Terms of Sale

OVERVIEW

This website is operated by PopSockets LLC, a company incorporated under the laws of the United States and registered under the company registration number 273935248, whose registered address is 5757 Central Avenue Boulder, CO 80301 USA.

VAT number: NL825535797B01.

 

Publication director: Kimmo Salmi

Phone number: +358 40 768 9136

Email address: kimmo@popsockets.com.

 

Our website store https://www.popsockets.nl/ is hosted by Shopify Inc, 150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4, Canada; Phone number: 613-241-2828 . They provide us with the online e-commerce platform that allows us to sell our Products and services to you.

 

Throughout the site, the terms “we”, “us” and “our” refer to PopSockets . PopSockets  offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

"You" or "your" refer to the individual using our site to buy Products from us.

"Products" refer to the popsockets and products made available on the website for sale, which are (i) popsockets, i.e. expanding phone grips and phone stands, and (ii) additional products such as a car vent mount. The products can be either chosen on the website or can be customized, by uploading a picture or image of your choice and by choosing the base and top colour of the popsocket. By agreeing to these Terms, you represent and agree that you have all the rights, licenses or necessary authorizations to upload such a picture or image and to order their use for the creation and delivery of a popsocket by us.

By accepting these Terms, you agree to be bound by the following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink.

 

SECTION 1 -          GENERAL CONDITIONS

We reserve the right to refuse to sell our Products to you if we have a legitimate ground to do so.

By agreeing to these Terms, you represent that you are acting for personal purposes, and not for professional, commercial or industrial purposes.

 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 2 -          PRODUCTS

2.1 Certain Products or services may be available exclusively online through the website. These Products or services may have limited quantities. Should they be out of stock, you will not be able to order them.  

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or services to any person on legitimate grounds. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer.

All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. The Products that you are able to select for purchase at the time you place your order will always be available, at the conditions described on the website at that time.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, except if they have been materialized in the sale contract concluded between you and us, and without prejudice to the legal warranty described in Section 8 below.

2.2 Customized Products. You may choose to create your own personalised Product on our website by clicking on the “Create your own” tab and uploading a logo, photo, design or any other creative work (hereafter referred to as “Customized Content”), which may be protected under applicable intellectual property law (e.g copyright, trademark). In order to enable us to manufacture the Products you purchased, you grant us a worldwide, non-exclusive, transferable, royalty-free right and license to use, reproduce and adapt the Customized Content for technical purposes dictated by Popsockets’ manufacturing process. This license will expire upon delivery of the Products.

 

SECTION 3 -          PRICES AND PAYMENT

Prices for our Products are subject to change without notice. The price applicable to your purchase will be the price displayed on the website at the time you place your order.

The price of the Products is listed and payable in Euros (€) (EUR) for Products purchased on the European website. The price includes VAT and any other applicable taxes at the applicable rate. The cost of delivery is also disclosed with the total price to pay.

The possible payment methods for the Products are detailed on our website during the ordering process.

 

SECTION 4 -          ORDERS

When placing an order on our website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract.

We reserve the right to refuse any order you place with us on legitimate grounds.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made, without prejudice to your right of compensation or of cancellation.

We reserve the right to limit or prohibit orders that are placed by dealers, resellers or distributors. Additional bank fees may be applied to you by your bank depending on the bank terms.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 5 -          DELIVERY

We deliver our Products to the Netherlands. Deadline for delivery will be indicated to you in your order confirmation email and will be a maximum of 15 days as from the day you place your order.

Products will be delivered against payment of fee by your chosen delivery method. Available delivery methods will be disclosed to you before your purchase on our website. Please note that displayed delivery times are estimates. The exact delivery time will be provided to you in your order confirmation email.

Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. Responsibility for the Product passes to you when you, or a third party indicated by you other than our carrier, acquires physical possession of the Products.

If we cannot deliver the Products to you at the date set out in your order confirmation email, and we fail to deliver within five (5) working days after the original delivery date, you will have the possibility to cancel your contract, by registered letter with acknowledgement of receipt or by email using the contact details at the bottom of this page. The agreement will be deemed cancelled at the date where we are informed of such a cancellation, unless we have delivered the Products in the meantime.

 

SECTION 6 -          RETURNS AND CANCELLATION

As a statutory right, you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products (day where you or a third party other than the carrier and indicated by you acquires physical possession of the Products) without giving any reason. As a commercial gesture, we have extended such a right to 30 days.

In accordance with section 6:230p subsection (f)(1) of the Dutch Civil Code, you do not have a withdrawal right in relation to Products that you customize, and that are therefore made according to your specifications.

To exercise your right of withdrawal, you must inform us of your decision to withdraw by making a clear statement by:

 

To withdraw, you can use the form below (not mandatory).

 

Cancellation form

 

To PopSockets Returns / Service Logistics B.V., 10 Newtonweg, 5928 PN Venlo, Netherlands, or at nl-ecomstore@popsockets.com ].

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of customer(s),

Address of customer(s)

Signature of customer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

To meet the cancellation deadline, it is sufficient for you to send your communication to cancel before the cancellation period has expired

 

Products shall be returned without undue delay and at the latest 14 days as from your statement of your wish to exercise your withdrawal right at Service Logistics B.V., Attn: PopSockets Returns, 10 Newtonweg, 5928 PN Venlo, Netherlands.

You will bear the cost of returning the Products.

If you exercise your statutory withdrawal right, we will reimburse you the price of the Products, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than standard delivery), without undue delay and at the latest 14 days as from the date we are informed of your wish to withdraw from the contract. Notwithstanding the above, we are entitled to differ reimbursement until we receive the Products or the day we receive the proof of expedition of the Products, whichever is the earliest. We will carry out such reimbursement using the same means of payment you used for the order. In any event, you will not incur any fees as a result of such reimbursement.

Please note that, without prejudice to your withdrawal right described above, you can also cancel your order within one (1) hour after completing your purchase by using the form available at https://help.popsockets.nl/hc/nl/requests/new. We will therefore not process your order and you will not receive your Products.

 

SECTION 7 -           PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here: https://www.popsockets.nl/pages/privacybeleid

 

SECTION 8 -          WARRANTIES

 

Statutory guarantee rights

 

We are responsible for any good non-conformity pursuant to sections 7:17 and 7:18 Dutch Civil Code and for any latent defects in relation to the goods pursuant to section 7:23 of the Dutch Civil Code. 

 

Conformity guarantee

 

In case of non-conformity, within 2 years as from the Product delivery, you are entitled to request that we:

(a)       restore free of charge the conformity of the purchased good, by repairing or replacing the same, pursuant to section 7:21 Dutch Civil Code; or

(b)       suitably reduce the price, or terminate the contract, pursuant to section 7:22 Dutch Civil Code.

We may nevertheless elect not to proceed in accordance with your choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the goods or the seriousness of the non-conformity.

For the 24 month period following the delivery of the good, you will not be required to prove the existence of the non-conformity.

 

Latent defect guarantee

 

You may also exercise the latent defect guarantee as defined under section 7:23 Dutch Civil Code.

In such a case, you can choose between the termination of the sale or claim a reduction of the price.

 

Any guarantee period will automatically be extended in so far required by Dutch mandatory law.

 

 

SECTION 9 -          LIABILITY 

We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, are not liable for any losses or damages that:

(i) were not foreseeable to the parties when the contract was formed, except if the loss is due to our fault or gross misconduct; or

(ii) were not caused by any legal or contractual breach on our part; or

(iii) are indirect losses; or

(iv) result from a force majeure event, as defined under section 6:75 of the Dutch Civil Code.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including loss or damage caused by our wilful intent or gross negligence.

 

SECTION 10 -       INDEMNIFICATION

You agree to indemnify, defend and hold harmless PopSockets Netherlands and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 11 -       SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 12 -       TERMINATION

Termination of the contract will not affect our rights to receive any money which you owe to us under the contract.

 

SECTION 13 -       ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitutes the entire agreement and understanding between you and us and govern your use of our website and the purchases you place on our website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 14 -       DISPUTES

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 fr-ecomstore@popsockets.com or by using the contact form available at https://help.popsockets.nl/hc/nl/requests/new by clicking on "submit a request form".

 

If we are unable to resolve a dispute with you using our internal complaint handling procedure, we will notify you as such, and give you certain information required by law about our alternative dispute resolution (ADR) provider, including the contact details provided below.

 

In such a case, or in the event that you are not happy with the solution provided by our internal complaint service, you can address your claim to the local dispute resolution body: Stichting Geschillencommissies voor Consumentenzaken (SGC) (https://www.degeschillencommissie.nl/ ). You can also contact your local  European consumer center to assist (free of charge) in resolving a dispute (https://www.eccnederland.nl/).

 

SECTION 15 -       GOVERNING LAW / COMPETENT JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands.

If you are a Dutch resident, you can bring a claim in front of Dutch courts.

 

SECTION 16 -       CONTACT INFORMATION

Questions about the Terms should be sent to us at nl-ecomstore@popsockets.com or by submitting a request form on: https://help.popsockets.fr/hc/fr/requests/new.