Terms & Conditions
POP TERMS AND CONDITIONS
The present sets forth the applicable terms and conditions when you create a user account and order products from https://popmarket.gr or any of our available mobile applications. (hereinafter the “Website” or the “App” respectively or collectively “Pop”).
The Website and the App is operated by the Private Company «QUICK COMMERCE SINGLE MEMBER PRIVATE COMPANY» (hereinafter “the Company”), which is involved in the provision of ordering and delivery services for food, beverages, and related products.
The Company, through the present terms and conditions, does not guarantee continuous, uninterrupted, and secure access to the services of the Website and the App as their operation may be affected by external factors, beyond its control. Therefore, it cannot be held liable if the Website or the App or any of its provided services are unavailable at any time. Furthermore, the Company may change the content of the Website or the App at any time, it may suspend access to it or close it indefinitely, at its sole discretion.
Please read these terms and conditions carefully before creating an account or ordering any products from the Website or the App. Lawful use of the provided services through Pop shall constitute unconditional acceptance of these terms and conditions, as well as your compliance with the applicable legislation with respect to the use of the respective services.
In these terms and conditions:
“App” means the any and all available at any time Pop mobile applications.
“Company” means the Private Company «QUICK COMMERCE SINGLE MEMBER PRIVATE COMPANY», with registered address 67 Syggrou Ave & Zan Moreas 40B, Athens (Reg. no. 159933901000).
“Confirmation Notice” means the automatically generated message via the App or the Website to confirm the receipt of an order by Pop.
“Customer(s)” means the users of the Website or the App that have created a valid user account with the Website or the App.
“Delivery Fee” means the fee charged by Pop for delivering an order to a Customer.
“Pop” means the Website and the App collectively.
“User Account” or “Account” means a valid user account with the Website and/or the App created by following and completing the process and steps described therein.
“Website” means the website with url: https://popmarket.gr.
2. ABOUT US
The Company engages in the provision of ordering and delivery services for a wide variety of food, beverages, and related products via its dedicated mobile applications and/or Website according to the terms and conditions set forth herein.
3. USER ACCOUNT
In order to become a Customer and place an order via Pop you need to create a User Account with the Website or the App. For that reason, Customers need to register by entering their contact information, namely their full name, e-mail address and telephone number and follow the steps described in the relevant section of the Website or the App. Customers shall also create a password for entering to their User Account as well as provide their credit card details or other details with respect to an accepted payment method [see Terms of Payment below]. Each User Account is strictly personal. Customers may close their User Account at any time, following the instructions provided in the respective section of the User Account. Customers shall keep any password they create secret and prevent others from accessing their User Account. By accepting the present terms and conditions, Customers must not (i) use or attempt to use another person’s User Account and/or access or use another person’s personal payment data, (ii) set up a User Account using a false identity or the identity of another person, or (iii) access the Pop in any other manner than through the access methods provided by Pop. Customers agree to inform us without undue delay, if they find out that unauthorized use has been made through their Account. Customers are solely liable for all transactions that were made through their Account, unless they have notified the Company beforehand for any unauthorized use.
Customers shall ensure that all of the data they share through the App is valid, up-to-date and accurate at all times.
Please note that Customers will need to provide us with an accurate delivery address, before placing a particular order.
The Customer may select and order any of the available products listed in Pop and follow the steps to conclude the order. The product listing in Pop includes all reasonably required information with respect to the listed products as well an accurate image of the product where applicable. If certain products require by law the disclosure of certain information on their packaging, the Customer may zoom in the available image to obtain that information. Alternatively, Pop may list this information separately in the listing information section. It is noted that product images are refreshed at frequent intervals, however, information regarding production/packaging dates, expiration dates or other similar information, are valid up to the date that the image was taken and may not be accurate at the date of ordering. Pop guarantees that the products delivered to the Customers will observe normal and reasonably expected expiration dates under applicable law and business practices.
When Customers place an order through Pop, it needs to be accepted by us before it is confirmed. For that reason, we will send the customer an automatically generated message via the App or the Website to confirm the receipt of the order (the “Confirmation Notice”). While we make our best efforts to accept all incoming orders, we reserve the right to decline or accept an order at our discretion, taking into consideration product availability and delivery capacity.
Before placing an order, the Customer will receive through the order confirmation section of Market Pop the following information:
(a) the type, quantity and brief description of the products that are to be ordered;
(b) the total price to be paid for the products, including V.A.T. and any other applicable tax to the consumer, as well as applicable pricing per item and any applicable delivery fee or other charges;
(c) the terms and conditions of delivery and available means of payment;
(d) the general terms and conditions applicable to the purchase.
When the Customer places an order, he/she makes a binding offer for the conclusion of a purchase contract with Pop for the goods in his/her order basket. Please note that a binding purchase contract is concluded only if the Customer receives a Confirmation Notice.
Pop reserves the right to cancel any order at any time, at its discretion, taking into account product availability and delivery capacity. If this is the case, the Customer will not be charged for any order cancelled by Pop and he/she will be reimbursed for any payment already made.
Only normal household quantities of goods may be ordered on Pop. We reserve the right to limit at our discretion the quantity of goods that may be order by a Customer, taking into consideration product availability and delivery capacity.
Please note that all products are subject to availability. If a particular product(s) become(s) unavailable after the Confirmation Notice has been sent, we will inform the Customer accordingly without delay and discuss the possibility of supplying replacements. At the Customer’s request, Pop will refund the purchase price already paid for the unavailable products.
Pop delivers on a daily basis, from 8:00 a.m. to 12:00 a.m., including Sundays and public Holidays. The delivery schedule may be altered at any time and may be subject to additional restrictions under applicable law. In any case, a Customer will be able to monitor current delivery schedule through the App. Pop makes every effort to deliver orders as fast as possible after sending the Confirmation Notice, targeting at achieving delivery times close to 15 minutes upon order confirmation. However, Pop does not provide any warranty as to the exact time of delivery.
When the Customer places an order, we will inform him/her on the estimated delivery time, but in any event, we will attempt delivery as soon as possible, subject to local and temporary restrictions, such as traffic or weather conditions.
The products will be delivered to the address specified by the Customer in the order process. In any case, the Customer must be available on the phone he has registered in order to provide further instructions, if necessary.
In the event that the Customer does not provide us with a full and accurate address for delivery and/or cannot be reached at the said address or his/her telephone number, within a commercially reasonable timeframe (i.e. within 15 minutes after arrival of ordered items), despite our efforts, Pop may, at its discretion, revoke the purchase contract. In this event, the order will be returned to Pop and the money will be refunded to the Customer except for the € 0.99 shipping fee. If the Customer wishes to complete the order again, the shipping costs will be charged normally.
6. AGE RESTRICTED PRODUCTS
Age restricted products, including but not limited to alcohol and tobacco, can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, the Customer confirms he/she is not a minor. The Customer shall be able to provide evidence of her age, if needed, such as by demonstrating her ID card to the carrier bearing the Order.
Vouchers granting certain discounts can be redeemed via Pop. Pop vouchers may only be redeemed once. The voucher terms and conditions (e.g. validity period, minimum order quantities, goods for which the voucher is valid, etc.) will be made known to the Customer before they receive the voucher. Customers have no claim for the issue of vouchers. Customers have no claim for payment of the cash equivalent of vouchers. Unused discounts will not be paid out. Nor is it possible for Customers to use a combination of multiple vouchers. Where Customers use vouchers in a manner that violates the respective voucher terms and conditions, Pop shall have the right to invalidate the voucher and withdraw the discount. Vouchers cannot be used for non-discountable goods.
8. CANCELLATION POLICY – PRODUCT DEFECTS
You retain by law the right to cancel a purchase, without citing a reason, within fourteen (14) days from the day of the delivery of the products.
The cancellation right does not apply in the following cases:
(a) products that are manufactured according to the Customer’s specifications or are personalized for him/her;
(b) products that are highly perishable or their expiration date is close;
(c) sealed products which are not suitable for return due to health protection or hygiene reasons;
(d) products that were unsealed after delivery;
(e) products which, according to their nature, are inseparably mixed, after delivery, with other items;
(f) all other cases set forth in article 3 (ib) of Law 2251/1994 or any other applicable legislation.
In order to exercise your right of cancellation, you must inform us, «QUICK COMMERCE SINGLE MEMBER PRIVATE COMPANY», 67 Syggrou Ave & Zan Moreas 40B, Athens, e-mail: firstname.lastname@example.org, by means of an email or regular mail about your decision to cancel the purchase contract.
If you cancel a purchase contract, Pop will return to you all payments that we have received from you, including delivery costs no later than 14 days after the day on which we received notification that you are cancelling this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless we expressly agreed on another form with you; in no event will you be charged for this repayment.
We can refuse the repayment until the goods have been returned to us or until you furnish proof that you have returned the goods, depending on which occurs first.
You must return the goods to us, according to our specific instructions, without undue delay and in any case no later than 5 days after the day on which you notified us of the cancellation of the purchase contract. The Customer is solely responsible for all the direct costs of returning the products.
Furthermore, Pop shall be liable in accordance with statutory law for material defects to purchased products. Any claims Customers may have to damages for material defects shall be subject to the restrictions set out in section 9 of these terms and conditions.
In case a Customer notices any defect, he/she should immediately contact Pop and in any case no later than 5 days after delivery, at the details mentioned above, report the defect and arrange for a return. To assist us in processing complaints quickly and efficiently, please have a photograph of the defective goods ready, or send a photograph with your report.
All the prices appearing on the App include VAT at the rate applicable to the specific product and any other taxes applicable to the Customer.
Customers may see the total purchase value of the products ordered, as well as the value of each product, whether from their order basket or from the order summary prior to the checkout.
The Company reserves the right to charge a Delivery Fee for the provision of its services. The Delivery Fee will be shown separately in the order basket or in the order summary.
10. TERMS OF PAYMENT
The Customer is obliged to pay for the products ordered in advance, directly after receiving the Confirmation Notice of his/her order.
Payment can be made by credit or debit card or any other payment method made available by Pop. Once the order is confirmed, the Customer’s credit or debit card or other means of payment will be automatically charged and the total amount will be marked for payment. For the conclusion of the payment, the Customer must provide any needed authorization on his/her behalf. If the Customer fails to provide authorization (if needed) and Pop is not able to confirm payment, Pop will not process and execute the purchase. Partial payment is not allowed. If the outstanding balance in the chosen means of payment is not sufficient to cover the whole amount of the order, the payment will not be considered completed and Pop will not process and execute the purchase.
Pop, upon confirmation of payment, will issue and circulate via email to the Customer’s designated email address a lawful receipt or invoice corresponding to the products purchased. This receipt or invoice will constitute a lawful tax document for all relevant intents and purposes.
Pop has taken all necessary technical measures to ensure the security of the electronic transactions and does not retain credit card or other payment method details. In any case, Customers should ensure that the environment in which they transact is secure and there is no risk of a data breach. Pop does not assume any liability in case the network or the device of the Customer is subject to a malicious action that may lead to loss of data.
11. OUR LIABILITY
The Company, its employees or representatives will not be liable, under any circumstances, for any consequential, indirect damages or losses, including but limited to loss of profit or business or loss of clientele.
The Company shall be liable for any breach of its contractual obligations towards Customers, as well as for breaches of duty by its representatives, only in the case of intent or gross negligence. The Company cannot be held liable for any unforeseeable breach for reasons, beyond its control, such us for delays attributed to suppliers.
The Company shall be liable for any material or legal defect to the products ordered. Customers who consider that the products they purchases are defective, they must contact customer service as mentioned in term 8 without undue delay. The Company may request evidence of the defective products, such us photographs of the products alleged to be defective, in order to process and validate the complaints. The Company is not obliged to satisfy a complaint if it deems that is not adequately justified.
The Company is responsible solely for any loss or damage resulting from its failure to demonstrate reasonable care and skill in relation to the provision of its services. Therefore, it cannot be held liable for any loss or damage the Customer may face, which is not foreseeable after exercising the expected due diligence in transactions.
In any event, the Company does not exclude its liability where such a liability is mandatory according to the applicable laws and regulations.
12. INTELLECTUAL PROPERTY RIGHTS
The Company is the exclusive owner of all intellectual property rights with respect to the Website and the App and the related services provided thereto. All such rights are reserved. The Company grants the Customers a non-exclusive, strictly personal and non-transferable right to use the Website and/or the App. This right is temporary and can be revoked at any time at the Company’s discretion. In no case is the Customer entitled to copy, reproduce, republish, download, post, transmit and in general make available to the public or otherwise use any content on the Website or App without the Company’s explicit prior approval and outside the scope of the present terms and conditions. Customers may only use Market Pop’s content as customers, solely for private, non-commercial purposes. When using Market Pop, it is strictly forbidden to extract the information presented on the Website or App, in particular to the goods offered on the platform, in large quantities (e.g. by “scraping”) and/or to further use the information outside of the platform.
13. DATA PROTECTION
14. FINAL PROVISIONS
The Company reserves the right to change the present terms and conditions at any time at its discretion. You can find the respective current version of the terms and conditions on designated places on the Website and the App. You should check regularly for any changes in the terms and conditions with respect to the provision of our services.
Should one or more provisions of these terms and conditions be deemed invalid or voided at a later date, this shall not affect the validity of the remaining provisions.
In any event, for any dispute arising between the Company and the Customers the Courts of the City of Athens will have jurisdiction under Greek applicable law.
The Company is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board or other arbitration body of any kind.