Terms and Conditions

Payment Methods. The Service accepts payments through most major credit cards and some debit cards. We use a third party payment processor, Shopify, to process all transactions and we do not collect or store your financial information. We may add or remove acceptable payment methods at any time. Not all accepted payment methods will be valid for all transactions. When you provide a payment method to the Service, you confirm that you are permitted to use that payment method. By submitting an order through the Service, you authorize us, through our designated agent or payment processor, to charge the full amount to the payment method you designate. You also authorize us to collect and store that payment method and related transaction information. You alone are responsible for overdraft or other fees from your bank.

Taxes. You are responsible for ensuring applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase are paid. Also you are responsible for paying import fees, usually as part of clearing their parcel through customs or when they receive their item. The Service may collect sales tax for certain U.S. jurisdictions. However, no warranty or representation is made that the amount of such collection is sufficient or complete. If you do not pay sales or other taxes or fees on a transaction, or if the amount you paid is later determined to be insufficient by the applicable authority, you will be responsible for payment of the taxes and fees determined payable on any purchase. We reserve the right to collect such taxes or other fees from you at any time.

Errors. We do not warrant that Products or descriptions, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Service or at any point in the ordering, processing or delivering of a Product or otherwise, we reserve the right to correct the error and revise the order if necessary or to cancel the order and refund any amount charged. Your sole remedy in the event of any error is to cancel your order or obtain a refund consistent with these Terms of Sale.

Order Support. For questions about your order, contact our support team at support@popngames.com

 

ONLINE STORE TERMS

***Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service***

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We reserve the right to limit the amount of an item purchased based on popularity, price, etc.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Termination/Cancellation By POPnGAMES. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Holds. We may hold an order for any reason at any time in its sole discretion. We may find suspicious activity or, you may ask us to hold an item instead of shipping straight away. Whatever the reason, we will contact you and/or you us.

Combinations. We may combine orders from the same Account into fewer shipments in our sole discretion. You may request orders be combined as well.

 

Returns/Exchanges. ***NO MERCHANDISE MAY BE RETURNED WITHOUT PRIOR AUTHORIZATION FROM POPNGAMES.COM***  Request an RMA # by emailing "support@popngames.com.” Please let us know why you are returning the item or if there was anything wrong with your order (I.E. - item received damaged, parcel is missing, item received not in the same condition as advertised, etc).

All return claims must be made within 30 days of shipment date. Returns must be made within 14 days of the issuance of the Return Authorization (return shipping label) to be eligible for receipt of the refund discussed (full/partial).

Unopened, NEW items must be claimed & returned within 30 days of purchase. If a NEW, unopened item is opened, a restocking free of up to 50% will be applied (or more depending on the item).

Merchandise sold on a non-returnable basis may not be returned.

***POPnGAMES does reserve the right to deny any return on any basis as well as order cancellation.***

Shipping charges are non-refundable.

The issuance of an RMA # does not insure credit will be given. All returns are evaluated upon receipt to determine the amount of credit, if any, will be given.

Feedback. If you give us suggestions about the Service, which we’ll call “Feedback”, you assign us all rights in that Feedback and agree that we can use and exploit it in any way we want. We will treat any Feedback you give us as non-confidential and non-proprietary. You agree that you will not give us any information or ideas that you consider confidential or proprietary.

Indemnification. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your purchase of any Product, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Shipping: The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes POPnGAMES to import the goods on his behalf. Further, the consignee/buyer agrees that POPnGAMES may delegate the obligation to import the goods on his behalf to a subcontractor. The consignee will pay the taxes & duties in addition with the purchase price of the goods.

 

Third-Party Links & Ads

Third-Party Links & Ads. The Service may contain links to third-party websites and services or display advertisements for third parties. These “Third-Party Links & Ads” are not under our control, and we are not responsible for them. We might provide access to Third-Party Links & Ads as a convenience, but we don’t review, approve, endorse or make any promises or warranties with respect to them. You use Third-Party Links & Ads at your own risk. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should look into those policies in whatever depth you think appropriate before proceeding with any Third-Party Links & Ads.

Release. You release and discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE.” WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination. These Terms will remain in effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. We will not have any liability to you for any such termination of your rights. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, and Sections 3 through 10.

General

Changes. We might change these terms sometimes. If we make bigger changes, we might notify you by e-mail to the address we have on record for your account or by posting a notice on the Service. You are responsible for providing us with your most current e-mail address. If the e-mail address we have for you is not valid or the email doesn’t reach you for any reason, our dispatch of the e-mail containing the notice is still effective notice of the changes. Any changes to these Terms will be effective upon the earlier of 30 days after the e-mail notice 30 days after our posting of notice of the changes on the Service. Changes will be effective immediately for new users of the Service. Continued use of our Service following notice will indicate acknowledgement and agreement to be bound by the new terms and conditions.

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes (except claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. All arbitration proceedings will be in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the address listed in Section 10.8. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, NY for such purpose.

Electronic Communications. You consent to receive communications from us in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the communication would satisfy if it were a hard copy. This does not affect any non-waivable rights.

Entire Terms. These Terms are the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of the right or provision. Section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright © 2021 POPnGAMES, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.