Terms & Conditions ("Terms")
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.thepopluxe.com/shop website (the "Service") operated by PopLuxe LLC ("us", "we", or "our"). Please ensure that you understand this agreement, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Use of materials on this website
PopLuxe grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to PopLuxe and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of PopLuxe and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Copyrights and Reproduction
All Content is owned by PopLuxe, and/or PopLuxe LLC.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
The trademarks, logos, and service marks displayed on this Website are owned by PopLuxe and/or PopLuxe LLC.
Your communications to PopLuxe
It is our policy to decline unsolicited suggestions and ideas. Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to PopLuxe via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and PopLuxe will not assume any responsibility, obligation, or liability for them or for PopLuxe’s receipt or non-receipt of them. PopLuxe’s receipt of Your Submissions is not an admission by PopLuxe of their novelty, priority, or originality, and it does not impair PopLuxe’s right to contest existing or future intellectual property rights relating to Your Submissions.
You grant PopLuxe a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by PopLuxe in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Website and other PopLuxe websites may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from PopLuxe, you represent that you are 18 years of age or older.
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from PopLuxe. PopLuxe is not responsible for paying import duty and taxes generated by your country.
C. Postage and Handling; Insurance
You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
Please review the information available in our FAQs regarding our return policies. PopLuxe and partnering parties has the right to deny returns for any reason. If any item is returned to the PopLuxe facility due to customer error, PopLuxe has the right to charge the customer for re-shipment. PopLuxe has the right to refund the customer partially or fully, minus initial shipping and handling fees.
PopLuxe does not accept cancellations. You agree that special arrangements may be made in which PopLuxe may grant a cancellation. Popluxe has the right to deny any cancellation without reason. No action may be taken upon buyer through payment method if PopLuxe does not grant a cancellation. PopLuxe reserves the right to refuse any cancellation request without notification to the buyer.
F. Monetary Claims Against PopLuxe
If a claim has been made via your payment method against PopLuxe we reserve the right to withhold your order until claim has been removed by buyer. PopLuxe may counter your claim and has the right to share buyer's private information with payment method provider as proof of sale or 'Turnaround Time.'
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
User Generated Content
PopLuxe may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, PopLuxe will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although PopLuxe reserves the right to do so in its sole discretion. PopLuxe does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website, you represent and warrant to PopLuxe that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
PopLuxe reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. PopLuxe also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.
Investigations; cooperation with law enforcement; termination
PopLuxe reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
Privacy and security measures
You may choose to register at our Website. If you do, you will have a username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. The technology used in collection personal information protects credit card data during transmission; we also adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in PopLuxe’s best interests to do so.
Disclaimers and limitations of liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. This website is provided to you "as is" and "as available", without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PopLuxe does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be uninterrupted or error-free, or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or the material contained on this website results in your need to service or replace any property, material, equipment, data, or other item, then PopLuxe will not be liable for those costs. Without limiting the generality of the foregoing sentences, PopLuxe will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of this website. The disclaimers and limitations contained in this paragraph are a material part of our agreement to provide this website to you.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Links by you to this site
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with PopLuxe or cause confusion among consumers, (d) the links and related content on your site do not portray PopLuxe or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
Links on this website to and from other sites
Banners, advertisements and promotions
PopLuxe reserves the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). PopLuxe disclaims all liability in connection with therewith.
You agree to indemnify, defend, and hold harmless PopLuxe (which includes PopLuxe’s affiliates) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
PopLuxe may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. PopLuxe may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
PopLuxe controls and operates this Website from its US headquarters in San Francisco, CA, United States of America. If you use this Website from locations outside of the United States, you are responsible for compliance with applicable local laws. Although PopLuxe products and services are available in many parts of the world, this Website may describe products and services that may only be available in the United States of America (or only parts of it) and may not be available worldwide.
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
Please discontinue use of PopLuxe products if signs of irritation or rash occur. Seek medical attention if necessary. PopLuxe is not responsible for any damage caused by or from using our products. PopLuxe products are used at customer's own risk.
If you have any questions about these Terms, please contact us.
Due to inventory limitations, any parcel either damaged, lost, stolen, or otherwise, are not guaranteed to be replaced as purchased. PopLuxe will make every effort to replace any item that is not delivered in the condition it is advertised in, however if the item purchased is no longer available or PopLuxe deems a replacement unnecessary, you may be offered either an item of equal or lesser value as a replacement, or a refund for the cost of said item.