TERMS OF SALE AND CONDITIONS
GENERAL INFORMATION
This website ("www.fileunderpop.com") is provided by File Under Pop ApS, Frederiksgade 1, 1st floor, 1265 Copenhagen K, Denmark, Vat: 33 49 76 36, +45 33 32 98 98, info@fileunderpop.com. If you experience problems with your order on the Website or the general use of the Website, please contact our Customer Service:
Email: webshop@fileunderpop.com
Telephone:+45 33 32 98 98 (Telephone hours: 10 am – 4 pm)
Ordinary mail: info@fileunderpop.com
Address: Frederiksgade 1, 1st floor, 1265 Copenhagen K, Denmark
If you do not understand parts of the Terms and Conditions, we recommend that you contact Customer Service before you start shopping on the Website.
2. IMPORTANT NOTICE
READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOUR ORDER GOODS FROM www.fileunderpop.com
These terms and conditions(the "Terms and Conditions") apply when you order or buy goods on the Website. The Terms and Conditions maybe updated from time to time (for example to reflect changes in technology, our business model, our system capacity or in relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to"you" or "your" means you as a user of the Website, any reference to "we", "us" or "our"means File Under Pop ApS.
If you do not accept these Terms and Conditions, you cannot order or purchase goods on the Website.
You have the right to withdraw from this contract without giving any reason within 14 days after the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. Read more under "Right of withdrawal".
The rules on lack of conformity in the Danish Sale of Goods Act apply to your purchase, which means that you have certain statutory warranties for the goods' conformity with the contract. Read more under "Non-conforming goods and incorrect goods".
Ordering
The online shop is open 24 hours a day but may be closed due to maintenance services. To the extent possible, we try to perform such maintenance services during the night.
An order placed on a public holiday or during the weekend will be processed on the following business day.
You must be at least 18 years old to purchase goods on the Website and possess a valid payment card that is accepted by us. If you are under the age of 18, you must have a legal basis for entering into a contract with us.
We can only process your order if the delivery address is a residential address or a business address in one of the countries on the "We deliver to" list. We do not deliver to PO boxes.
Among other things, we reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:
Your payment details are incorrect or cannot be verified
Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offense or other unlawful activities
There is an inadvertent error on the Website, such as a payment error or the like
We have reasons to believe that you are under the age of 18
Contracts can only be concluded on the Website. We do not process orders made in emails, letters or faxes.
At what point in the ordering process
are you bound by your order?
Before submitting the order you have the option of changing the information that you have provided, including delivery and billing information or payment information. Furthermore, you have the option of making changes to your order or to remove goods from your shopping cart.
When you click "Purchase" and the receipt appears on your screen, you are bound by the contract of purchase. Please read more under "Right of withdrawal".
Please contact our Customer Service if you made a mistake while placing your order - they are ready to help you.
You will receive an automatic email confirming your order. When the order is dispatched, you will receive an email with shipment confirmation and delivery time.
After the conclusion of the contract, the provisions on withdrawal apply, see below.
Language of the Contract
This Contract may only be concluded in English.
Access to the Contract
You will receive a confirmation of the content of the contract. We store concluded contracts, including the order confirmation, for a certain amount of time, and we recommend that you save these documents as well; they may not necessarily be available on the Website subsequently. Please read more under "Order tracking and view history".
Measures against fraud
In order to protect you and our other customers against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data that you send when ordering, including your address and payment information.
3. MEANS OF PAYMENT
We accept the following means of payment:
Mastercard
Visa
American Express
Discover
Apple Pay
CVV (Credit Card Verification Number)
If you pay by credit card, you will be asked to enter the card's security code. You will find the three-digit security code on the back of your credit card, usually on the right side of the credit card's back. The security code is necessary for the payment to be processed and for maintaining a high level of security. There may also be other similar safeguards.
Payment procedure
Once your goods leave our warehouse for delivery, your payment will be debited on the selected payment service. You will receive an email confirming that your order has been shipped.
4. PRICES AND DELIVERY
All the listed prices for goods, delivery costs and other costs include taxes and value-added taxes.
Costs related to delivery, shipping or postage may vary and are added up during before finalizing the purchase. You choose your preferred method of delivery, and thereby agree to the listed costs of that method.
Currency
The prices on the Website are shown in the currency applicable to your country.
Please note that a change of country of delivery may influence the delivery costs.
You can pay in the following currency: DKK
Delivery
Delivery We deliver to the following countries:
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Lithuania
Luxembourg
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Switzerland
We do not ship to the Faroe Islands, Greenland and Iceland
Delivery Terms
Goods will be delivered to the delivery address specified in the order. We only deliver to residential and business addresses - not to PO boxes. You can also Pick Up your order at our pick-up points.
Your goods will be delivered Monday to Friday. The time of delivery depends on the country in which the delivery takes place and the carrier used.
The goods must be signed for upon receipt. It does not necessarily need to be signed by you. People at the delivery address (e.g. a family member, friend, receptionist, etc.) may sign for the receipt with binding effect on you.
Our carrier will make at one delivery attempt. At the delivery attempt, the carrier will leave a receipt (in paper form or by email/phone) which informs you about the details of the closest location of self-pickup. The carrier will usually keep the goods for up to 7 days before returning them to us as undelivered. Please note that our carrier can also deliver the goods to your neighbor, if you have given your consent to this and if the circumstances allow it.
Please note that the risk of loss of or damage to the goods passes to you after delivery. If the package appears to be damaged, you should refuse to receive the goods. If you wish to complain about any lack of conformity, you are required to give notice to us. Please read more under "Non-conforming goods and incorrect goods".
Storage/Responsibilities
File Under Pop waves all responsibilities for product issues related to delays caused by the customer e.g. prolonged storage of products at our warehouse or at the customers premises that cause damage to the product.
File Under Pop cannot take responsibility for any damages related to customers product storage outdoors or indoors that is not suitable for the product. Furthermore, we wave all responsibility for the product in case of a prolonged storage at our own warehouse that is more than one month after the agreed week of delivery at the time of purchase. A fee of 100€ will be charged to the customer pr. month of prolonged storage at our warehouse. We suggest customers to store their products in a dry and clean space with temperatures above 0 degrees. All product claims have to be made in writing immediately following product delivery.
Separate deliveries
If your order consists of multiple goods, we reserve the right to make separate deliveries. Separate deliveries may be necessary if certain goods are delayed or out of stock at the time of order. You will be informed if your order is subject to separate deliveries. You will not be charged with additional delivery costs for separate deliveries.
Order history
If you create a user account on the Website, you can view your order by visiting the Website click on the top right “Sign In” and then click "my account". Here you can also view your order history, save your payment and shipping information.
If you do not have a user account, you can contact Customer Service who will do their best to give you information about the status of your order.
5. Right of withdrawal
(only applicable to consumers)
You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period will expire 14 days after the delivery of your order. To exercise the right of withdrawal, you must inform us at webshop@fileunderpop.com.
File Under Pop paint is tinted by our in-house artisans. Therefore, each order of paint is custom-made. This means that all rights to return paint are waived unless otherwise agreed in advance.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, excluding the costs of delivery as soon as we receive the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
You will have to bear the direct costs of returning the goods. You must return the goods in the same packaging that you received them in. If that is not possible for you, you must use equivalent shock absorbing packaging for returning the goods. If the returned good has been damaged due to not using shock absorbing packaging, we will not be able to reimbursement the full amount to you.
You must send back the goods or hand them over to us at our Color Lab; File Under Pop, Esplanaden 6, 1265 Copenhagen K, Denmark, without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us.
We recommend that you save the post office receipt as proof of your delivery of the package to the post office/carrier.
For perishable goods, any refund is subject to the packaging and/or containers being intact. If such goods show signs of having been opened File Under Pop can refuse to refund such goods on return.
6. NON-CONFORMING GOODS
AND INCORRECT GOODS
Please contact our Customer Service at webshop@fileunderpop.com if your goods are non-conforming.
In the case of non-conforming goods or incorrect goods, you can choose between the following options:
Return the goods and receive a refund of the purchase price and all delivery costs when our Customer Service has processed the returned goods,
Return the goods and receive similar goods when our Customer Service has processed the returned goods, provided we can supply an equivalent, or
Keep the goods and request a proportionate reduction of the purchase price
When contacting Customer Service, you will be asked to provide the order number, possibly the goods/item number, and to describe what is wrong with the goods, etc.
You are not responsible for costs associated with the return of non-conforming goods or incorrect goods. We will refund the purchase price and the delivery costs once we have received the goods unless you choose to receive new goods to replace the original goods.
7. OTHER MATTERS
Updating the website
We do our best to update the Website and to ensure that prices, offers, descriptions and other information concerning the goods are correct. Typographical errors and errors in prices, offers, descriptions and other information concerning the goods may occur, and sometimes we discover that the prices on goods are incorrect.
Force Majeure
We are not responsible for delays or failure to meet our obligations in relation to the Terms, if the delay or the non-compliance is due to events beyond our control.
The completeness of the contract
These Terms and Conditions constitute the complete terms of the contract between us.
Invalidity
If one or more of the provisions in the Terms and Conditions are declared fully or partially invalid, the remaining provisions still apply.
Assignment
We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by the assignment. We will notify you of such possible assignment. By accepting these conditions you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.
Privacy Policy
We treat your personal data confidentially. Please read our Privacy Policy that explains how we use the personal data that you provide in connection with the ordering procedure, and your use of the Website in general.
Right to complain
In case you wish to complain about goods purchased from us, please contact our Customer Service. You can contact our Customer Service by telephone, email or ordinary mail. You can find our contact information under "General information" above.
You may also submit a complaint about goods purchased from us to the Danish Dispute Resolution Institute, Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark. You can submit a claim online through Klageportalen for Nævnenes Hus.
You may also use the European Commission online complaints register when submitting your complaint. This is particularly relevant if you are a consumer residing in another EU country. You may submit the complaint by using the following link: http://ec-europa.eu/odr. When submitting the complaint, you must state our email address webshop@fileunderpop.com.
Choice of law and jurisdiction
Any contracts concluded between us using these Terms and Conditions are governed by Danish law. Any dispute which may arise in connection with our contract, including its existence or validity, must be brought before a competent court in Denmark. As a consumer you may bring proceedings against us in the courts for the place where you are domiciled.