Terms of service

OVERVIEW

Welcome to Wheely Pop! The terms “we,” “us,” and “our” refer to Wheely Pop. Wheely Pop operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Wheely Pop is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your statutory rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.

In order to use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have full authority to provide such information.

You alone are responsible for the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that the colors or appearance of the products may vary from the colors displayed on your screen due to the device you use to access the store, as well as its settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any individual, in any geographic region, or within any jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Wheely Pop reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until confirmed by Wheely Pop. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Wheely Pop may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number provided with the order.

Returns or exchanges of your purchases are subject to our Return Policy.

You represent and warrant that your purchases are for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price valid at the time of ordering and is stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, etc. 

Customs duties or import fees are included.

Prices displayed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may offer promotions on the services from time to time, which may affect pricing and may be subject to different terms and conditions than these. In the event of any inconsistency between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you have provided is true, correct, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges you incur will be covered by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the products over to the shipping carrier, title to and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, logos, text, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are owned by Wheely Pop, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you, nor may any such grant be inferred from these provisions, a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Wheely Pop, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Wheely Pop.

Wheely Pop's names, logos, product and service names, designs, and slogans are trademarks of Wheely Pop or its affiliates or licensors. You may not use these trademarks without Wheely Pop's prior written consent. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be granted access to customer tools offered by third parties as part of the Services, which we neither monitor, control, nor have any influence over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to the use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service. 

Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access at your sole discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of any products, services, resources, or content on third-party websites. You should carefully review the third party's policies and procedures and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE TO MERCHANTS: This section accurately describes Shopify's relationship with your store and should not be removed or altered.]

Wheely Pop is powered by Shopify, which allows us to provide the services to you. However, all sales and purchases you make in our store are made directly with Wheely Pop. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of the business transactions between you and Wheely Pop, including injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Wheely Pop.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is governed by our Privacy Policy, which can be viewed here [Privacy Policy]. In addition, certain personal information may be governed by Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them for you. Information you submit to the Services is shared with Shopify and with third-party service providers, who may be located in countries other than your country of residence, to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [Privacy Policy].

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, ratings, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.

You also represent and warrant that: (i) you own all Feedback content or have full and complete rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your feedback complies with these Terms and Conditions. We are under no obligation to (1) keep your feedback confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms and Conditions.

You represent that your feedback does not

Infringes the rights of third parties, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further warrant that your feedback does not contain defamatory or otherwise unlawful, abusive, or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or any third party regarding the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the event of inaccuracies, we reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state rules, regulations, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, injure, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that is not in accordance with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) to impersonate or attempt to impersonate any other natural or legal person, or (i) to engage in any other conduct that restricts or interferes with the use of the Services or that, in our sole discretion, could harm or expose Wheely Pop, Shopify, or the users of the Services to liability.

In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or close your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE AGREEMENT

We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice. You will remain liable for all amounts due up to the date of termination.

The following sections will survive termination of the Agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTY

The information presented in or through the Services is provided for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. 

At your own risk. We disclaim all liability and responsibility arising from your or other visitors to the Services, or any person who becomes aware of their content, relying on these materials.

Unless expressly stated otherwise by Wheely Pop, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF LIABILITY FOR IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Wheely Pop, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPROQUISITION COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES INCREASES EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wheely Pop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, made payable to any third party, arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of all recoverable claims, provided that failure to notify you promptly will not release you from your obligations unless you are thereby substantially disadvantaged. We may manage the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nevertheless remain in full force and effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such determination.

SECTION 19 – WAIVER CLAUSE, ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior faculties). 

(see the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or otherwise dispose of this agreement or your rights or obligations under these terms and conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and conditions and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW

These terms and conditions and any separate agreements under which we provide services to you shall be subject to and construed in accordance with the jurisdiction of the federal and state or territorial courts of the country in which Wheely Pop has its principal place of business. You and Wheely Pop consent to the jurisdiction and personal standing of such courts.

SECTION 22 – HEADINGS

The headings used in this agreement are for convenience only and do not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms and Conditions in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

For questions regarding the Terms and Conditions, please contact info@wheelypop.ch.

Our contact information is listed below:

Wheely Pop

info@wheelypop.ch
Josefstrasse 27, 8005 Zurich, Switzerland
+41 445 999 093
CHE-374.719.290