[popcommerce_domain] (“Website”, “we”, “us”, “our”) is a website that offers (“Service”) customized products (“Products”) via online store (“Store”). The following Terms of Service (“Terms”, “Agreement”) will govern your use of the Website and its Services. You understand that by using the Website and Services, you have agreed to these Terms.
You agree to visit Website with no other intention than to use its Services via normal functionality of the Website.
Store and Products
The [popcommerce_domain] Store.
Using the Website’s online store, you may purchase physical or virtual products that may be available via the Website from time to time.
Product Availability.
All orders are subject to availability and any Products available on the Website may be withdrawn at any time. Please note that withdrawal may happen at short notice.
If there is any obstacle preventing the delivery of the exact item you ordered, we may send you an alternative for you to consider.
Please note that we cannot guarantee that all Products available at the time you visited Website will be offered in the future. Over time, some Products may be permanently withdrawn.
Reservation.
Please note that the products are not reserved for you until after the checkout process on the Website is completed.
Payment Policies
Prices and Payment.
Prices and delivery costs are as listed on the relevant pages of the Website (except in cases of obvious error). Prices are subject to change at any time. The minimum prices for Products may change by posting new minimum prices on the above-mentioned relevant Website’s pages.
Taxes.
Please note that payment of possible taxes and any other applicable import duties that may be levied once the Product reaches your country are not the responsibility of [popcommerce_domain].
You are responsible for payment of sales tax and any other applicable import duties and taxes that may be levied once the Products reach your country.
Payment errors policy.
We do our best to keep prices accurate, but errors occasionally occur. If a pricing error is discovered upon your ordering, we will contact you with the option of reconfirming your order at the correct price or cancelling it. If you choose to cancel your order, we will either refund or re-credit you for any sum that has been paid or debited for the purchase.
Credit Cards.
You may pay with credit or debit card. We accept payment via following cards: Visa, MasterCard, American Express, JCB, Discover, and Diners Club. Unless explicitly stated otherwise, you will not be charged i.e. funds will not be debited from your card or account until the purchasing process is complete.
Automatic Cancellation of Your Order
As all credit/debit cardholders are subject to validation and authorisation by the card issuer, there may be cases when purchasing products via our online Store is aborted. Please note that your order will be cancelled should your card issuer refuse to authorise payment. In such occasion, [popcommerce_domain] will not be liable for any delay or non-delivery.
Ordering Products
Please note that by placing an order through the Website, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement.
Data required for ordering
Prior to ordering, you will be required to provide complete and accurate personal details on the order form. This will include the following: first name, surname, email address, telephone number, and delivery address.
Please note that personal details form is subject to changes over time.
Data Collection Consent
By providing your personal details you have consent with [popcommerce_domain] collecting and processing the said data.
Order Confirmation
After placing an order, you may receive an email from us acknowledging the receipt of your order. This email does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on the terms and conditions stated here.
We will confirm acceptance of your order by sending you a personal order confirmation email. Upon sending this email both parties will be bound by contract. However, we reserve the right to reject your order for any reason we see fit before and after sending order confirmation email.
Delivery
Product(s) Delivery.
Overseas deliveries and deliveries to addresses outside the USA may include additional delivery charges as stated during the checkout process.
Your order will be delivered once payment has been made, to the address you provided as listed on the checkout page.
Please note that deliveries may require a signature on delivery and re-executed during normal business hours. Some venues/drop-off points such as PO Box addresses or hotels might not be eligible for delivery.
[popcommerce_domain] is not responsible for non-delivery in following cases:
- If you have entered your address incorrectly;
- if you have used non-English language characters or foreign alphabet;
- if you have entered a non-residential address (including but not limited to PO box).
Any product shipped to a non-card registered address are sent entirely at your risk.
Product Ownership
Ownership of the purchased Product(s) will pass to you only when [popcommerce_domain] receives full payment of all sums due in respect of the Products. You are responsible for any applicable delivery charges. Your statutory rights are not affected.
Right of Cancellation
Failure to comply with obligations under this agreement may result in not compensating you fully (the original price) for returned products. Any returns of faulty items will be processed at our discretion. You understand that the [popcommerce_domain] will not be liable to you for failures, defects or delays in delivery caused by your provision of inaccurate information (such as wrong address), your failure to comply with instructions for use of the Service, and in case of an event that is outside of our reasonable control.
Damaged Product(s)
Starting from the time of delivery, Product becomes your responsibility. We strongly recommend you check the package in the presence of the carrier in order to verify the condition of the Products. If a Product is damaged or lost in transit, make a note on the delivery slip and contact customer service. We will do our best to send the replacement as soon as possible. If the identical product is not available on Store, we can offer you:
- An identical Product;
- an alternative similar Product;
- credit note.
Refund
Refund Options.
In your purchased Product is faulty or delivery exceeded the period stated in these Terms, you may return it. You can do so only with proof of purchase and within 45 (fouty-five) days of receipt. If the product is faulty, we can either refund you or send you the same item, if available. We will refund the price of any defective Product, its applicable delivery or any reasonable charges you had in returning the item to us.
We consider “faultiness” to be applicable in the following instances:
- the quality of printing is poor;
- the print does not match the relevant display at the time of purchase;
- the Product is materially different (mismatched product type) than as presented in the campaign;
- the Product didn’t arrive within 45 (fouty-five) days upon completion of the purchase (please see the Delivery section for exceptions).
Delivery Time Disclaimers
The 45 (fouty-five) day refund policy may be nullified or extended due to random events such as adverse weather conditions, natural disasters, pandemics, political unrest, or postal worker labor disputes that may impact various delivery locations.
Return Shipping.
It is our policy to minimize the additional costs for any unsatisfied customer. Though we try to cover costs of return shipping whenever possible, in some circumstances you may be responsible for the cost of returning the Product to us in an undamaged condition.
Exceptions to the right to exchange or refund.
Please note that the right to refund or exchange product may not apply to some Products.
Samples.
All Products displayed on the Website are intended for illustrative purposes only. We cannot guarantee that display of the device you are previewing the Website on will accurately reflect the colour of the products. Size and proportion of actual products may vary as well from the visuals found on Website.
Other
Indemnification
You agree to indemnify [popcommerce_domain] for any loss or damage to us, including without limitation legal fees, arising from any breach of any warranty or other stated term by you or your misuse of any material or information obtained through the Website.
You agree to defend, indemnify, and hold harmless [popcommerce_domain], its employees, agents, and licensees, from and against any claims, actions or demands (including costs, expenses and attorney’s’ fees), alleging or resulting from above stated breach of any warranty or other stated term of these Terms and Conditions.
You agree and undertake to indemnify the [popcommerce_domain] for all loss or damage incurred by [popcommerce_domain] in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Website.
You agree to hold [popcommerce_domain] harmless from and against any claims or damages caused by the use of the Products, including but not limited to any adverse physical effects (such as bodily harm or physical injury). In no event shall [popcommerce_domain] be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any Product purchased herein. You agree and acknowledge that any Product purchased should be used at your own risk and you should assess the risks individual to your surrounding (including but not limited to your pets) before purchasing any Product or using it.
You purchase Product at your own risk.
Limitation of liability.
You agree that the liability of [popcommerce_domain] to you shall be limited the amount you have actually paid to us for our products; [popcommerce_domain] shall not be liable for any indirect or consequential loss of any kind in contract, or out of your use of this Website. Nothing in this agreement shall operate to limit or exclude liability for death or personal injury caused by the negligence of [popcommerce_domain].
General Site Disclaimer.
Except as set out above, the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law.
In addition, [popcommerce_domain] makes no representations or warranties of any kind express or implied, as to the operation of Website or the information, content, materials, or Products included on this site. We do not represent or warrant that the Website or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree that your use of this site is at your sole risk.
You understand and accept that [popcommerce_domain] shall not be liable for any change, suspension or interruption to the Website or its Service, as operations of the Website may be interfered with by numerous factors outside of our control.
The Services, including the Products on the Website, are provided on an “as-is” basis, without warranties of any kind, either expressed or implied, including without limitation, implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or free of errors. As some stated do not allow limitations on how long an implied warranty lasts, the above-limitations may not apply to you.
Applicable law
By visiting this Website, you agree that the laws of the state of Arizona will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and [popcommerce_domain].
Privacy
Your use of the Website is subject to the Website’s Privacy Policy and applicable Terms found in this document.
Users under 18.
[popcommerce_domain] is not directed at or to children. We expect that any use of the Website by children will be exclusively conducted with the guidance, supervision, and consent of the child’s parent, guardian and/or authorized school official. Parents, guardians and/or officials must ensure minors use the Site and its services only if they understand their rights and responsibilities as stated in this Agreement and our Privacy Policy.
Any school official assisting US user under the age of 13 in creating an account on Website shall be responsible for complying with the US “Children’s Online Privacy Protection Act” and, where applicable, “The Family Educational Rights and Privacy Act”. Such school official, therefore, must notify minor’s parents/guardians and obtain their consent prior to completing the minor’s registration. For that purpose, the parent/guardian must be provided with a copy of the Privacy Policy. Furthermore, all consents must be submitted to [popcommerce_domain] in written form on request.
Use of Website and its Content
Your use of the Website and its Content
By entering the Website you agree to use it as well as any part of the Content for no other reason than as authorized by [popcommerce_domain]. This use applies only via normal functionality of the Website.
Site Content.
Some of the Website’s content is created by third party users. Please note that we cannot have insight into all user-generated content at all times. Though we strive to have all the information accurate and up-to-date, some inaccuracies may occasionally appear, as the Website’s content might be subject to changes at short notice.
Therefore, [popcommerce_domain] does not warrant that the Website or the Content will be accurate, up-to-date, free of defects, or contain harmful elements. You agree to use Website entirely at your own risk.
Ownership of Content.
The Website and its content are for your personal and non-commercial use only. You agree not to sublicense it or use it in any other way for commercial or partly commercial use.
Unless stated differently, [popcommerce_domain] owns or controls all relevant intellectual property rights in the Website and its content. You may not reproduce, publish, distribute, extract or use externally in any way any part of the Website or its content in any form other than allowed herein or as permitted on the Website.
Offensive Material.
We do our best to keep our Website clean. We encourage you to report any objectionable or infringing material posted on the Website. Contact us here, with the details.
Unauthorized use.
[popcommerce_domain] reserves the right to take legal action in any state or federal court to address any instances of unauthorized use of this site. You consent to exclusive jurisdiction and venue of such courts.
Subject to change
Terms of Service may change sporadically. We ask you to please read these Terms of Service each time you visit our Website or use our Services. Your use of the Website and Company’s services after the Terms are transparently modified constitutes your agreement to, and acceptance of, the altered Terms. If you do not agree to any alteration to the Terms of Service, we kindly ask you not to visit Website or use [popcommerce_domain] services.
