Terms of service

Overview

Welcome to POPTIQUE! In these Terms of Service, “we,” “us,” and “our” mean POPTIQUE. POPTIQUE operates this store and website, including the related information, content, features, tools, products, and services (together, the “Services”) to provide you with a curated shopping experience. The Services are powered by Shopify, which helps us make them available to you.

These Terms of Service, together with any policies we reference here, explain your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limits on liability.

By visiting, using, or interacting with our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, please do not use the Services.

1. Access and Account

To use the Services, you may be asked to provide information such as your email address, billing details, payment information, and shipping information. You agree that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You also confirm that you have your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

2. Our Products

We do our best to show our products and services accurately in our online store. However, colors or appearance may vary depending on your device, settings, and screen.

We do not guarantee that the appearance or quality of any product or service will meet your expectations or exactly match what is shown online.

Product descriptions may change at any time without notice. We may also discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

3. Orders

When you place an order, you are making an offer to buy. Your order is not accepted until POPTIQUE confirms it. We may accept or decline any order at our discretion. Payment must be received and processed before an order is accepted.

Please review your order carefully before submitting it, because cancellation may not be possible after acceptance. If we do not accept, change, or cancel your order, we will try to notify you using the email address, billing address, or phone number you provided.

Purchases are subject to return or exchange only under our Refund Policy.

You confirm that purchases are for your personal or household use and not for resale or export.

4. Prices and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when you place your order and will be shown in your order confirmation email. Unless we say otherwise, prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or third-party stores. From time to time, we may offer promotions with separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information. You also agree to update your account details, including your email address and payment card information, when they change so we can complete transactions and contact you if needed.

You confirm that: (i) the card information you provide is true, correct, and complete; (ii) you are authorized to use that card; (iii) your card company will honor the charges; and (iv) you will pay the posted prices, including shipping, handling, and any applicable taxes.

5. Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.

Once products are transferred to the carrier, title and risk of loss pass to you, except where applicable law requires otherwise.

6. Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of those materials, are owned by POPTIQUE, its affiliates, or its licensors and are protected by intellectual property laws.

You may use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent, except where permitted by law.

Nothing in these Terms gives you a license or other rights to any patent, trademark, copyright, or other intellectual property of POPTIQUE, Shopify, or any third party unless we expressly say so. All rights not expressly granted are reserved.

POPTIQUE’s names, logos, product and service names, designs, and slogans are trademarks of POPTIQUE or its affiliates or licensors and may not be used without prior written permission. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans are the property of their respective owners.

7. Optional Tools

We may provide access to third-party tools as part of the Services. We do not monitor those tools and do not control them.

These tools are provided “as is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement. We are not liable for losses or issues that arise from your use of optional third-party tools.

If you use optional tools, you do so at your own risk and discretion, and you should review the terms provided by the third-party provider.

We may also add new features, tools, or resources in the future. Any new features will be part of the Services and will be subject to these Terms.

8. Third-Party Links

The Services may include links to websites or services operated by third parties, including embedded third-party functionality. We are not responsible for reviewing or evaluating the content, accuracy, or practices of those third parties.

If you leave the Services to access a third-party site, you do so at your own risk. We are not responsible for harm or damages related to your use of third-party websites, products, services, resources, or content. Please review third-party policies carefully before completing any transaction. Questions or complaints about third-party products or services should be directed to the third party.

9. Relationship with Shopify

POPTIQUE is powered by Shopify, which helps us provide the Services. However, your purchases are made directly with POPTIQUE.

By using the Services, you understand and agree that Shopify is not responsible for any sales between you and POPTIQUE, including any injury, damage, or loss resulting from purchased products or services. You release Shopify and its affiliates from claims, damages, and liabilities arising from your transactions with POPTIQUE.

10. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read those policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services to provide and improve them. Information you submit may be shared with Shopify and with third parties in other countries so the Services can function properly. Please review our Privacy Policy for more details.

11. Feedback

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial use.

For example, we may use Feedback to operate, provide, evaluate, improve, or promote the Services and to carry out our obligations and exercise our rights under these Terms.

You confirm that: (i) you own or have the necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives you received for submitting it; and (iii) your Feedback complies with these Terms. We are not required to keep Feedback confidential, pay for it, or respond to it.

We may monitor, edit, or remove Feedback we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that it will not contain libelous, unlawful, abusive, or obscene content, or any virus or malware that could affect the Services. You may not use a false email address or misrepresent who submitted the Feedback. You are responsible for the Feedback you submit and its accuracy, and we are not responsible for Feedback posted by you or any third party.

12. Errors, Inaccuracies, and Omissions

Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to update information or cancel orders if information is inaccurate, even after you have submitted your order.

13. Prohibited Uses

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local law, rule, or regulation;

(c) to infringe our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person;

(e) to transmit false or misleading information;

(f) to send, receive, upload, download, use, or reuse any material that does not comply with these Terms;

(g) to send advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or interferes with anyone’s use of the Services or that, in our judgment, may harm POPTIQUE, Shopify, users of the Services, or expose any of them to liability.

You also agree not to:

(a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, or pretext the Services;

(e) use any robot, spider, scraping tool, data-gathering or extraction tool, automated process, or similar means to access the Services without our permission, or in a way that interferes with or burdens the Services; or

(f) interfere with, bypass, or circumvent security features, authorization measures, or robot exclusion headers we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means any software or service that acts autonomously or semi-autonomously on behalf of a person or entity and can be run on a person’s device without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and follows the requirements below. We may also limit, including through technical measures, whether and how any Agent can access or interact with the Services.

Agents must:

(i) identify in all HTTP/HTTPS requests that the request is from an Agent, and include the Agent’s name in the user agent string as Agent/[agent name];

(ii) not conceal or hide that access, use, or interaction is being performed by an Agent, including by mimicking human behavior or bypassing CAPTCHA or other measures intended to distinguish human from computer use;

(iii) respond truthfully to any question intended to determine whether interactions are coming from a human or a computer; and

(iv) not circumvent or avoid any measure intended to block, limit, modify, or control how Agents access, use, or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services, or any part of them, at any time, in our sole discretion, and without notice. You will remain responsible for all amounts due up to the date of termination.

These sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Binding Arbitration and Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

16. Disclaimer of Warranties

The information presented on or through the Services is provided for general information only. We do not guarantee that it is accurate, complete, or useful, and any reliance on it is at your own risk.

Except as expressly stated by POPTIQUE, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind, whether express or implied, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, POPTIQUE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for any injury, loss, claim, or damages of any kind, including direct, indirect, incidental, punitive, special, or consequential damages, such as lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products purchased through them.

This includes claims based on contract, tort (including negligence), strict liability, or any other legal theory, and includes claims arising from errors or omissions in content or from any loss or damage resulting from content or products made available through the Services, even if we were advised of the possibility of those damages.

18. Indemnification

You agree to indemnify, defend, and hold harmless POPTIQUE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from:

(1) your breach of these Terms or the documents they incorporate by reference;

(2) your violation of any law or the rights of a third party; or

(3) your access to or use of the Services.

We will notify you of any indemnifiable claim, and a delay in notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, including choosing counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which you will not unreasonably withhold. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent allowed by law, and the unenforceable part will be severed from these Terms. That will not affect the validity or enforceability of the remaining provisions.

20. Waiver; Entire Agreement

If we do not exercise or enforce any right or provision of these Terms, that does not mean we waive that right or provision.

These Terms, together with any policies or operating rules posted on the site or in connection with the Services, make up the entire agreement between you and us and govern your use of the Services. They replace any prior or contemporaneous agreements, communications, or proposals between you and us, including earlier versions of these Terms.

Any ambiguity in these Terms will not be interpreted against the drafting party.

21. Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

22. Binding Arbitration and Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to your use of the Services or purchases from POPTIQUE will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

You and POPTIQUE agree to give up the right to litigate claims in court or before a jury. Any claim, dispute, or controversy arising out of or relating to these Terms, the Services, or any product purchased from POPTIQUE will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration will be conducted in Williamson County, Texas, or virtually if both sides agree. Judgment on the arbitrator’s award may be entered in any court with jurisdiction. Each party will bear its own costs and attorneys’ fees unless the arbitrator decides otherwise under applicable law.

23. Class Action and Jury Trial Waiver

All claims must be arbitrated or litigated on an individual basis, not as part of a class, collective, or representative action. You and POPTIQUE each waive the right to a jury trial and the right to participate as a plaintiff or class member in any purported class or representative proceeding.

24. Headings

The headings in this agreement are for convenience only and do not affect its meaning.

25. Changes to Terms of Service

You can review the most current version of these Terms of Service on this page at any time.

We may update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and the changes will take effect on the date stated in the notice. Your continued use of the Services after changes are posted means you accept those changes.

26. Contact Information

If you have questions about these Terms of Service, please contact us at support@poptique.toys.

POPTIQUE
support@poptique.toys