Your terms and conditions of sale

1. IDENTIFICATION OF THE SELLER - LEGAL INFORMATION

ROCKETPOP SAS, owner of Yellowpop, is a simplified one-person company with a capital of €1,000.00, registered in the Paris Trade and Companies Register under number 880 628 169, and whose registered office is at: 10 Rue Pergolèse 75116 Paris, France - Individual VAT number: FR85880628169 (hereinafter the " Seller ")

The present site, accessible by the URL https://yellowpop.fr/ (the " Site "), is published by the Vendor, represented by Ruben Grigri duly authorized,

The Site is hosted by the company Shopify.

The Director of the publication of the Site is Ruben Grigri, who can be reached at the following email addresshello@yellowpop.com

 

2. GENERAL PROVISIONS

The purpose of the GTC is to set the terms and conditions under which the Seller sells through the Site LED lights and neon lights (decorations, custom creations, illuminated signs, home decorations, creative leisure and lights, various objects ...) (hereinafter the " Product(s)") open to any person or entity using the Site (the " Customer ").

The GTC form an integral part of the distance selling contract with the order placed by the Customer. The Customer declares to have read them before placing the order. Consequently, the validation by the Customer of his order implies acceptance of the GTC. The GTC apply to the exclusion of all other conditions. The GTC can be printed by the Customer and kept by him. The Seller reserves the right to modify the GTC at any time. The terms and conditions applicable to the Customer shall be those in effect at the time the order is placed.

The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.

 

3. PRODUCTS

In accordance with the provisions of Article L.221-5 of the Consumer Code, the Seller presents on its Site, on the one hand, the essential characteristics and prices of the Products, as well as all the information required prior to any order, so that the Customer can know this information before ordering, in addition to the legal information contained in the GTC.

The photographs illustrating, if any, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery.

 

4. CUSTOMER AREA

The Site allows the Customer to create his personal customer area through the following page: https: //yellowpop.fr/account/register. Once created, to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is up to the Customer not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA of the present General Conditions as well as with the confidentiality policy of the Seller.

The Customer declares that he/she has full legal capacity to commit himself/herself under the present General Conditions.

Registration is open to adults and minors provided that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Client.

Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the user name and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she is solely responsible for accessing the Service using his/her user name and password, except in the event of proven fraud.

Each Customer also agrees to inform the Seller without delay in the event of loss, misappropriation or fraudulent use of his login and/or password.

At the time of registration, the Customer agrees to :

- provide real, accurate, and up-to-date information at the time it is entered into the Service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.

- Maintain registration data to ensure that it is real, accurate and up-to-date at all times.

The Customer further agrees not to make available or distribute any illegal or objectionable information (such as defamatory or impersonatory information) or harmful information (such as viruses). Should the Customer fail to do so, the Vendor shall be entitled to suspend or terminate the Customer's access to the Site at its sole discretion.

 

5. ORDER

The order entry by the Customer is made either:

- directly via email by specifying the quantity, the reference of the desired products and by indicating "ORDER" in the subject of the email. In the case of an order by email, the invoice is prepared manually and a copy is sent by email as soon as the payment is validated to the Customer.

- on the Site, from the online catalog. To place an order, the Customer must select the chosen Products, add them to his basket by indicating the selected Products and the desired quantities.

The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it. The same procedure applies to products created entirely to order. It is the customer's responsibility to check and validate the size, font, color, text of his neon before validating the order.

 

Concerning personalized orders (with the exception of orders containing only personalized text for which the personalization takes place directly on the Yellowpop site in accordance with the present GTC):

1. Containing a logo and/or personalized design, orders must be addressed to the Yellowpop sales team, by sending a form containing the logo and/or design of the Client through the dedicated page https://yellowpop.fr/pages/customization-inquiry.
2. Following which the Yellowpop sales team sends a model requiring the validation of the Client.
3. Once the model is validated, the Customer places an order using a secure link to pay for the customized neon or the information communicated for a bank transfer to the Seller's account.

The Customer is responsible for the personalization of the neon signs and undertakes not to personalize any neon signs with offensive, illicit or reprehensible characters (such as defamatory characters or characters constituting a violation of intellectual property rights).

 

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails acceptance of the GTC and forms the contract.

The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery.

 

With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided by the seller within the framework of his activity which implies a custom-made manufacture of the customer's needs, the customer's orders are firm and definitive. Orders with personalized neon lights are not exchangeable.

 

The Seller shall not be liable for any compensation for cancellation, unless the non-performance of the contract is attributable to him personally.

The Seller reserves the right to suspend any order and/or to refuse to honor an order from a Customer who has not paid in full or in part a previous order or with whom a dispute exists.

In this respect, the Seller reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :

- The Customer would not respect the General Conditions in force at the time of his order;

- The Customer makes neon customizations with offensive characters that do not comply with the Seller's policy;

- Customer's order history shows that there are outstanding amounts from previous orders;

- One of the Customer's previous orders is the subject of a dispute being processed;

- The Customer has not responded to a request for confirmation of his order that the Seller has sent him.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Seller.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the responsibility of the Seller shall not be sought in the event that an error in the placing of the order prevents or delays the delivery of the Product ordered.

In the event of a breach by Customer of any of the provisions hereof, Seller reserves the right to terminate Customer's account without notice.

 

6. PRICES AND PAYMENT METHODS

6.1 Price:

The Product is invoiced at the price in force at the time of the order registration. Prices (including all taxes but excluding shipping costs in case of Product(s) order) may be indicated according to the Customer's location in the following currencies:

• 🇺🇸 US - USD

• 🇫🇷 FR - EUR

• 🇬🇧 UK - GBP

• 🇨🇦 CA - CAD

• 🇦🇪 UAE - AED

• 🇰🇷 KR - KRW

• 🇪🇺 EU - EUR

The price is payable cash on the day of the order.

 

6.2 Methods of Settlement

The payment is made :  

• By the Alma payment facility as provided for in article 6.3 of the present GTC (it being specified that this payment facility does not fall within the scope of the regulations on consumer credit provided for in article L 311-3 of the Consumer Code). The Customer materializes his request for access to the payment facility by clicking on the "Pay in several instalments" (or "Pay in 2 instalments", "Pay in 3 instalments", "Pay in 4 instalments") or "Check my card" (for "Pay in 15 days" or "Pay in 30 days") button of Alma.

  • Alma formalizes its agreement for this payment facility by the message "Payment accepted" or "Verified". The Customer's order is then validated and the payment facility takes effect immediately, the Customer will then be debited directly for the amount of the deposit.

  • The payment in several times will be spread over several monthly payments, the payment made at the time of the order is cashed as a deposit for the Seller its amount is not included in the credit.

• By bank transfer: an e-mail containing our bank details will automatically be sent to the Customer if this payment option is chosen. In case of payment by bank transfer, the final validation of the order associated with this method of payment will be done only after receipt of the amount due on the bank account of the Seller, whose details will have been specified to the Customer when selecting this type of payment. Consequently, the time limits applicable in this case run from the day of receipt of payment and may therefore be modified from those mentioned below.

• By credit card (Visa, Eurocard, Mastercard, American Express; on the secure payment site at the end of the order): the validation of the order by credit card is a mandate to pay the price including VAT of the order (shipping costs included).

• Or by PayPal (on the secure payment site at the end of the order): payment by Paypal is debited from the Customer's Paypal account at the time of the order (including shipping costs).

The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered.

The impossibility of debiting the amounts due will result in the immediate nullity of the sale.

 

6.3 Special conditions of payment by Alma

• The Seller offers its Customers the Alma credit service for the settlement of their purchases and the execution of the payment. This is conditioned by the Customer's acceptance of the GTC or of the credit agreement proposed by Alma.

• Any refusal by Alma to grant credit for an order may result in the cancellation of the order.

• Any termination of the GTC between the Customer and the Seller shall result in the termination of the GTC or the credit agreement between Alma and the Customer.

• Payment in three / four times is available through our partner Alma. The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure.

• Purchase Amount:

  Only purchases between 50,00€ and 2.500,00€ are eligible for payment with Alma

• Fees: By paying in installments with Alma, the Customer does not pay any fees

• Alma is a telepayment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code

• Termination: Any termination of the T&Cs between the Seller and the customer will result in the termination of the UGCs between Alma and the customer.

For further information, please contact the alma teams at [email protected].

 

7. AVAILABILITY

The Products are offered within the limits of available stocks. In case of unavailability of the ordered Product after the order is placed by the Customer, the latter is informed by e-mail or by mail.

The Customer shall have the choice of requesting an exchange of Products (with reimbursement by the Seller or payment by the Customer of the price difference, if applicable) or a refund of the sums collected within thirty (30) days. In case of impossibility of exchange, the order will be cancelled and the Customer refunded.

 

8. DELIVERY

When the amount of the order of Products is higher than 50 euros, the shipping costs are offered.

For some islands or territories with difficult access, additional fees may apply.

Shipping costs depend on the configuration and customization done online of the neon. For other installations, other shipping charges may apply, depending on the shape and size.

The Products are deliverable worldwide. Delivery is made by handing over the Product directly to the Customer, or to a third party designated by the Customer, other than the carrier proposed by the Seller. The Products are delivered to the delivery address indicated during the ordering process within ten days to three weeks after receipt of payment.

The shipment will be made by the Seller's logistic partners such as DHL Express, Fedex, UPS.

All shipments sent by the Seller are insured against theft and damage.

Seller cannot deliver to P.O. Boxes.

For partial shipments, shipping costs will be charged only once.

The Customer is responsible for all customs and import taxes that may apply. Seller is not responsible for any delays due to customs.

 

9. RETENTION OF TITLE

The Seller retains full ownership of the Products sold until full payment of all sums due by the Customer in connection with his order, including shipping costs and taxes. In any case, in the absence of payment, the Seller reserves the right to consider the sale as automatically cancelled.

 

10. TRANSFER OF RISK

The risks of the Product shall be borne by the Customer from the time the Product is handed over to the Customer or to the third party designated by the Customer at the time of delivery.

 

11. RECEIPT OF PRODUCTS

Upon receipt, the Customer must immediately verify, in the presence of the carrier, the condition of the packaging and the Product delivered as well as its conformity to the order. If, at the time of delivery, the packaging is damaged, torn or open, the Customer must check the condition of the Products it contains. If the Products have been damaged, the Customer must refuse the package and note a reservation on the delivery slip. This verification is deemed to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.

The Customer must then confirm by registered mail his reservations to the carrier at the latest within three days, not including holidays, following the day of receipt of the Products and send a copy of this letter to the Seller.

In the event of an apparent defect in the Product or non-conformity with the order, the Customer must return the Product to the Seller, indicating his reservations within 24 hours of delivery. Any claim made outside this period will not be accepted. The Product must be returned to the Seller in the condition in which it was received at the following address ROCKETPOP SAS / Urban Hub 1 place de la logistique, Bâtiment S, Quai 24, 94150 Rungis, France.

Due to the handmade nature of the goods, they may be subject to variation and slight discoloration. Some color variations may also occur due to computer monitor and printer calibration. Customer acknowledges that such variations and discolorations are not attributable to the Products and accepts the possibility of such occurrence.

If the apparent defect or non-conformity is recognized by the Seller, the latter will deliver a new Product to the Customer or, if the Product is unavailable, will proceed with the full refund of the Customer's order (including shipping costs).

Seller will not refund any money paid and will not accept any returns for custom ordered products.

 

12. LEGAL GUARANTEE

Unless the Customer is a legal entity or a natural person acting for purposes within the scope of his commercial, industrial, artisanal or liberal activity, the Customer benefits in any case from the legal guarantees. The Seller is thus bound by the defects of conformity and hidden defects under the conditions provided respectively by articles L.217-1 and following of the Consumer Code and 1641 and following of the Civil Code.

Article L.217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L.217-5 of the Consumer Code: The good is in conformity with the contract:

• (1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
  • if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
• 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.

Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

When acting under the legal warranty of conformity, the Customer :

- has a period of two (2) years from the delivery of the goods to act;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by the Seller.

When acting under the legal warranty of hidden defects, the Customer may choose between the resolution of the sale or the reduction of the sale price in accordance with Article 1644 of the Civil Code.

 

 13. RIGHT OF WITHDRAWAL 

In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code and with the exception of personalized orders as defined by Article L. 221-28-3 of the French Consumer Code, the Customer may renounce his order. To do so, he has a right of withdrawal. The Customer may exercise this right within thirty (30) days of receipt of the Product by the Customer or by a third party designated by the Customer, other than the carrier.

Before the expiration of this thirty (30) day period, the Customer must inform the Seller of his decision to withdraw by sending him an e-mail clearly and unambiguously expressing this decision and mentioning the number of his order via the contact form of the Site.

The Customer must return the Product(s), at his own expense, to the Seller, at the address mentioned on the withdrawal form (accessible at the end of these GTC), in its original packaging and at the latest within thirty (30) days following the communication of his decision to withdraw.

Seller shall refund Customer, including shipping charges, no later than thirty (30) days from the date Seller actually picks up the Product or from the date Customer provides Seller with proof of shipment of the Product.

 

14. DATA PROCESSING AND LIBERTIES

The personal data concerning the Customer and collected by the Seller are subject to computer processing. They are necessary for the processing of the Customer's order, as well as for the follow-up and management of his requests within the framework of his contractual relations.

These data are kept by the Seller and are not transferred to third parties. However, it may be communicated to companies and establishments in its group, to its suppliers, or even to third parties or subcontractors for the sole purpose of processing the Customer's order.

In accordance with the law of January 6, 1978, known as "Data processing and Freedoms", modified in 2004, the Customer benefits from a right of access to the information concerning him and of correction of these, which he can exert by addressing, by mail to the following address: 10 RUE PERGOLESE 75116 PARIS 16. The Customer may also, for legitimate reasons, oppose the processing of data concerning him.

The Customer is likely to receive communications within the framework of marketing operations as well as commercial offers from the Vendor for products and services similar to those he has ordered. If the Customer no longer wishes to receive such communications, he/she may contact the Customer Relations Department at the postal address or e-mail address mentioned above.

The Seller has a privacy policy that can be accessed via the following link: https: //yellowpop.fr/pages/politique-de-confidentialite

 

15. INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Seller is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Vendor on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.

The Seller reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.

 

16. MISCELLANEOUS PROVISIONS

The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.

Furthermore, in the event that one of the provisions of the GTC is or becomes invalid, impossible to execute or judged null and void, the other provisions will continue to apply between the parties and to produce their full and complete effect.

With respect to the invalidated or void provision, the parties shall endeavor to substitute a valid provision whose meaning is as close as possible to the invalidated or void provision.

 

17. APPLICABLE LAW AND JURISDICTION

The order and the GTC are subject to French law. For any dispute arising from the interpretation or execution of these terms and conditions, only the international chambers of the Commercial Court of Paris shall have jurisdiction.

According to the Regulation (EU) N°524/2013 on "Online settlement of consumer disputes" and Article L156-2 of the Consumer Code, the Customer benefits from an independent, impartial, transparent, efficient, fast and fair extrajudicial procedure for the settlement of disputes arising from the online sale of goods or services. This procedure is implemented through a freely accessible European platform.

The Customer can access this platform at the following address: http: //ec.europa.eu/consumers/ord

 

18. CUSTOMER SERVICE AND COMPLAINTS

The after-sales services performed by the Seller and not covered by the commercial warranty are subject to a contract, a copy of which is given to the Customer.

Warranty claims should be addressed to the Customer Service Department at the following address:

• E-mail address: [email protected]

Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Vendor provides Customers with a customer relations service accessible during working hours.

The Customer must clearly describe the detailed reason for his complaint and must provide the following information: name, first name, order number. The Seller undertakes to respond as soon as possible.

 

19. VARIATION

The present GTC may be updated by the Seller. The Customer is invited to regularly reread the GTC accessible on the Site.

 

Withdrawal form (to be printed or reproduced on plain paper)

(Please complete and return this form only if you wish to withdraw from the contract) To the attention of ROCKETPOP, 10 Rue Pergolèse 75116 Paris, France. I hereby notify you of my withdrawal from the contract for the sale of the following goods:   Order number: ....................................................... Ordered on: .......................................................   Product(s) / Course ....................................................... concerned: .......................................................   Name of the ....................................................... consumer(s) : ....................................................... Address of ...................................................... consumer(s) : ....................................................... Signature of the consumer(s) ....................................................... (only in ....................................................... case of notification ....................................................... of this ....................................................... paper form): .......................................................   Date: .......................................................