Terms And Conditions (EU)
TERMS OF SALE AND WEBSITE USE
1. Who we are
PopSockets B.V. is a company registered in Breda, Netherlands with company number 66735963 with its principal place of business at Stadionstraat 11-c-10 , Breda, Netherlands 4815N (“we”, “us”, “our”).
We’ve developed fun accessories for your phone which give you a chance to show off your style whenever and wherever you go: find out more here Our Story.
2. How to contact us
You can contact us by emailing us on firstname.lastname@example.org or by submitting a query through our website at https://help.popsockets.co.uk/hc/en-gb/requests/new
3. These terms
These terms apply to any contract between us for the sale of products to you and to your use of our website (www.popsockets.co.uk). They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
4. Our products
When we refer to our products, we refer to the products made available on our website for sale, which include (i) popsockets, i.e. expanding phone grips and phone stands; (ii) additional products such as car vent mounts; and (iii) Poptivism products, i.e. products designed by users, for which 50% of the net profit is distributed to a charity.
Products may vary slightly from the images of them on our website. In particular, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
If a product goes out of stock you will not be able to order it and we reserve the right to discontinue any product at any time.
5. Delivery of the products
The costs of delivery will be displayed to you on our website before you purchase a product. We will deliver products as soon as reasonably possible and in any event within 30 days of the day on which we accept your order.
6. If you change your mind
If you purchase a product from our website, you have a legal right to change your mind within fourteen (14) days of receiving it and receive a refund. As a commercial gesture, we have extended such right to thirty (30) days. The right to change your mind does not apply if the product has been made bespoke or has been customised for you (for example, Poptivism products featuring your own design).
If you do change your mind, to be eligible for a return and refund you must let us know within thirty (30) days of receiving the product that you don't want it anymore by emailing us on email@example.com. (If more than thirty (30) days have gone by since you received your product, unfortunately we can't offer a return and refund unless the item is faulty.) You can use the following model cancellation wording in your email, but this is not obligatory:
To PopSockets LLC (3033 Sterling Circles, Boulder, Colorado 80301)
I hereby give notice that I cancel my contract of sale of the following goods:
Order reference (if applicable):
To return your product, please post it to the following address:
Service Logistics B.V
You must send off the product within fourteen (14) days of telling us that you are exercising your right to change your mind and you will be responsible for paying the associated postage costs. The product must be unused and in the same condition that you received it and be in the original packaging.
Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed and a credit will be applied to your credit card or original method of payment.
7. If there is a problem with the product
We must supply you with a product in accordance with these terms and the product must be as described, fit for purpose and of satisfactory quality.
If you have any problems with the product, please let us know as soon as possible and in any event within thirty (30) days of delivery by emailing us on firstname.lastname@example.org.
If we agree (acting reasonably) that in principle a replacement or refund may be due, we will give you further information about returning the product and you can choose whether you would like a refund or replacement product. Provided the item is deemed faulty on receipt by us (acting reasonably), we shall provide such refund or replacement accordingly. You must post the faulty product back to us and we will pay for the postage cost by providing you with a return label.
8. Price and payment
The price of the product including VAT will be indicated on the order pages when you place your order. Delivery charges will be indicated separately to you before you purchase the product.
You can pay for a product using a debit card or a credit card. The payment methods we accept will be set out on our website. Payment for the product and delivery charges must be successfully processed before an item is dispatched to you.
9. Using our website
Your use of our website is subject to these rules (Website Rules). By using our website, you confirm that you accept these Website Rules and that you agree to comply with them.
- We may update and change our website from time to time to reflect changes to our products, services and business priorities.
- Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those websites or resources and any User Content (defined below) is not approved by us.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.
- We make no representations, warranties or guarantees, whether express or implied, in respect of our website or its content. We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
- We only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The "PopSockets" and "Poptivism" names and logos are our trade marks and you are not permitted to use them, or any other trade mark or copyright material belonging to us whether registered or unregistered, without our prior written approval.
10. Uploading content to our website
Whenever you make use of a feature that allows you to upload content to our website, such as uploading your own design for use on a Poptivism product (User Content), you agree to grant us a non-exclusive, worldwide, royalty free licence to use, modify, adapt, display store and copy User Content and to distribute and make it available and sub-license it to third parties for our business purposes including manufacturing the product ordered by you. This licence shall expire upon delivery of the product to you.
You when upload User Content you must comply with the following content standards (Content Standards):
- You warrant that any such User Content complies with these Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any User Content will be considered non-confidential and non-proprietary. You warrant that you are not infringing any third-party rights by uploading User Content to our website.
- User Content must not: be defamatory of any person, be obscene, offensive, hateful or inflammatory, promote sexually explicit material, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any intellectual property right of any third party, be likely to deceive any person, breach any legal duty, promote illegal activity, be abusive or invade another person’s privacy or give the impression that the User Content emanates from a person or company that is not you.
- You understand and agree that when you share your own PopSocket design, you are making that design publicly available. Anyone who obtains a copy of the shared link to your design will be able to view it.
- Subject to data protection laws, we also have the right to disclose your identity to any third party who is claiming that your User Content constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any User Content if, in our opinion, it does not comply with these Content Standards or the Website Rules.
- You are solely responsible for securing and backing up your content.
11. Content uploaded by you and indemnification
You represent and warrant that you have all necessary rights with respect to the Content you upload and that the Uploaded Content does not infringe any copyright, trademark, design right, trade secret or other intellectual property right, privacy right including the right to a person's likeness or other right of any third party. Furthermore, you represent and warrant that the uploaded content does not violate applicable law, in particular that it does not display symbols of anticonstitutional organisations. Furthermore, that it is not fraudulent, threatening, abusive, hateful, defamatory, obscene and not confusingly similar to brands or branded products sold by others. If a claim is made against us, our officers or agents by a third party in connection with the performance under this Agreement for your culpable breach of these Terms, any law or the rights of a third party, you shall indemnify us against any liability and reimburse us for any reasonable costs we incur, including any necessary recoverable costs of legal defence.
12. Loss or damage suffered by you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability to you where it would be unlawful to do so, including: liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.
13. Your personal information
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any products supplied; your customer experience or any other matter please contact us as soon as possible by email at email@example.com.
14. Which country's laws apply to any disputes?
These terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these terms.
15. Other important terms
Our agreement is between you and us and no other person shall have any rights to enforce its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Nothing in these terms and conditions affects your legal rights under the Consumer Rights Act 2015 (also known as your “statutory rights”). You may also have other rights in law.