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Terms & Conditions

June 1, 2016

Acknowledgement and Acceptance of Terms of Service

These terms of use, which may be modified in future updates (“Terms”), are a binding contract between Popular Universe, (“Pop Uni” or “we”) and the customer (“you” or “Customer”). You must read and agree to these Terms, and the Privacy Policy, before using the Popular Universe.com website (the “Site”) or any of its services including software, games, applications, ordering, purchasing, or other features or functionality available on or through the site (collectively, the “Service”). By using the Service, you agree to these Terms.

The Terms of Service of Popular Universe are provided to you in connection with the Popular Universe service and merchandise that Customer may purchase. These terms and conditions comprise the entire agreement between Customer and Popular Universe with respect to the Service.

Age Requirement. You must be at least 13 years old to use the Service, and 18 or over to make a purchase.

Unless stated in writing otherwise, all fees and charges are nonrefundable.

Modifications to Terms of Service

Popular Universe may modify or change the terms and conditions of the Service occasionally. Upon any such change, Popular Universe will post the changes to the website from which the Service was purchased. Popular Universe reserves the right to modify or discontinue the Service with or without notice to Customer. Popular Universe shall not be liable to Customer or any third party, should Popular Universe exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications. If Customer has made a purchase on Popular Universe, around a time in which a necessary service has been modified or discontinued, we reserve the right to refund your payment.

Limitations to Service

Popular Universe shall not be liable for any failure or delay in performance due to any cause beyond its control. Popular Universe makes no guarantee that the Service will be uninterrupted, timely, secure, or error-free. Popular Universe reserves the right to refrain from providing the Service or product ordered and instead refund Customer’s payment.


Laws

The Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Customer and Popular Universe agree to submit to the exclusive jurisdiction of the courts in San Francisco, California.

If any dispute arises under these Terms we agree to attempt to resolve it by mediation. If mediation fails to resolve our dispute, then we agree to Arbitrate as follows:

Any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach of this Agreement must be submitted by the parties to binding arbitration in San Francisco, California, United States of America, before a single/3 arbitrator(s) agreeable to both parties. If the parties cannot agree on a designee within 6 weeks after arbitration is requested in writing by either party, the arbitration shall proceed in San Francisco, California, United States of America, before a single arbitrator appointed by the American Arbitration Association and under the rules then obtaining of that Association. The award is to be rendered in a form that judgment may be entered on it in any court having jurisdiction. The Arbitrator is to be held to apply US and State of California law, and precedents of the 9th Circuit. The arbitrator shall decide all questions of jurisdiction, Copyright, Trademark and Patent law, as well as all other controversies, actions and issues between the parties pursuant to or arising out of this Agreement or its performance.

If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as closely as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Customer and Popular Universe agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Intellectual Property

Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Popular Universe or its licensors.

Reservation of Rights. On its own behalf and the behalf of its licensors, Popular Universe reserves all rights in the Content, including any software and images of items for sale, not expressly granted in this TOS.  Popular Universe does not in any way grant any other rights to you. Except as expressly stated in this TOS, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including but not limited to, any software, images or text, without prior written consent from Popular Universe or other third-party owner of the rights in that Content (if any).

General Shipping Information

Your credit card will be charged at the time of your purchase. In-stock orders normally ship within 1 week unless otherwise noted. However, if an item is ordered during busy periods of time (such as around the holiday season or new product releases), orders may experience some delay to shipping. In general, we recommended to place Christmas orders by December 12th (for US orders) or by November 10th (for international orders).

Popular Universe generally uses USPS to ship orders. A USPS tracking number is automatically emailed to the buyer’s given email address for tracking purposes upon beginning of shipment. If you need any specialty means of shipment or wish to inquire about wholesale shipments, please contact us at our email address.

Generally, all items on backorder or out of stock are marked as such on the website. All shipping transit times quoted are to be counted in business days (Monday-Friday), rather than calendar days.

Certain items may ship separately from others. For example, if you purchase a book, a poster, and a toy, you will most likely receive your order in 2-3 separate packages.

It is the customer’s responsibility to keep Popular Universe updated with a current and accurate shipping address. If the customer provides Popular Universe with an incorrect shipping address, or if the customer changes their shipping address after making a purchase and does not update Popular Universe with their current and accurate shipping address before shipment, then the cost of resending the package is the responsibility of the customer. This includes orders of products that are on backorder or sold as a preorder. Please make sure that the current shipping address is provided clearly and accurately. Be sure to include all address information and a valid resident’s full name in the address.

Popular Universe has no control over, and takes no liability for orders that are lost in transit, as long as the loss is not due to any error of Popular Universe. Popular Universe is not held accountable for orders lost due to errors by the customer, postal system, or acts of nature.

It is recommended that you use a permanent address for receiving mail (as opposed to temporary addresses such as a vacation homes or school residences).


While in-stock items typically ship within a week of purchase, Popular Universe does not guarantee the receipt of orders in any specific timeframe. Please keep this in mind, especially if purchasing for a time-sensitive event, such as a holiday or birthday. Naturally, ordering further in advance is recommended for anyone shopping for time-sensitive events.


Please put our email address into your address book
, so that we will be able to write to you if we have any questions about your address or order.


International Shipping

International shipping takes much longer than domestic shipping. Depending on the country of destination, and even the region within the country, the order may take anywhere from 1 week to 4 weeks, or even more, before arriving.

Packages are subject to inspection, and any packages kept in customs for inspection will experience significant delay, which Popular Universe has no control over and takes no liability for.

Popular Universe has no control over, and takes no liability for orders that are “lost” in transit after the package departs from the U.S., as long as the loss is not due to any error of Popular Universe. Because international mail can take so long, we highly recommend using a permanent address (not a school or dormitory or vacation home) which has successfully received mail from the U.S. before. Be sure to include all address information and a valid resident’s name in the address.

You may need to pay additional import fees, taxes, brokerage fees, and handling fees to receive your order. These fees are not included in your shipping charges. We do not issue any refunds should you refuse to or neglect to pay the customs fees to pick up your parcel. Popular Universe cannot estimate customs fees, taxes, duties, etc. Please make sure you are familiar with your country's customs processing and fee structure before you order. If you have questions regarding your country’s customs policies, please consult your local customs office for this information before ordering with us. Some countries have very strict customs policies with fees that vary depending on what is purchased and how much the parcel is worth.

APO/FPO Shipping

If you are shipping to an APO or FPO address, please keep in mind that APO/FPO addresses may or may not take longer to deliver to than normal U.S. addresses. If you have any issues with trying to ship to an APO/FPO address, please write to our email address for assistance.

Write the recipient’s full name, grade, and PSC or unit number. The “City” field must be entered as either "APO" or "FPO". The “State” field must be entered as "AA" or "AE" or "AP". Also, remember to include the zip code.

Restrictions

We do not ship to hotels, inns, hostels, timeshares, et cetera because we cannot guarantee shipment of your order during the period of your stay.

For various shipping and customs law-related reasons, we cannot ship food, drink, or liquid products outside of the U.S.

Return Policy

You may return a product for refund, store credit, or exchange within 90 days of the order’s receipt.

If we shipped you the wrong product, or it arrived defective or damaged, we will send a full replacement or fully refund you for your purchase, provided that the returned item(s) are received back in their original packaging.

If you find that you ordered the wrong item, wrong size/color, or changed your mind, we will refund you for your purchase (minus the shipping cost), provided the returned item(s) are received back in their original packaging, provided the returned item(s) are found in "as-new" condition, and were not noted as non-returnable items.

When your return is received by Popular Universe, you will be issued a refund through PayPal.

Privacy & Security

Popular Universe takes your privacy very seriously. We will never give, rent or sell your information to any third parties. We use the information we receive from you only to process your orders or send you messages.

In certain circumstances, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or other such circumstances as required by law. We also reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.

Prohibited Conduct

You must not do, or attempt to do, any of the following, as reasonably determined by Popular Universe, subject to applicable law:

 (a) access or use the Service in any way that is not in compliance with any applicable local, state, national or international law, contracts, intellectual property rights, or constitutes the commission of a tort, or for any purpose that is harmful or unintended, or other than in full compliance with these Terms;

 (b) access, tamper with, or use services or areas of the Service that you are not authorized to access;

 (c) alter information on or obtained from the Service;

 (d) tamper with Content belonging to Popular Universe;

 (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;

 (f) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Popular Universe;

 (g) impersonate or misrepresent your affiliation with any person or entity;

 (h) reverse engineer any aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;

 (i) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or

 (j) take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.