Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by Popup United Limited (“popup shop”). The Agreement sets out the legally binding terms and conditions for your use of the website at Popup United.com (the “Site”) and all services provided by Popup United on the site.

 

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

 

If you have any questions, please refer to the Help section of the Site.

What is Popup United?

The ethos of Popup United is to provide a platform to support emerging and established businesses. Popup United is an ecommerce website which provides a platform for small businesses selling their own label, or multi brands.

Popup United supports creativity and small businesses. Popup United champions sellers that physically own their stock and take their own pictures for Popup United. We do not support the drop shipping business model. If a seller is thought to be running their business as a drop shipper then Popup United at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.

The Popup United team reserve the right to remove any listing which they feel does not meet these criteria. Phone cases: If referring to third party’s intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose of the mobile phone case, in accordance with intellectual property law.

Popup United cannot and does not transfer legal ownership of items from the seller to the buyer.

Popup United cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the site and asks that you do not arrange to meet users from the site in person.

You agree that Popup United is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Popup United. You use the Popup United service at your own risk.

 

MEMBERSHIP ELIGIBILITY

Age: Popup United are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Popup United may, in its sole discretion, refuse to offer access to or use of the site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the site. In addition, you agree to abide by Popup United policies as stated in this Agreement and listed below (if applicable to your activities on or use of the site) as well as all other operating rules, policies and procedures that may be published from time to time on the site by Popup United, each of which is incorporated herein by reference and each of which may be updated by Popup United from time to time without notice to you:

Terms of Use

Privacy Policy

Copyright Policy

In addition, some services offered through the site may be subject to additional terms and conditions published by Popup United from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Seasonal Phasing: Popup United reserves the right to temporarily remove items at any time should products be deemed by Popup United as unsuitable for the current season. Don’t worry, Popup United will first consult and discuss with you before removing your item for such reasons and will also discuss how and when to reinstate your store at a later date.

 

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Popup United of any unauthorised use of your password or any breach of security. You also agree that Popup United cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Popup United without Popup United express written permission.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Popup United you must provide and maintain a valid PayPal business account and postal address.

 

Account Transfer: You may not transfer or sell your Popup United account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

 

Account Ownership: Popup United may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required, then the items must be requested prior.  Popup United reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

 

Feedback

Popup United takes feedback integrity seriously. Sellers may offer small incentives for general feedback; however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. Popup United team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.

 

Right to Refuse Service:

Popup United reserves the right to refuse service to anyone at any time. Popup United services are not available to temporarily or indefinitely suspended Popup United members. Popup United reserves the right, in Popup United sole discretion, to cancel unconfirmed or inactive accounts.

 

Launch within 90 Days: If your application to become a seller on Popup United is approved, you must launch your store within 90 days of submitting your application. Failure to do so will result in your account being deemed inactive. If you wish to launch your store after this time you will need to re-apply and start the application process again regardless of previous application success.

FEES AND SERVICES

Vendors are charged a monthly subscription fee. Popup United also charges a percentage of the sale price when the item sells. Popup United features and fees are subject to change and are incorporated into this Agreement by reference.

Increase to the features & fees for Popup United services are effective after Popup United provides you with at least thirty (30) days’ notice by posting the changes on the Site. However, Popup United may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when Popup United posts the temporary promotional event on the Site. Popup United may decrease the fees as stated in the features & fees with no notice to you. Popup United may, at its sole discretion, change some or all of Popup United services at any time. In the event Popup United introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).

 

Vendors will also be charged a 1.5% transaction fee. For the servicing of payments from either PayPal or Stripe or any other payment partners Popup United use

 

Vendors accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a Vendors product count falls to zero their vending storefront will no longer show on site but the monthly store fee will still be debited from the store owner’s PayPal account until the account has been officially closed or downgraded. An account can be closed or downgraded at any time and it is the responsibility of the owner to manually terminate their Account Status page.

 

You are responsible for paying all fees and applicable taxes associated with using Popup United. Popup United keeps accepted payment information in accordance with its Privacy Policy. If fees are due to Popup United then we will be invoice the seller for the amount due that month. This amount will be taken automatically by Popup United from the seller’s registered PayPal account 2 working days later.

 

All fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country. Popup United recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify Popup United of any change in VAT status.

Fees and Termination: If Popup United terminates a listing or your account, if you close your account, or if the payment of your Popup United fees cannot be completed for any reason, you remain obligated to pay Popup United for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact Popup United.

 

 

LISTING AND SELLING

You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.

 

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

 

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Popup United transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on Popup United outside of the Popup United site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.

 

Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s store only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their items, Popup United and/or the Popup United. If the Seller is found to be selling promotional codes, this may constitute fee avoidance.

PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to Popup United and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Popup United Copyright Policy.

 

Restricted Activities:

Your Content and your use of Popup United:

  • Must not be false, inaccurate or misleading
  • Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Popup United’s Copyright Policy)
  • Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Must not contain items that have been identified as hazardous to consumers
  • Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Popup United staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Must not be obscene
  • Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  • Must not modify, adapt or hack Popup United or modify another website so as to falsely imply that it is associated with Popup United;
  • Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Popup United
  • Furthermore, you must not list any item on Popup United (or conclude any transaction that was initiated using Popup United service) that, by paying to Popup United a commission fee, could cause Popup United to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

 

CONTENT

License: Popup United does not claim ownership rights in your Content. You grant Popup United a license solely to enable Popup United to use any information or Content you supply Popup United with so that Popup United is not violating any rights you might have in that Content. Popup United has a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Popup United to store or re-format your Content on Popup United and display your Content on Popup United in any way as Popup United chooses. Popup United will only use personal information in accordance with Popup United Privacy Policy.

 

By uploading Content to Popup United you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Popup United receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to Popup United for any loss suffered. Popup United reserves the right to remove any such Content immediately.

 

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Popup United user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Popup United -related communications. Popup United has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Popup United user to your email or physical mail list. For more information, see Popup United Privacy Policy.

 

By uploading store images to Popup United, you agree that Popup United has the right to use your images to promote Popup United and/or your store in any external press as well as across all Popup United Websites and Popup United social media channels.

 

Re-Posting Content: By posting Content on Popup United, it is possible for an outside website or a third party to re-post that Content. You agree to hold Popup United marketplace harmless for any dispute concerning this use. If you choose to display your own Popup United -hosted image on another website, the image must provide a link back to its listing page on Popup United.

 

INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING

Users are solely responsible for interactions with others. Users understand that Popup United does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

 

Messaging is your way to communicate privately with other Popup United members. It’s essentially email, but purely Popup United members. Messages are primarily intended for communicating about transactions and orders that are underway.

 

INFORMATION CONTROL

Popup United does not control the Content provided by users that is made available on Popup United. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pre-tenses.

 

Additionally, there may also be risks dealing with international trade. By using Popup United, you agree to accept such risks and that Popup United (and Popup United officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Popup United. Please use caution, common sense, and practice safe buying and selling when using Popup United.

Other Resources: Popup United is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Popup United does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Popup United shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

 

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and Popup United, please contact Popup United.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

 

Should you have a dispute with one or more users, or an outside party, you release Popup United (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Popup United, for the benefit of users, may try to help users resolve disputes, at their request. Popup United does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Popup United attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

 

For transactions completed by PayPal: Popup United will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

 

INTELLECTUAL PROPERTY

Popup United graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Popup United limited and its subsidiaries. Popup United copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

BREACH

Without limiting any other remedies, Popup United may, without notice, and without refunding any fees, delay or immediately remove Content, warn Popup United community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

 

  • Popup United suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • Popup United is unable to verify or authenticate any of your personal information or Content
  • Popup United believes that a user is acting inconsistently with the letter or spirit of Popup United policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Popup United or the actions may cause legal liability or financial loss to Popup United users or to Popup United

 

PRIVACY

Except as provided in Popup United Privacy Policy, Popup United will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

 

NO WARRANTY

Popup United’s officers, directors, employees, and suppliers provide Popup United web site and services “as is” and without any warranty or condition, express, implied or statutory. Popup United’s officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Popup United shall create any warranty.

 

Liability limit

In no event shall Popup United, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Popup United, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

Indemnity

You agree to indemnify and hold Popup United and it’s (as applicable), subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

 

NO GUARANTEE

Popup United does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside Popup United control or otherwise.

 

LEGAL COMPLIANCE AND TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the site and any Popup United service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

 

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

NO AGENCY

You and Popup United are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

SERVICE

Popup United reserves the right to modify or terminate the Popup United service for any reason, without notice, at any time. Popup United reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Popup United makes a material change Popup United will notify you here, by email, by means of a notice on our home page, or other places Popup United deems appropriate. What constitutes a “material change” will be determined at Popup United sole discretion, in good faith, and using common sense and reasonable judgment.

 

CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

 

NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to Popup United; 8 Princes Avenue EN3 5PY (in the case of Popup United) or, in your case, to the email address you provide to Popup United (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Popup United may give you notice by post to the address provided to Popup United. In such case, notice shall be deemed given three days after the date of posting.

Please note that Popup United will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe

DISCLOSURES

The services hereunder are offered by Popup United Limited, located at 8 Princes Avenue Enfield EN3 5PY