right:

      1. to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; or
      2. at any other time to require performance of that or any other obligation under these Terms of Trade.
    1. Unenforceable provision

Where a clause in these Terms of Trade are void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms of Trade.

    1. Relationship between the parties

Nothing in these Terms of Trade creates any fiduciary relationship, nor any partnership, joint venture or agency relationship between the parties.


  1. DEFINITIONS
    1. Unless otherwise inconsistent with the context:
      1. Business Day means any day means a day on which trading banks are open for business in Melbourne, Australia, except a Saturday, Sunday or public holiday.
      2. Consequential Loss means any loss or damage suffered by the Customer or any other person which is indirect or consequential.
      3. Customer means a customer supplied or to be supplied Goods by Not Pops.
      4. Defect means a defect, flaw or imperfection in a Good which prevents the Good from being used for the purposes intended under these Terms of Trade, but does not include anything which has been disclosed as a feature or limitation of the Good by Not Pops prior to the date of purchase, any defect, flaw or imperfection that is trivial or insubstantial, accidental damage, normal wear and tear or damage resulting from wilful neglect and Defective has a corresponding meaning.
      5. Not Pops means Poser Pops Pty Ltd as trustee for the Frozen Stiff Discretionary Trust trading as Not Pops (ABN 14 709 763 150).
      6. Force Majeure Event means any failure or delay in the performance of a party’s obligations under these Terms of Trade as a result of a national strike, lockout, work stoppage, labour dispute, material shortage, utility outage, delay in transportation, fire, flood, earthquake, severe weather, act of God, accident, trade sanction, embargo, act of war, act of terror, condition caused by national emergency, new or changed Law, pandemic, epidemic or any other act or cause beyond the reasonable control and without fault of the delayed party, and whether affecting that party or its contractors or suppliers, for as long as the event prevails.
      7. Goods means any Goods supplied by Not Pops to the Customer.
      8. GST means any goods and services tax or similar tax.
      9. Law means any legislation, ordinance, regulation, bylaw, order, award, proclamation, direction and practice note of the Commonwealth, State or Territory or any government agency, certificate, licence, consent, permit, approval, qualification, registration, standard and requirement, or any other Law from which legal rights and obligations arise.
      10. Liabilities means all damages, losses, liabilities, costs, charges, expenses, outgoings or payments (whether direct or indirect, consequential or incidental) including any damages, losses, liabilities, costs, charges, expenses, outgoings or payments in respect of any damage to property or injury to, or death of, any person.
      11. Order means any order for Goods placed by the Customer.
      12. Purchase Price means the price payable by the Customer to Not Pops for the Goods.
      13. Quote means a statement of price given by Not Pops to the Customer for supplying specified Goods, which may include specified terms and conditions.