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Unilateral Resale Policy

POP’S BIRDING COMPANY

Unilateral Resale Pricing, Warranty and Internet Policy

Pop’s Birding Co, LLC (“Pop’s”) has announced its Unilateral Resale Pricing, Warranty and Internet Policy (the “Policy”). 

Why this Policy?

Pop’s Products consist of uniquely designed and proprietary Products whose premium image has been well-earned through extensive Product and market development and specialized customer and Product support. Pop’s has established this Policy in an effort to extend the long-term viability of its brands, ensure the ongoing satisfaction of it’s customers and protect the investment of its Authorized Retailers who sell Pop’s Products in the marketplace.

Warranty, Returns and Customer Support

Customers who purchase Pop’s Products from Authorized Retailers receive full benefits of Pop’s Warranty and Returns policy and dedicated post-sale customer support. 

Limited Lifetime Procut Workmanship Warranty 

Pop’s is proud to offer quality Products and warrant our Products from manufacturer defects for the lifetime of the Product. Pop’s Limited Lifetime Product Workmanship Warranty applies to all Products that are manufactured by Pop’s (“Product”) and applies only to new Products sold in their original, sealed packaging purchased from Pop’s or one of Pop’s Authorized Retailers. This warranty covers any manufacturing defect that renders the Products unusable and will be covered in such a way that replacement parts and/or full Product replacements will be provided to any customer who returns an item due to manufacturer defects. Product Warranty and Claims are handled by Pop’s Birding Company's Warranty Department at Warranty@PopsBirding.com

30 Day Satisfaction Guarantee and Return Period

Pop’s is proud to offer a 30 Day satisfaction guarantee and Return Period on Pop’s Products. Pop’s 30 Day Satisfaction Guarantee applies only to new Products sold in their original, sealed packaging purchased from Pop’s or one of Pop’s Authorized Retailers. Any Customer who is not satisfied with their purchase for any reason can return their Product within 30 days of purchase to Pop’s or the Authorized Retailer they purchased from. In the case of returns made to Authorized Retailers, Pop’s will credit the retailer their cost of purchase. Returned items cannot be resold without prior inspection by Pop’s or an authorized representative. Product Returns are handled by Pop’s Birding Company’s Returns Department at Returns@PopsBirding.com

Warranty Materials

Pop’s Warranty and Customer Satisfaction Guarantee will only extend to Authorized Retailers who make Pop’s warranty materials available to customers. Warranty materials include but are not limited to Product literature that explains the Product use, care and frequently asked questions to ensure Product satisfaction and proper warranty coverage. 

Warranty Materials Packaging

Any Authorized Internet Retailer selling Pop’s warrantied Products online shall provide Warranty Materials polybagged and sealed with Products so that warranty materials stay combined with Products

Unilateral Policy 

Pop’s reserves the right to unilaterally determine which Retailers will be able to purchase Pop’s Products directly or indirectly, and the right to immediately suspend or revoke any person’s or entity’s designation as an Authorized Retailer with respect to some or all Pop’s Products, with or without cause, warning and in its sole discretion

In exercising these rights Pop’s will consider the Retailer's compliance with this Policy, any modification of this Policy, or any other Pop’s Policy currently in place or adopted in the future.

Pop's may unilaterally impose sanctions on any Retailers who: 

(a) Sell, display or advertise certain Pop's Products for less than the Minimum Advertised Resale Price (“MAP”) as set forth in the current Pop's Price List. The calculation of MAP price is net of any discounts or rebates offered; 

(b) Retailers that sell Pop’s Products to persons other than end-users; 

(c) Distributors that sell Pop’s Products to Unauthorized Retailers as listed on Pop’s Restricted Retailer List 

(d) Operate any instrument of electronic commerce including but not limited to e-mail, direct websites or third party marketplace websites in connection with selling Pop's Products without the prior written authorization of Pop's as an Authorized Internet Retailer; or 

(e) Fail to make Pop's warranty materials reasonably available to end users prior to sale as specified by Pop's. 

Retailer Policy Enforcement

Pop's has the right to restrict sales of its Products to Authorized Retailers. If Pop's determines that an Authorized Retailer has not complied with this Policy, Pop's will take the following measures:

  • First Violation will result in the suspension of the Authorized Retailer’s status as an Authorized Retailer for the Product category of the Impacted Products that were the subject of the violation for a period of 90 days.

  • Second Violation will result in suspension of the Authorized Retailer’s status as an Authorized Retailer for all Products for a period of 90 days.

  • Third Violation will result in the revocation of the Retailer’s status as an Authorized Retailer for an indefinite period and place the Retailer on Pop’s Restricted Retailer List.

  • Any failure to immediately correct a notice of violation or or respond with a plan of action within 48 hours will result in the immediate revocation of the Retailer’s status as an Authorized Retailer for an indefinite period and place the Retailer on Pop’s Restricted Retailer List. 

Any Retailer listed on Pop’s Restricted Retailer List is expressly prohibited from purchasing any of Pop's Products directly or indirectly.

Distributor Policy Enforcement

Distributors may sell only to Authorized Retailers. If Pop's takes the actions described above, Pop's will inform Distributor of the identity of any Retailer as to which Pop's has taken the above action(s) and the Products to which such action applies (such notice being a “Notice of De-Authorization”). Distributor may not sell the Products specified in a Notice of De-Authorization to any Retailer whose status as an Authorized Retailer has been suspended or revoked until such time as Pop's, in its sole discretion, reappoints such Retailer as an Authorized Retailer for such Products, as indicated in a notice of such reappointment (“Notice of Reappointment”). Pop's is under no obligation to reappoint any Retailer. These notices will be given to distributors or Retailers and are available at all times by email at PolicyAdmin@PopsBirding.com.

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