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Terms and Conditions ("Terms")
Last updated: September 23, 2016

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.popandsuki.com website (the "Service") operated by Pop And Suki, Inc. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

International Shipping

The goods will be imported on behalf of the consignee/buyer. The consignee authorizes Pop & Suki, Inc. to import the goods on his behalf. Further, the consignee/buyer agrees that Pop & Suki, Inc. may delegate the obligation to import the good on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition to the purchase price of the goods.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Pop And Suki, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pop And Suki, Inc.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Pop And Suki, Inc. Pop And Suki, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Pop And Suki, Inc. 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Pop And Suki, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall Pop And Suki, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Pop And Suki, Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

 

Privacy Policy
Last updated: October 23, 2018

Pop And Suki, Inc. ("us", "we", or "our") operates the www.popandsuki.com website (the "Service").

Here at Pop & Suki, we want to be transparent about the data we collect about you, how your data is used, and with whom it is shared.

This privacy policy, including our Cookie Policy, applies to all Pop & Suki services including the popandsuki.com website and other Pop & Suki related sites, apps, and communications.

For all users of Pop & Suki’s services, Pop & Suki, Inc. is your data controller — which will control the collection of your personal data as well as the processing as it relates to our services. By using our services and by submitting personal data, you agree to the collection and use of information in accordance with this policy.

Pop & Suki, Inc can modify this Privacy Policy, and if we make material changes to it, we will provide notice through your provided email address, or with in-site notices. This will provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account by emailing bff@popandsuki.com.

 

Information Collection and Use

Data You Submit to Us

In order to create an account with Pop & Suki, you are required to provide us with your first and last name, email address, and password. You may close your account by emailing bff@popandsuki.com, and we will remove your data after 30 days.

When you make a purchase with Pop & Suki, we ask you to provide us with certain personally identifiable information. This personally identifiable information includes:

  • Email address
  • First and last name
  • Postal address
  • Phone number
  • Credit card number, security code, and expiration date.


We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, including shipment, returns, and exchanges, obtaining payment for goods you order, and improving our services. With your explicit consent (by submitting your shipping information with the “Subscribe to our newsletter” option checked), we may also use this information to contact you for marketing purposes. 

Survey Responses

Occasionally Pop & Suki may offer a survey to users. Data provided in these surveys will be used to improve our services and is entirely optional. Responses may include but are not limited to information such as a review of your experience on the site or opinions on certain features.

Log Data

We log usage and analytics data when you visit or otherwise use the Service, such as when you view or click on a product or collection page, perform a search, or otherwise interact with the site. We use log-ins, cookies, device information, internet protocol (“IP”) addresses to identify you and log your use. This analytics information is processed by Google Analytics, Google Adwords, and/or Shopify analytics.

We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks related to delivering the products you request, maintaining and customizing your account and our interactions with you, and to provide, maintain, and improve our Services, and are obligated not to disclose or use your information for any other purpose.

Behavioral Remarketing

Pop And Suki, Inc. uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors (see “Service Providers”), use cookies to inform, optimize and serve ads based on your past visits to our Service.

In addition, we may use third party services that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information. The information we collect automatically may include:

  • URLs that refer visitors to our websites;
  • Search terms used to reach our websites;
  • Details about the devices that are used to access our websites (such as IP address, browser information, device information, and operating system information);
  • Details about your interaction with our websites (such as the date, time, length of stay, and specific pages accessed during your visits to our websites, and which emails you may have opened); and
  • Usage information (such as the number and frequency of visitors to our websites).

 

We may use the information we collect to: 

  • Communicate with you about our Services, including to tell you about products and services that may be of interest to you;
  • Respond to your requests, inquiries, comments, and suggestions;
  • Facilitate your engagement with the Services, including to enable you to post comments and reviews;
  • Offer contests, sweepstakes, or other promotions;
  • Conduct or administer surveys and other market research; and
  • Protect against, identify, investigate, and respond to fraud or other illegal activity.

 

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Do Not Track Disclosure

We support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Email Activity

If you opted to receive email notification, we may collect some statistics on your email activity in order to better understand our audience. This will activity may include the number of email opens, email clicks, email forwards, and unsubscribes.

If you choose to refer-a-friend through our loyalty program we may collect your friend's name and email address in order to send your friend an email inviting him or her to shop with us. We store information about the individuals you refer in order to send these emails and to administer and track the success of our referral program.

Communications

If you consent in advance, we may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance with Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If Pop And Suki, Inc. is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Cross-Border Data Transfers

While Pop & Suki is a US based company, as users of our site are located globally, we may process or store your data outside of your country. Some countries in which we process data may have laws that are different, and potentially not as protective, as the laws of your country.

Children's Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

This Privacy Policy is effective as of September 13, 2016 (as revised on October 23, 2018) and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us via emailPop & Suki, Inc., ATTN: Legal Department. Your privacy is important to us and we will make every effort to resolve your concerns.