User Agreement & Conditions of Sale

Terms and conditions

Disclaimer

You understand and agree that: 

  1. The site is provided on an “as-is” and “as available” basis. Our products are ex display and warehouse items. Items refer to products advertised as being sold on this website. Site refers to this website.
  2. The products advertised on this website are offered for sale subject to availability. Some items displayed on the site are also offered in other retail opportunities independent from Pop Up Design, and therefore some items may no longer be available.
  3. All orders will arrive after 90 days from the 30th of each month and available for pick up in one of our local warehouses or delivered if agreed so.
  4. Unless otherwise stated, the items are new and in perfect condition. Prior to purchase an item read carefully the description of each product.
  5. Although we do our absolute best to keep information correct and up to date, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the site. Pop Up Design has the right to correct any inaccuracies or mistakes, and to void, any purchase of an item that displays an inaccurate price or description once brought to our attention.
  6. If you are dissatisfied with the site and its contents, policies and terms, your sole remedy is to discontinue using the site.
  7. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage that results from the download of any such material.

User agreement and conditions of sale

Pop Up Design and its related sites, products, services, and tools (individually and collectively, the “site”) is owned and operated by Concept & Co Pty Ltd (ACN 638 793 012) trading as Pop Up Design (ABN 21 638 793 012) “popupdesign.com.au” “Us” or “We” or “Seller”). This user agreement and conditions of sales (“terms”) govern your (“User” or “You”) use of and conduct on the site. Should you purchase any item(s) on the site, the conditions of sale beginning, principally, at Clause 3 (referred to as the “Conditions of Sale”) shall govern your transaction as a prospective purchaser and buyer (collectively, “buyer”).

1. The site

The site provides an online store that offers to sell goods (“items”) to prospective purchasers. In the event of a sale of any item, the sale is made directly between the buyer and Pop Up Design and is governed by this User Agreement and the Conditions of Sale.

2. Terms of Use

Pop Up Design provides users with access to and use of the site subject to your compliance with these terms and the Pop Up Design’s privacy policy. Your use of the site constitutes your express agreement to these terms and our privacy policy. If you do not agree to these terms or our privacy policy, you may not access or use the site.

Conditions of sale

3. Relationship of the parties.

(a) Pop Up Design is responsible for accurately describing and pricing the items it is offering for sale and for delivering the items to a local Pop Up Design warehouse or to the buyer in accordance with the arrangements made between the buyer and Pop Up Design, including the transfer of title and payment of sales tax or GST or import/export duty to the appropriate authority.

(b) The buyer is solely responsible for determining the value, condition and authenticity of the items being purchased, to pay the purchase price to Pop Up Design including any sales tax, GST or import/export duties, and to arrange for shipping of the items purchased.

4. Items available on the site.

(a) All items displayed on the site are offered for sale subject to availability. Some items displayed on the site are unique and are also offered in other retail opportunities independent from Pop Up Design, and therefore some items may no longer be available.

(b) The buyer is aware that unless stated otherwise, items are new. An item may require touch-up or repairs prior to use and that the available information about these items will be displayed in the description.

(c) The buyer is aware that unless stated otherwise, Items require assembly.

5. The sale process.

(a) When a buyer identifies an item for purchase, the buyer may buy the item (“Purchase”) directly through the site’s checkout page, the buyer shall submit valid payment information to Pop Up Design for payment of the total purchase price. The “total purchase price” is defined as the price agreed to on the site and includes: (i) the final, agreed-upon price of the item (the “purchase price”); (ii) any applicable shipping fees; and (iii) GST. By making a “purchase”, the buyer irrevocably agrees to pay the total purchase price and, unless unavailable, as stated on clause 3. (a), Pop Up Design agrees to sell the item for the total purchase price to the buyer.

(b) Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the site. Pop Up Design has the right to correct any inaccuracies or mistakes, and to void any purchase of an item that displays an inaccurate price or description once brought to our attention.

6. Payment for purchased items.

(a) The buyer hereby irrevocably authorises Pop Up Design upon order confirmation to charge the buyer’s credit card or other payment methods for an amount equal to the total purchase price.

7. Delivery

All delivery and pick up options will be displayed during the checkout process, prior to payment and order confirmation.

  • Door-to-door* delivery Australia Wide, made by TNT | FedEx
  • Free Local pickup (Perth Wa only)
  • White Glove** Delivery Melbourne requires to request a quote.
  • White Glove Delivery other AU Cities requires to request a quote.

*Delivery Door-to-door means products are picked up at the door of the vendor and delivered to the recipient’s door (ground floor).

Australian Rural Areas are included, however, some rural/remote areas may require a fee. If you live in a remote area and are unsure about the delivery option please get in touch with us here.

**White Glove Delivery means inside delivery, room of choice and packaging removal all performed by our trusty partnered staff.

  • Buyer-arranged delivery. The buyer is, in every instance, free to arrange the buyer’s own delivery and may elect to use any company of its choice. The buyer may also ask Pop Up Design to arrange for delivery of any item on the buyer’s behalf which may be subject to pre-advertised delivery prices.
  • On occasion, certain items may be eligible for free delivery as indicated in the item description. Any offer of free delivery may be limited, and subject to certain exceptions as will be noted at the time of such a free delivery offer. In cases where free delivery is available, the remaining terms of this User Agreement and Conditions of Sale remain applicable. Pop Up Design reserves the right to cancel or modify any offer for free delivery at any time without notice.
  • Pop Up Design reserves the right to correct or cancel any transaction if an error is made in calculating delivery.

8. Transfer of title/risk of loss.

(A) Pop Up Design: (i) is the sole owner of every item displayed on the site, or is duly authorised by the owner to sell the item; and (ii) will convey good and marketable title of such item to the buyer following payment of the total purchase price for the item free and clear of any ownership claims by third parties.

(b) In the case of buyer-arranged delivery risk of loss and title for such item passes to the buyer upon the Seller’s delivery of the item to the carrier selected by the buyer for shipment or when the buyer picks up the item from the Seller.

(c) In the case of Seller-arranged shipping, risk of loss and title for such item passes to the buyer upon the buyer’s receipt of the item.

9. Sales are “as-is”.

(a) All items displayed on the site are sold “as-is”, “with all faults”. Pop Up Design makes no guarantee, warranty or representation, expressed or implied, to any buyer with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, or as to whether the buyer acquires any reproduction right or other intellectual property right in any item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation.

10. Remedies for non payment.

(a) If for any reason the buyer cancels payment made by credit card or any other means following receipt of the order confirmation or the buyer otherwise fails to make any payment with respect to the total purchase price (“default”), then the buyer shall remain liable to us for the total purchase price in full, as well as any additional costs related to the sale of the item, including but not limited to applicable taxes, storage, and handling fees and any incurred costs or fees associated with collection of any amount due to Pop Up Design including but not limited to legal fees and costs related to currency fluctuations.

  • Without limitation to any other provision of these terms, in addition to any other remedies at law or equity, Pop Up Design reserves the right, at its election, to retain any and all payments paid by buyer prior to default with respect to the item as liquidated damages, and to cancel the sale of the item without any further obligation to buyer.

11. Refusal of Transaction.

Pop Up Design reserves the right to withdraw any item from the site, to amend any content on the site, or to refuse service to anyone at any time in its sole discretion. Pop Up Design will not be liable to any user, or buyer or any other third party because it has withdrawn any item from the site, amended any of the content or denied access to the site.

12. Proprietary Rights.

  • As between users and Pop Up Design, (or other company whose marks appear on the site), Pop Up Design (or the respective company) is the owner and/or authorised user of any trademark, registered trademark and/or service mark appearing on the site, and is the copyright owner or licensee of the content and/or information on the site, unless otherwise indicated.
  • Except as otherwise provided herein, use of the site does not grant you a license to any content, features or materials you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of the site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Pop Up Design. If you make use of the site, other than as provided herein, in doing so you may violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. We do not grant any license or other authorisation to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the site.
  • The information on the site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
  • Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Pop Up Design or other entities. Such trademarks, service marks, and trade names may be registered in Australia and internationally.
  • Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
  • All images created or produced or modified by Pop Up Design are the sole property of Pop Up Design. Pop Up Design may use any such image to promote the site or for any other purpose at any time without restriction.

13. Modification.

  1. Pop Up Design has control over the look, feel, content, operations, and evolution of the site, and may modify the site and any content in our sole discretion.
  • We may modify these terms from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our terms with respect to this site. We encourage you to check the site frequently to see the current terms in effect and any changes that may have been made. By using the site following any modifications to the terms you agree to be bound by the modifications.
  • We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

14. Consent to processing.

(a) By providing any personal information to the site, all users fully understand and unambiguously consent to the collection and processing of such information in Australia. For further information data, please see our privacy policy available at https://popupdesign.com.au/privacy-policy/

(b) We control and operate the site from our offices in Australia, and all information is processed within Australia or at the location of our service providers. We do not represent that materials on the site are appropriate or available for use in locations outside Australia. Persons who choose to access the site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Site unavailability.

(a) You acknowledge that temporary interruptions in the availability of the site may occur from time to time as normal events.

(b) We may decide to cease making available the site or any portion of the site at any time and for any reason. Under no circumstances will Pop Up Design be held liable for any damages due to such interruptions or lack of availability.

16. Security rules.

Violations of system or network security may result in civil or criminal liability. Pop Up Design will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. Users are prohibited from violating or attempting to violate the security of the site, including, without limitation, the following: (i) accessing data not intended for you or logging into a server or account which you are not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the site, overloading, “flooding”, “mailbombing” or “crashing”, or sending unsolicited email, including promotions and/or advertising of products or services; or (iv) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

17. Termination of use.

Pop Up Design expressly reserves the right to terminate the use of, or to refuse to permit the use of, the site by any person or entity, at the sole discretion of Pop Up Design, for any reason or no reason at all, and without prior notice. In the event of termination, any rights or obligations regarding pending or completed purchases, or your indemnity obligations related to use of the site, shall survive such termination.

18. Notices.

Any notices shall be given by postal mail addressed to Pop Up Design, PO box 241 Mosman Park, Western Australia, 6912, to the attention of the Legal Department or to the email address provided by Pop Up Design and currently on record [if to a User]. Notices shall be deemed to have been given 24 hours after the email was sent, unless Pop Up Design is notified that the email address is invalid, in which event Pop Up Design may give notice by postal mail at the address provided to Pop Up Design by the User upon registration. Notice given by postal mail shall be deemed to have been given three (3) business days after the date of mailing.

19. General information.

If any provision of these terms is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the terms and will not affect the validity and enforceability of the rest of the terms. Failure of Pop Up Design to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Pop Up Design under these terms or at law. These terms represent the entire agreement between users and Pop Up Design and supersede and replace any other agreement between the parties including but not limited to any previous terms as they may have applied between users and Pop Up Design. Paragraph headings are for convenience only and not for interpretation of these terms.

20. Choice of law.

These terms, and any dispute arising therefrom, shall be governed by and in accordance with the laws of Western Australia without regard to conflicts of law.

21. Contact us.

To contact us with any questions or concerns in connection with these terms, or the site, please write to us at Pop Up Design, PO box 241, Mosman Park, Western Australia, 6912 or email us at support@popupdesign.com.au

22. Effective date.

These terms are effective as of January 1, 2020.