Terms & Conditions
1. LEGAL NOTICE
We request that you carefully read these General Terms and Conditions, which comply with the obligations set forth in Law 34/2002 of the LSSI-CE (Ley 34/2002 de los Servicios de la Sociedad de la Información y del Comercio Electrónico) and the Privacy Policy and Cookies before using this website, since by using and browsing it you agree to be bound by them.
2. OWNERSHIP OF THE DOMAIN WWW.POP-I.ART
We inform you that the ownership of the domain www.pop-i.art belongs to Design Collision S.L., registered in the Mercantile Register of Barcelona in Volume 46.111, Folio 111, Page 509754. Hereafter “the Company”).
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3. CONTACT DETAILS
Email: info@pop-i.art
Main Phone: +34 630 373 533
4. PURPOSE AND SCOPE OF THESE GENERAL TERMS AND CONDITIONS
Navigation of this website implies the user’s explicit acceptance, without reservations of any kind, of the present General Terms and Conditions. These General Terms and Conditions shall be valid indefinitely, and the Company may modify this website and make any changes and modifications it deems appropriate and necessary for its proper functioning without prior notice to the user. We therefore recommend that this legal notice be reviewed periodically.
5. RIGHTS RESERVED
We reserve the right to deny access, cancel any account, and delete or modify any content in the event that the user fails to comply with applicable law, these General Terms and Conditions, and any other applicable terms and conditions or policies, without incurring obligation to compensation or indemnification.
6. AGE OF MAJORITY
Minors should refrain from making purchases through this page. To place an order or register as a user, you must be of legal age and be legally capable of entering into contracts.
7. ORDERING
To place an order, you can either register as a user or order as a guest without registering.
You must keep your passwords private and out of the reach of unauthorized third parties. Users confirm that the data requested by the page and submitted are true, complete and accurate, and users are responsible for notifying the site of changes that occur in them.
You may cancel or modify your order any time prior to receiving the confirmation email informing you that the package has left our facilities. Once the package has left our facilities, no modifications or cancellations can be made. For cancellations or modifications, please contact Customer Service through the Contact page. See section 12 for your cancellation rights.
8. STOCK AVAILABILITY
All orders are subject to stock availability. In the event of supply problems or items being out of stock, we will refund all payments made, but admit no further liability.
9. DELIVERY DATE
If it is not possible to meet the stated date of delivery for your order due to force majeure or reasons beyond our control, we will inform you as soon as possible, and you may choose to proceed with the purchase on the new delivery date provided or cancel with a full refund of the price paid. Please note that we do not make home deliveries on Saturdays, Sundays or public holidays.
An order shall be deemed delivered once the customer receives the package, as confirmed by signature at the agreed delivery address. In the event that we are unable to deliver your order, our partner DHL will contact you to set a new delivery date or deliver to a new shipping address if necessary.
10. PRICES
The prices on this website include VAT only if you are the end consumer and this tax is applicable. Our prices may be subject to change, but such changes will not affect the orders that have already received a confirmation email.
11. PAYMENT METHODS
By credit card or Pay Pal.
To minimize risk of unauthorized access, your credit card information will be encrypted. By clicking on “Authorize Payment,” you are confirming that you are an user holder of that credit card. Please note that credit cards may be subject to authorization by the issuer, and if payment is not authorized, your order will not be processed.
12. RIGHT OF WITHDRAWAL
You have the legal right to return your purchase within 15 calendar days without cause. Your right to return purchase applies only to products returned in the same condition in which you received them. No refund will be made if the product has been used (apart from the opening of the package), is not in the same condition in which it was delivered, or has suffered any damage. You must return the product with the entirety of its original packaging, the instructions and any other documents that may accompany it.
Returns can be made by using the return form on the Contact page, and we will arrange pickup. Returns are free of charge and will be picked up by DHL at the address you provide. Please return your order as soon as possible. Note that if you decide to return the goods on your own, without prior authorization from GS, we may refuse delivery or charge you for the shipping costs if they are not already paid. You will also assume whatever risks may arise if the goods are damaged in transit. Once we have examined the returned item and verified that it is in good condition, we will proceed with reimbursement. Refunds will be made in the same payment method used to pay for the purchase. If you have any questions, you can contact us through the details that you will find on the Contact page.
13. DEFECTIVE PRODUCTS
If at the time of delivery you believe that the product does not comply with the specifications stipulated in your order, you should contact us immediately through the details you will find on the Contact page, providing product data and detailing the problem or defect in question, or by phone at +34 630 37 35 33, and we will tell you how to proceed. You can return the product by sending it to our warehouse a) via DHL b) through other carriers, with you incurring the costs of shipping.
We will proceed to examine the returned product and will inform you by email within a reasonable period of time whether the product is eligible for refund or replacement, and if it is, the refund or replacement will be processed as soon as possible. Payment for products returned for an alleged defect will be refunded in full, including the delivery, when such a defect is determined to exist. The refund will be made in the same payment method used to pay for the purchase.
14. RETENTION OF TITLE
You will acquire ownership of the products when you have made your payment in full to the Company, including delivery charges if any.
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15. THE COMPANY'S EXEMPTION FROM LIABILITY
When the cause of these is beyond the Company’s control or cannot be attributed to the Company’s behavior, The Company shall not be liable for any damages due to hacking, computer viruses, bandwidth overloads, or operating system malfunctions in the Company’s or users’ computers that prevent or delay the provision of services or navigation through this website.
The Company's liability in relation to any product purchased on this website shall be strictly limited to the purchase price of said product and, unless otherwise specified provided by law, we will not accept liability for any loss of revenue or sales; loss of business; loss of profits; loss of data; loss of management time.
Although, in principle, the operation of the site can be guaranteed 365 days a year, 24 hours a day, we do not rule out the possibility of circumstances that may cause interruptions in service due to force majeure or events beyond our control, and in these cases, the user cannot claim financial compensation for the interruption.
16. INTELLECTUAL AND CORPORATE PROPERTY
All content published on this website, including but not limited to designs, photographs and images of the glasses, texts, graphics, logos, icons, buttons, as well as software, trade names, trademarks, corporate designs, and any thing else that may be construed as corporate insignia, are the intellectual and corporate property of the Company or third party owners who have authorized their inclusion on the Website, and are subject to all relevant laws concerning intellectual and corporate property.
Under no circumstances shall it be understood that any license is granted, nor any waiver, transfer, total or partial assignment of such rights, nor are any rights or expectations of rights hereby conferred, including but not limited to alteration, exploitation, reproduction, distribution or public communication of content, without the prior express authorization of the Company or of the corresponding owners.
It is forbidden to use this website for public or commercial purposes, and you may not use, reproduce, distribute, modify, publicly communicate, transfer, or transform the contents of the website. Placing hyperlinks for commercial purposes on other pages that allow access to this website without prior consent of the Company is likewise expressly forbidden.
In the event that our website contains links to other web pages and third-party materials, such links are provided for information purposes only, and we have no control over the contents of these web pages or materials. We therefore accept no liability for any damages or loss arising from their use. In any case, as providers we declare that we will remove any content or redirection to another website that violates national and international legislation, morality or public order, notifying the relevant authorities of the content in question.
17. CORRECT USE OF THIS WEB SITE
You are obligated to comply with the proper use of this Web Site by not intentionally introducing viruses, Trojans, or any other technologically pernicious programs or material. Unauthorized access to this website, the server that hosts this website, or any server, computer or database related to the website is prohibited. Furthermore, in the event of a breach of this clause, you will immediately lose authorization to use this website.
As providers, we refuse any liability arising from information published on our website by a third party in cases in which this information has been manipulated. We cannot guarantee that the use made of the website and its services is in accordance with the law and these general conditions, but appropriate measures will be taken to comply with the law. Moreover, as providers we will not be responsible for any damages or loss resulting from a denial-of-service attack, virus, or any other technologically pernicious program or material that may affect your computer equipment, data, or materials as a result of the use of this website or the downloading of content from it or to which it redirects.
18. COMMUNICATIONS
We will contact you primarily by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and agree that all contracts, notices, information, and other communications that we send you electronically comply with the legal requirements of written notice without in any way affecting your statutory rights.
User communications should preferably be sent through the contact details that you will find on the Contactpage. We may send communications to your email address or, if appropriate, to the postal address you provide us when placing an order. Notifications will be deemed received and valid at the time they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter, in the case of mailings. In order to prove that notice has been given, in the case of a letter, it shall be sufficient to show that it was correctly addressed, stamped, and duly sent from the post office or a letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
19. PARTIAL INVALIDITY
If any of these General Terms and Conditions are declared null and void by a final decision of the competent authorities, the remaining Terms and Conditions shall remain in force and shall not be affected by such declaration of invalidity.
20. MODIFICATION OF THE GENERAL TERMS & CONDITIONS
The Company reserves the right to modify these General Terms and Conditions, the Privacy Policy, or the Cookie Policy in use. If strictly necessary, we will inform you of the changes made. These will not be retroactive and, subject to possible exceptions on a case-by-case basis, will be applicable ten (10) days from the date of their update on this website. If you do not agree with the changes, please do not continue to use this website.
21. APPLICABLE LAW AND COMPETENT JURISDICTION
The use of this website and contracts for the purchase of products through it shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or the formalization of such contracts shall be subject to the jurisdiction of the courts and tribunals of Barcelona, with the proviso that, if you enter into such a contract as a consumer, nothing in the present clause shall affect your rights as a consumer under current legislation at any given time.
22. SUGGESTIONS/COMMENTS
Please send your comments and suggestions, as well as any inquiries, complaints, or claims through our Contact page, using telephone, postal address, or e-mail address provided in the Contact Details of these General Terms and Conditions. Additionally, we make official complaint forms available to consumers and users. You can request one by calling + 34 63 037 35 33 or using the contact details on the Contact page. Your Customer Service complaints or claims will be dealt with as soon as possible, within a maximum period of thirty (30) calendar days.
23. ESCAPE CLAUSE
The possible invalidity or unenforceability of one or more clauses of these General Terms and Conditions, for whatever cause, does not imply the invalidity or ineffectiveness of these Terms and Conditions as a whole, and all other clauses shall remain in force.
These General Terms and Conditions have been updated on November 29, 2021.