OUR TERMS AND CONDIIONS OF SALE AND USE

This page (together with any documents referred to on it) sets out the terms and conditions (“Terms”) upon which you may (i) purchase products from us (whether in your capacity as a business or as a consumer) via our website and (ii) use our website: https://yellowpop.co.uk/ for UK customers or yellowpop.fr for French customers.     

 

Please read these Terms carefully before you submit any order to us. These Terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

In these Terms, the following words and expressions shall mean:

Yellowpop”, “we”, “us” or “our

Rocketpop Ltd (company number 11528901) a company incorporated in England and Wales, whose registered office is Aston House, Cornwall Avenue, London, United Kingdom N3 1LF. Our registered VAT number is: GB312420362.

 

Contract

the contract between you and Yellowpop for the sale and purchase of the Goods in accordance with these Terms and the Order.

 

Custom Goods

customised LED neon sign products which are made bespoke to your specifications as a result of User-Generated Content you upload to the Website and order via (https://yellowpop.co.uk/pages/customise). 

 

Force Majeure Event

any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, global pandemics, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of our suppliers.

 

Goods

the products (including, where relevant, Custom Goods) that you specify in the Order.

 

Intellectual Property Rights

any patents, utility models, rights to inventions, droits d’auteur, copyright and related rights, trade marks, trade names, business names and domain names, rights in get-up, rights in goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Losses

in relation to any matter, means all damages, losses, liabilities, costs (including legal costs), charges, expenses, actions, proceedings, claims, penalties, fines and demands.

 

Order

the online order you submit with a view to purchasing the Goods from us.

 

Price

the price payable by you to us for the Goods as detailed in the Order or on our Website. The Price is inclusive of VAT unless stated otherwise.

 

User-Generated Content

any text, graphics, images and any other specifications that you upload to the Website when submitting an Order for Custom Goods.

 

 

Website

the website owned and operated by Yellowpop:.     https://yellowpop.co.uk/ or yellowpop.fr.

 

you” or “your

the person or entity identified in the Order that purchases the Goods from us.

 

 

PART A: TERMS AND CONDITIONS OF SALE

 

  1. Our Contract with you
    • You place an Order with us for the Goods when you enter the required details on our checkout page and click on the checkout button to place your Order. We encourage you to check the details of your order and the total price, and to correct potential errors before placing your Order.
    • The Contract will come into effect when we send an email to the email address you gave us in your Order confirming our acceptance of your Order, and not before we receive payment for the Goods and delivery costs. We won’t charge you for the Goods or delivery costs if your Order is not accepted.
    • You will own the Goods once we have received payment in full for the Goods and delivery costs.
    • We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
  2. The Goods

General Goods

  • You acknowledge that the images of the products on our website are for illustrative purposes only, and that although Yellowpop tries to represent our products faithfully, we cannot guarantee that colours displayed on your device will precisely reflect the colour of the imaged product. If you would like to purchase a specific colour and are unsure of its exact specifications, please contact us before placing an Order.
  • We reserve the right to make changes to the Goods to reflect changes in relevant laws and regulatory requirements.
  • All Intellectual Property Rights in the Goods are reserved to Yellowpop or its licensors.

Custom Goods

  • You acknowledge that Custom Goods may have restrictions placed on them. For instance, the Custom Goods cannot contain either a lowercase “i” or “j” due to the manufacturing method. We will inform you of any applicable restriction on the relevant product page. Please contact us if you would like to discuss any restrictions before placing an Order.
  • When purchasing Custom Goods, you:
    • grant to Yellowpop a non-exclusive, irrevocable, sublicensable, royalty-free, worldwide licence to use the User-Generated Content to produce the Custom Goods and use the Custom Goods in marketing materials for case studies; and
    • warrant to Yellowpop that:
      • you are the sole legal and beneficial owner and own all rights and interest in the Intellectual Property Rights that subsist in the User-Generated Content;
      • the User-Generated Content is your own original work and has not been copied wholly or substantially from any other source;
      • the manufacture and supply by Yellowpop or its partners, agents or suppliers of the Custom Goods will not infringe the rights (including Intellectual Property Rights) of any third party.
    • You hereby agree to indemnify Yellowpop for any and all Losses suffered by Yellowpop arising directly or indirectly as a result of your breach of the warranties at clause 2.5.2.
    • Yellowpop shall have the right to reject any Order for Custom Goods if, in Yellowpop’s sole discretion, the Order breaches Yellowpop’s Terms and Conditions of Use (see Part B of these Terms) or any other part of these Terms.
  1. Price and payment
    • You must pay the full Price of the Goods and delivery costs at the time of the Order.
    • The Price does not include delivery costs. Our delivery costs are as follows:
      • for Orders under £50.00 the cost of delivery is £4.99;
      • for Orders over £50.00 the cost of delivery is £0.00;
      • you have the option to choose express delivery, the cost of which is £99.00.
    • It is always possible that some of the Goods we sell may be incorrectly priced, as a result of a software or administrative error. We will normally check the Price before accepting your Order. If there is an error so that the Goods' correct Price is less than our stated Price, we will charge the lower amount. Where the Goods’ correct Price is higher than the stated Price, we will contact you and give you the option of either paying the correct Price or cancelling the Order and returning the Goods to us.
    • If you are tax exempt, you must contact Yellowpop before placing an Order for the Goods. Yellowpop will not be able to refund any applicable tax once an Order has been processed.
  2. Delivery
    • Delivery is deemed to take place once the Goods are delivered to the address you designate in your Order or, failing delivery there, to the depot nominated by the delivery service provider.
    • You will be responsible for the Goods once they are delivered to the address you designated in the Order or the nominated delivery depot. You may incur storage costs or further delivery costs if you do not collect the Goods, or arrange a re-delivery, from the delivery depot.
    • The estimated delivery time for standard delivery is 3-4 weeks from placing your Order. If you have chosen express delivery, we will aim to deliver the Goods in 10-15 days from you placing the Order.
    • Any dates quoted for delivery of the Goods in these Terms are approximate only and the time of delivery is not of the essence. We will tell you if delivery is delayed by a Force Majeure Event. Yellowpop shall not be liable for any delays to delivery outside of our control, including postal delays.
    • If you are a consumer residing in France, clauses 4.1, 4.2 and 4.4 do not apply to you. Delivery will be deemed to take place and you will be responsible for the Goods once you or a third party you have designated physically takes possession of the Goods. In accordance with article L. 216-2 of the French Consumer Code, if delivery is not made within the timeframe stipulated at the time you place your Order, you may terminate the contract by registered letter with acknowledgment of receipt or in writing via another reliable medium if, after having instructed us to make the delivery, under the same conditions and within a reasonable additional period, we have not complied with such instruction. Any amounts paid shall be refunded.
  3. Goods Warranty
    • Yellowpop shall ensure that the Goods are free from defects in design, material and workmanship and will remain so for:
      • 12 months where the Goods are intended for and have been used indoors; and
      • 6 months where the Goods are intended for and have been used outdoors,

after the deemed date of delivery in accordance with clause 4.

  • You shall not benefit from the warranty set out at clause 5.1 in respect of:
    • any defects, fault or damage to the Goods which have arisen (directly or indirectly) from:
      • any unsuitable or improper use (as determined by Yellowpop in its sole discretion) of the Goods (such as impact, shock, fragmentation, etc.), neglected maintenance, or other act not in accordance with our instructions;
      • any loss, theft, accident, fire or other natural disaster;
      • any wilful damage, tampering or negligence;
      • any repair, modification or addition to the Goods otherwise than carried out by us; or
    • any fair wear and tear and normal aging.
  • If we breach the warranty in clause 5.1, Yellowpop’s sole liability and your sole remedy shall be a replacement of the Goods at no extra cost to you. For any defects in design, material and workmanship after (i) 12 months in respect of Goods which are intended for and have been used indoors or (ii) 6 months in respect of Goods which are intended for and have been used outdoors, from the deemed date of delivery, you shall have no rights of repair or return.
  • If you are a consumer residing in France, Yellowpop warrants that the Goods will conform with the Contract as set forth in Articles L. 217-4 et seq. of the French Consumer Code and warrants the Goods against latent defects as set forth in Articles 1641 et seq. of the French Civil Code.

If the Good you have purchased does not conform with the Contract, you have a period of two years from delivery of the Good to make a claim under French consumer law and are not required to supply proof of the existence of a lack of conformity.

You can choose between the repair or the replacement of the Good, unless one option is clearly more expensive than the other, in which case we may proceed with the less expensive option, pursuant to Article L. 217-9 of the French Consumer Code.

This legal warranty of conformity is applicable irrespective of the commercial guarantee which may have been granted to you.

In addition, you are also entitled to a warranty against hidden defects in the Good within the meaning of article 1641 of the French Civil Code. In this case, you can elect between the cancellation of the sale or a reduction in the sales price pursuant to article 1644 of the French Civil Code.

  1. Your rights to return or refund
    • The right to change your mind - ‘cooling-off period’. If you are acting as a consumer, for most products bought online you have a legal right to change your mind within 14 days and return the products to receive a refund. You therefore have 14 days from the date of delivery of the Goods in accordance with clause 4.1 of these Terms to change your mind and return the Goods to us for a refund.
    • The right to change your mind in clause 6.1 shall not apply:
      • if you are acting in a business capacity and not purchasing the Goods as a consumer for private domestic use; and
      • in respect of Custom Goods.
    • You may also have the right to end the Contract (and return the Goods for a refund if applicable):
      • if what you have bought is damaged on delivery; or
      • we have told you about an error in the Price of the Goods you have ordered and you do not wish to proceed.
  1. How to obtain a refund (including if you have changed your mind)
    • If you are you are entitled to end the Contract under clause 6, you must:
      • notify us by emailing us (contact details are contained in clause 13). Please provide your name, address, order number and, where available, your phone number; if you are a consumer residing in the European Union, you may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to notify us before the withdrawal period has expired.

then:

  • return the Goods to us within 14 days of notifying us, by posting them to our warehouse (you must confirm the address with our team member before shipping back an item). The deadline is met if you send back the Goods before the period of 14 days has expired; and
  • pay the costs of returning the Goods, unless the Goods were damaged prior to delivery to you.
  • Subject to clause 7.1, if you are entitled to end the Contract under clause 6, We will refund the price you paid for the Goods (and delivery costs where Goods were damaged prior to delivery to you or if you are a consumer residing in the EU with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery we offer) without undue delay and in any event not later than 14 days from the day on which we received your notification. We will carry out such reimbursement using the same method you used for payment, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
  • We may reduce the refund referred to in clause 7.2 (either in whole or in part and excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling of them other than what is necessary to establish the nature, characteristics and functioning of the Goods. If we refund you the price paid before we are able to inspect the Goods, but later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
  1. Our rights to end the Contract
    • We may end the Contract at any time by writing to you in the event of:
      • a Force Majeure Event;
      • a breach of the warranties in clause 2.5.2; or
      • if you do not, within a reasonable time of us asking for it, provide us with information that we need to provide the Goods (for example, the correct delivery address).
    • If we end the Contract in the situations set out in clause 1 (save in the case of clause 8.1.2) we shall refund any money you have paid in advance for Goods we have not provided.
  2. Our liability
    • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • To the maximum extent permitted by law, Yellowpop shall not be liable for:
      • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or other commercial opportunities;
      • loss or corruption of any data, database or software; and
      • any special, indirect or consequential loss or damage.
    • Yellowpop does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. To the extent permitted by law, and except as otherwise provided in these Terms, we exclude all conditions, warranties, representations or other terms which may apply to your use of the Goods, whether express or implied. Nothing in this section or these terms will affect your statutory rights as a consumer.
  3. The Waste Electrical and Electronic Equipment Regulations (“WEEE Regulations”)
    • The WEEE Regulations require businesses to take an active role in the processing of waste electrical and electronic equipment (“WEEE”). Distributors, including retailers, are required to provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge.
    • If you are a consumer and you purchase Goods which we supply to a private household, you shall be entitled to return any household WEEE to Yellowpop within 28 days of the purchase free of charge, provided that:
      • the WEEE is of an equivalent type to; and
      • has fulfilled the same function as,

the Goods.

  • As an alternative, please take your WEEE to your local recycling facilities where special facilities exist for disposal.
  • For the avoidance of doubt, clause 2 applies to domestic WEEE from private households only. If you are a business customer, you agree that you are responsible for the collection, recovery and disposal of all non-household WEEE.
  • Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination; harming wildlife and human health. To remind you that old electrical equipment can be recycled, electrical equipment is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin but recycle it instead
  • If you would like to discuss this further or would like further information, please contact us using the details at clause 1 below.
  1. How we may use your personal details

We will process personal data regarding you in accordance with our obligations under applicable data protection laws including the GDPR, the UK GDPR (as defined in section 3(10) of the Data Protection Act 2018) and our privacy policy (a copy of which is available here: https://yellowpop.co.uk/pages/privacy-policy).

  1. Retention of the Contract
    • In accordance with Article L. 213-1 of the French Consumer Code, Yellowpop will retain and archive, for 10 years, the Contracts entered into with you for a value of EUR 120 or above and will grant you access thereto at any time.
    • You may exercise your access right by contacting us (see Clause 13 below).
  2. Contact
    • If you have any queries or any concerns about these Terms, you may contact us via email at hello@yellowpop.com or at the addresses shown on our Website.
    • If we have to contact you, we will do so via email at the email address you provided to us in your Order or contact details you have provided to us via our Website.
  3. General
    • We may transfer our rights and obligations under these Terms to another organisation, and will ensure that the transfer will not affect your rights under the Contract.
    • The Contract and these Terms are between you and Yellowpop. No other personal shall have any rights to enforce any of their terms under the Contracts (Rights of Third Parties) Act 1999.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • No failure or delay by us to exercise any right or remedy provided for under the Contract, these Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

 

 

 

PART B: TERMS AND CONDITIONS OF USE

  1. Website Use
    • You may not use the Website to:
      • transmit any content, information or other materials that are, or which Yellowpop considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
      • introduce viruses, worms, Trojan horses and/or harmful code into the Website;
      • violate any applicable local, state, national or international laws or regulations.
    • You shall not (and shall not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Website, any part thereof or access thereto.
  2. Third-Party Links and Content
    • The Website may contain links or references to non-Yellowpop websites, products, services or other materials or content (“Third-Party Content”).
    • By accessing and/or using the Website, you agree that Yellowpop is not responsible or liable for any Third-Party Content or for the actions of those that provide or use such Third-Party Content. Yellowpop has no control over the Third-Party Content. Any link to any Third-Party Content does not imply that Yellowpop endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
    • Yellowpop does not monitor, verify, censor or edit any Third-Party Content.
    • When you access or use Third-Party Content, you accept there are risks in doing so. Yellowpop encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy applicable to the Third-Party Content you access or use.
  3. Availability of Website and disclaimers
    • Any online facilities, tools, services or information Yellowpop makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.
    • To the maximum extent permitted by law, we provide no warranties, express or implied, of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Yellowpop is under no obligation to update information on the Website.
    • Whilst Yellowpop uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses and other malware, we give no warranty or guaranty in that regard and you shall take responsibility for your own security, that of your personal details and your computers.
    • Yellowpop accepts no responsibility for any disruption or non-availability of the Website.
    • Yellowpop reserves the right to alter, suspend or discontinue any part (or the whole of) the Services. These Terms shall continue to apply to any modified Services unless expressly stated otherwise.
  4. Which laws apply to these Terms

These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are governed by English law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

You agree that the English courts shall have non-exclusive jurisdiction to deal with any disputes. If you are a consumer residing in the EU, then the courts of your country of residence may have jurisdiction to hear any dispute that may arise out of or is related to this Contract.