The terms and conditions set forth herein (the "Terms & Conditions") define the legal terms applicable to your use of our app and website (”the Platforms”).
We invite you to carefully read these Terms and Conditions, ensuring that you fully understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you continue to use the Platforms or place an order, this will be considered an acceptance of these Terms and Conditions.
If some of the provisions contained in this document are not clear to you, then please contact us at [email protected] to discuss what they mean in your specific case.
Popseekl operates a social media-inspired marketplace which allows independent brands and retailers to independently sell products via our website and mobile apps (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 SRL (hereinafter “Popseekl”, “we”, “our” or “us”), an Italian SRL headquartered at Via Monte di Pietà 19, 20121, Milano, Italia, registered with the Commercial Court of Milano, and whose Publication Director is the President of the company Mr. Giovanni Labate e Mr. Giancarlo Scanagatta.
Our Services are provided through the Platforms. Further details regarding the services we offer are outlined in Section 3 below. When you purchase products through the app, you purchase from our Partners. It is important to emphasize that the contract related to the purchase of products is established between you and the relevant Partner. Our company acts as a facilitator on behalf of the Partners, who are the principal obligors, and your purchase is not made through us. We are authorized by the relevant Partners to enter into the contract on their behalf, but we are not a party to that contract, and the products are not purchased from us or through our company as your agent. Further details about the products, the Partners, and the contract between you and the Partners regarding the purchase of the products are provided in Sections 5, 6, and 7 below.
As mentioned above, the simple use of the Platform implies the acceptance of these Terms of Use, independently of whether you have registered with a personal account on the Platform or not.
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.
3.1 You acknowledge and agree that Popseekl only act 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).
3.2 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: