Terms of service

Terms of Service

Last Updated: 08 April 2025

1. Acceptance of Terms

By accessing or using the Pagoda Pop website (the “Site”) and by placing an order, you (“User,” “Customer,” or “you”) agree to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy, Shipping Policy, Refund Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, please do not use our Site or purchase any products.

2. Modification of Terms

We reserve the right to modify or update these Terms at any time and without prior notice. All changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes constitutes acceptance of such changes. It is your responsibility to review these Terms periodically.

3. Eligibility

You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Site on behalf of another entity, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

  • Account Creation: Certain features of the Site may require you to create an account. You agree to provide true, accurate, and complete information during the account registration process and to update such information as necessary.

  • Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use or security breach related to your account.

5. Orders and Payment

  • Order Acceptance:
    All orders are subject to acceptance by Pagoda Pop. We reserve the right to refuse or cancel any order at our discretion, including instances of pricing errors, product unavailability, or suspected fraud.

  • Pricing and Payment:
    All product prices are originally listed in United States Dollars (USD). Our system automatically converts these prices to the currency of your choice based on the current exchange rate provided by our payment processor at checkout. Please note that the converted prices displayed on the Site are estimates and may be subject to slight fluctuations due to exchange rate variations and/or additional fees imposed by your bank or payment provider. By placing an order, you authorize us to charge the order amount in your selected currency, with any adjustments reflecting the prevailing conversion rate at the time of the transaction.

  • Payment Processing:
    We accept payment via major credit cards and other payment methods available during checkout. By providing your payment information, you warrant that you are authorized to use the designated payment method and you consent to any currency conversion fees that may apply.

  • Order Confirmation:
    Upon placing an order, you will receive a confirmation email. This email serves as an acknowledgment of your order; however, final acceptance is contingent upon successful payment processing and dispatch of the order.

6. Shipping Policy

All orders are processed and shipped internationally. Please review our Shipping Policy for details on processing times, delivery estimates, customs, and tracking information.

7. Refund and Return Policy

Returns and refunds are managed in accordance with our Refund Policy. You must request a return within 7 days of delivery if your item is damaged, defective, or not as described. Unauthorized returns may be refused. Please see our Refund Policy for details regarding eligibility, return procedures, shipping costs, and refund processing timelines.

8. Intellectual Property Rights

All content on the Site—including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software—is the property of Pagoda Pop or its licensors and is protected by international copyright, trademark, and other intellectual property laws. No portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent.

9. User Conduct

By using the Site, you agree not to:

  • Violate any applicable laws or regulations;

  • Infringe upon the intellectual property or privacy rights of others;

  • Transmit any harmful or malicious code or content;

  • Engage in any activity that interferes with or disrupts the operation of the Site or its servers;

  • Attempt to gain unauthorized access to any portion or feature of the Site.

10. Disclaimer of Warranties

The Site and all information, products, and services provided on it are provided on an “as is” and “as available” basis without any warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be error-free, secure, or continuously available.

11. Limitation of Liability

In no event shall Pagoda Pop, its subsidiaries, affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of, or inability to use, the Site or the products sold, even if advised of the possibility of such damages. Our total liability to you for any damages, losses, or causes of action shall not exceed the amount paid by you, if any, for accessing the Site or purchasing products from us.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pagoda Pop and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or in any way connected with your access to or use of the Site, your breach of these Terms, or your violation of any rights of another.

13. Termination

We reserve the right to suspend or terminate your access to the Site, in whole or in part, at any time, with or without notice, for any reason, including, without limitation, if we believe you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.

14. Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of laws rules.

  • Arbitration: Any dispute, claim, or controversy arising out of or related to these Terms or your use of the Site shall be resolved exclusively through binding arbitration administered by [Insert Arbitration Institution] in accordance with its rules.

  • Class Action Waiver: You agree that any claim or cause of action arising out of or related to these Terms or your use of the Site will be resolved solely on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

15. Export Compliance

You agree to comply with all applicable international export laws and regulations in your use of the Site and the ordering of products. You will not attempt to export any content or products in violation of applicable export laws.

16. Notices

Any notices or other communications required or permitted under these Terms must be in writing and will be deemed given when delivered personally, sent via email (with confirmation of receipt), or mailed by registered or certified mail to the address listed on our Contact page.

17. Entire Agreement

These Terms constitute the entire agreement between you and Pagoda Pop regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us concerning the Site.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely reflects the parties’ original intent.

19. Waiver

No waiver of any term or condition of these Terms shall be considered a further or continuing waiver of such term or any other term, and Pagoda Pop’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Feedback

Any feedback, comments, or suggestions you provide regarding the Site or these Terms is entirely voluntary and will become the exclusive property of Pagoda Pop. We may use such feedback without any obligation to you.

21. Contact Information

For any questions, concerns, or disputes regarding these Terms, please contact us via our Contact Page on the website or through our Shopify Chat, which is available Monday through Friday from 8:00 AM to 5:00 PM MST.