Table of contents
Last updated: December 01, 2021
Popseekl operates a social marketplace which allows creators and brands to independently sell their products via our website or app (the “Platform”).
In accordance with the provisions of the Confidence in the Digital Economy Act No. 2004 – 575 of 21 June 2004, we inform you that the Platform is operated by Popseekl SAS (hereinafter “Popseekl”, “we”, “our” or “us”), simplified joint-stock company with a variable share capital of 20 000€, headquartered at 10 Rue Greneta, 75003 – Paris, registered with the Commercial Court of Paris under number 890 141 955, and whose Publication Director is the President of the company Mr. Giovanni Labate.
Please take the time to read these conditions carefully. If some of the provisions contained in this document are not clear to you, then please contact us at firstname.lastname@example.org to discuss what they mean in your specific case.
Access to the service
All people accessing the Platform without a registered account are referred to as “Visitors”. In order to access some of the services available on Popseekl (including, but not limited to, purchasing an item and selling an item), you need to create a personal account with a username and a password (your “Account”). All people accessing the Platform with a registered Account, independently of their Account type (see Section “Account” below), are referred to as “Users”.
The Platform is available free of charge to any Visitor or User with an Internet connection, except for general expenses that you incur to access the Platform, which remain your sole responsibility (Internet, hardware, etc.). You will not be charged with a set-up fee nor with any recurrent subscription fee when registering an Account on the platform.
Depending on their Account type, Users have access to different capabilities.
When creating an account on the Platform, you will be automatically attributed a Simple User Account (“Simple User”). Simple Users have access to most of the services available on our Platform (including, but not limited to, following other Users, browsing through content, commenting on content, interacting with other Users, purchasing items on sale). They do not have access to seller features (ex. publishing listing, selling products, managing the store etc.) that are reserved to seller accounts;
In order to be attributed a Seller Account (“Seller”), you must fill out the Seller application form (available on your Account page) and be approved by Popseekl according to the provisions contained in the “Seller Agreement” (available here).
The provisions listed in this section apply to all Users, both Buyers and Sellers. The “Seller Agreement“ contains additional provisions that apply to Sellers.
By using our Platform, you warrant to be at least 18 years old. In case you are a minor under 18 and at least 13 years of age, you are only allowed to use our Platform under parental consent. Please be aware of the consequences of making a false statement on this matter.
The Platform content is not directed to children under the age of 13, and Popseekl does not collect any information about them nor allow them to register on the Platform. If it comes to our attention that we have unintentionally collected personal information from anyone under the age of 13, we will erase such information as soon as possible.
You warrant that all information you provide us is accurate and kept up to date subject to any change. It is prohibited to use false information or impersonate another person or company through your Account.
You must ensure that the email address linked to your Account remains active and that you check it regularly.
Your right to use Popseekl is personal and you cannot transfer it to another person. Unless you are a business, you must not allow someone else to impersonate you and use your account.
Be it for personal or for tax-related reasons, you should autonomously keep track of your activity on Popseekl, including but not limited to the items that you purchase and the messages that you receive. Under no circumstances shall Popseekl be held responsible for keeping track of such activities, and you agree not to rely on the Platform for the purpose of storing your own records.
It is of the utmost importance that you keep your Account secure. You are responsible for maintaining the confidentiality of your Account’s credentials. If you think that your Account may have been hacked and/or misused, contact us immediately at email@example.com.
We do not check in advance the content that you share on Popseekl (“Content”), which includes anything that you post or privately send to other Users through our Platform (profile pictures, bios, comments, reviews, messages etc.). Therefore:
You understand that you are the sole responsible for such Content;
You confirm that you have the right to post such Content and that you are not infringing someone else’s right by doing so;
A transaction (“Transaction”) on Popseekl consists in the transfer of a Sale Product from a Seller to another User (the “Parties”) in exchange for money. The purpose of the Platform is only to facilitate such Transactions, which are contracted directly between the Parties.
All Transactions must be carried out within our Platform and you are not permitted to buy/sell Products by making arrangements to bypass the payment methods available on our Platform. By using the Platform, you acknowledge and accept that:
In order to buy a Product on Popseekl, you must access the Platform through your Account and add the item of choice to your e-bag (“Bag”), then proceed to the checkout page (“Checkout”). In case you have not completed your profile with all the information needed to complete the purchase, you will be asked to provide such information at Checkout in order to be able to proceed.
On the basis of your shipping address, you will be able to see the delivery cost and to review the summary of your order. You are responsible for any mistakes regarding the content of the order and your address, so make sure that all the fields have been accurately filled in.
After reviewing the order, you must pay through one of the available payment methods to complete it. Once your order has been successfully paid for, you will receive a notification on your Account email address containing your order details.
Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. However, the Seller retains his/her moral right on the artwork as well as the rights regarding its reproduction.
You can pay by Credit/Debit Card. Payments are handled via an integration with our payment provider (Stripe).
As we do not take part in the Sale contract between you and your Seller, the Seller is the sole responsible for handling all claims and refund requests.
Sellers set out their own Refund Policy to inform customers on the way they handle returns and on the reimbursement procedure. Such policy will apply unless specified otherwise in the Sale Product Listing.
In case the Product is not shipped within the timeframe indicated by the Seller’s Shipping Policy, you are entitled to be fully refunded by your Seller and such provision cannot be overridden by the individual Seller’s refund policy.
In case of a situation of force majeure (Force Majeure), the execution of the Transaction may be suspended or, if the Transaction is completed, it may be cancelled.
The Party invoking Force Majeure must immediately inform the other Party, as well as upon its extinction thereof.
You acknowledge and agree that Popseekl only acts as a facilitator to the Transactions that you realise on our marketplace. As such, we cannot be considered in any respect a reseller of the Products listed on the Platform. We only act as an intermediary providing (i) the venue for Users to connect and (ii) all the features that we deem relevant to facilitate Transactions (including but not limited to listing, promotion and payments).
Thus, Popseekl is not a Party to the contracts stemming from the Transactions, which are concluded directly between the Parties. The Parties are therefore the only ones bound to the obligations arising from such contract. Popseekl is not responsible and shall not be held liable for any such obligations, including but not limited to:
the accuracy of the Listing;
the existence, quality, safety or legality of the Product;
the ability of the Seller to sell (i.e. the right of selling the item, its availability etc.);
the ability of Buyers to pay for the Product;
the fulfillment of the Transaction.
As we are not a party to these contracts, you must contact the other Party for all requests for information, claims and refunds.
You acknowledge and agree that the Platform is provided on an “as available” and “as is” basis. We cannot guarantee and we make no commitment that:
Our services will be uninterrupted, without delays, error-free. We reserve the right to modify, suspend, or terminate the Platform or any of its services at any time and at our sole discretion;
The use of the Platform will be secure at all times. We are not responsible and cannot be held liable for any loss or harm caused by viruses or programs designed by others to impair the Platform.
Under no circumstances we can be held liable for the effect that such changes, interruptions or security breaches may have on you, including but not limited to your capability to generate revenues through the Platform. We will not offer you compensation for any losses.
We reserve the right to change and update the Platform to try to find new ways to provide you with better services. Such changes may imply updating or stop offering any of the features that are part of the Platform and may affect your past and/or future activity on the Platform. Once we have made such changes, your continued use of the Platform will show that you have accepted them.
You can use Popseekl to interact with other Users. You understand that we do not screen Users of the Platform, and you release us from all liabilities relating to such interactions.
You are not allowed to interfere or disrupt the services offered by the Platform, for instance by
introducing viruses or distributing any other computer code that may harm the Platform or its Users;
circumventing the technical measures set up by us to protect or provide the Platform;
You must not use the Platform to cause harm to other Users and other people in general. For instance, you cannot
submit spam or repetitive messages and/or comments;
unfairly manipulate the Platform’s feedback system;
upload any unlawful content, or any other content that may be perceived as offensive, violent, threatening or defamatory;
upload material containing confidential information regarding a third party without the person’s consent
You are allowed to use all the material making up the Platform (images, text, design, etc.) for the sole purpose of using the Platform. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform. Except for what agreed by us in writing expressly and through reference to this Section (Your responsibilities), you cannot use the “Popseekl” name or any of our logos and brand features. You must not copy, edit and/or distribute the Platform’s content without our prior written consent.
In case we get sued because of something that you did, you agree to defend and fully indemnify us. This means that you will hold Popseekl (and any its employees) harmless from any legal claim that arises from your actions, your use of the Service, your breach of our policies or your infringement of someone else’s rights. In order to protect our best interests, we reserve the right of organising our defense as we deem appropriate (even in case you indemnify us) and you agree to cooperate in implementing our defense strategy.
If you find yourself in a dispute with another User, we encourage you to contact the other Party and try to resolve the dispute amicably.
In case an amicable solution between you and the other party cannot be reached, please do contact us at firstname.lastname@example.org and we will try to mediate the dispute.
In the event that the dispute would go unresolved, you have the right of recourse with a Consumer Ombudsman, as provided for in article L.611 – 1 and following, as well as R.612 – 1 and following of the Consumer Code.
The User will find the list of mediators on the government website dedicated to this purpose: http://www.mediateurfevad.fr
If you have a dispute with us relating to the Platform, please contact us in the first instance by writing an e-mail at email@example.com and attempt to resolve the dispute with us amicably.
You acknowledge and agree that, if your Account (or the Platform itself) is terminated, (i) these Terms will remain in effect, (ii) you will not be able to access your Account and any of its content anymore and (iii) we may delete any of the content/information we recorded about you.
You acknowledge that terminating your Account may not affect the availability of some of the content that you posted on the Platform before terminating your account. In case you wish to delete such content after your Account has been terminated, you may contact us at firstname.lastname@example.org.
Termination by you
You may terminate your Account at any time from your Account page. In case you have any outstanding obligations with other Users of the Platform or Popseekl itself, terminating your account does not release you from the obligation of fulfilling them.
Termination by us
Should we have any reason to believe that you have acted in violation of our policies or of any law or regulation in relation to your use of the Platform, we reserve the right to suspend or terminate your Account and your access to the Platform.
Under no circumstances we can be held liable for the effect that such termination may have on you, including but not limited to your capability to generate revenues through the Platform. We will not offer you neither indemnification nor compensation for any losses that you may incur.
Changes to these terms
Governing Law & Competent Jurisdiction
Any dispute concerning the validity, interpretation or execution of this agreement shall be brought before the Paris Courts.
We value hearing from our users, and are always interested in learning about ways we can improve the Platform. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.