Terms & Conditions
About us
1.1 Company details. The Design Pop-up Agency is a company registered in UAE. We operate the website www.thedesignpopupagency.com (the Site).
1.2 Contacting us. To contact our customer service team, please email weare@thedesignpopupagency.com.
Clause 19 outlines how to give us formal notice of any matter under the Contract.
Part 1: Use of the Site
Access to the Site
2.1 The information we provide on the Site is not an invitation or recommendation to buy or rent any products or services featured, and you should satisfy yourself of their suitability before submitting a Request per Clause 7.
2.2 We will endeavour to allow uninterrupted access to the Site, but access may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute, or remove any information on the Site at any time without notice.
2.4 We assume no responsibility for the contents of any other websites to which the Site has links. The Dubai Pop-Up Site contains links to other sites and resources provided by third parties, but these links are provided for information only. The use of third-party sites may be subject to separate terms and conditions.
Intellectual Property
3.1 The copyright in the material contained in the Site, including the Site design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets), belongs to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your non-commercial offline viewing.
3.2 “The Dubai Pop-Up”, “The DubaiPop”, “The Dubai Associates” and “The Dubai” are trademarks of The Dubai Pop-Up Limited or its group companies. Other product and company names on this Site may be trademarks, regions, or registered trademarks.
3.3 You shall retain ownership of all copyright in data you submit to the Site. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) regarding the accuracy of any information on the Site. We do not guarantee that the Site will be fault-free and do not accept liability for any errors or omissions.
4.2 Due to the nature of the electronic transmission of data over the internet and the number of users by whom data is posted onto the Site, any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the data transmitted using the Site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation, whether in Contract, tort or otherwise, arising out of or in connection with these Terms or use of the Site save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Site is free from viruses or anything else that may harm any technology.
Terminating your access to the Site
5.1 We may terminate your access to the Site and its services without your notice.
Part 2: Terms of Supply of Goods and Services
Our Contract with you
6.1 Our Contract. These terms and conditions (Terms) apply to your use of the Site and your Request and supply of goods and services by us to you (Contract). Each Contract shall apply to the exclusion of any other terms that you may seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing and shall prevail over any terms and conditions or acknowledgements between the parties relating to the subject matter of the Contract. The Contract consists of
6.2 1. The Quote 2. Invoice 3. The Terms and Conditions
6.3 Entire agreement. The Contract is the entire agreement between us regarding its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty not set out in the Contract. Nothing in this Clause shall limit or exclude any liability for fraud.
6.4 Language. These Terms and the Contract are made only in English.
6.5 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
How do you order goods via the Site or directly from our sales team?
7.1 Submitting a request for a quotation. Please follow the onscreen prompts to request a Quotation. Each request to rent or buy the goods (Goods) and receive the services (including but not limited to assembly and de-assembly services) (Services) specified in the Request subject to these Terms (Request).
7.2 Correcting input errors. Please check your Request before confirming it. You are responsible for ensuring that your request specifications are complete and accurate.
7.3 Acknowledging receipt of your Request. You submit a request, you will receive an email or online notification from us acknowledging that we have received it. However, please note that this does not mean your Request has been accepted. Our acceptance of your Request Request takes place as described in Clause 7.4.
7.4 Accepting Your Request. Once you have placed a Request, we will contact you to discuss your requirements and send you a detailed quotation describing the commercial terms for which we will supply Goods and Services (Quotation). The Contract between you and us will exist when you confirm your acceptance of our Quotation by its terms. The Contract between you and us will only be formed when we receive confirmation. All Goods and Services are supplied under a Contract, which shall be deemed to incorporate these Terms.
7.5 Changes to confirmed rentals. Upon payment of the invoice – the order will be considered final, and no cancellation will be possible. The Design Pop-Up Agency cannot issue a refund if a rental is cancelled. The confirmed delivery times are also final if a rental occurs within less than seven days from the invoice payment. Suppose a rental takes place in more than seven days – The Design Pop-Up Agency will need at least seven days written notice to amend scheduled delivery.
7.6 Duration of Contract. Unless terminated following these Terms, each Contract will continue in force for the period specified in the Quotation. Upon Payment, you have fully committed and entered into our terms and conditions.
7.7 If we cannot accept your Request. We cannot supply you with the goods or services for any reason. We will email you to inform you, and we will not process your request.
8. Request Supply of Goods and Services
8.1 Goods will be rented to you under the terms of the relevant Contract unless we have agreed in writing that Goods will be sold to you. Contracts for the rental of Goods may be subject to additional limitations and/or requirements (including but not limited to minimum rental periods, minimum value guarantees and deposits) as specified in the Quotation.
8.2 The images of the Goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
8.3 We reserve the right to amend the specification of the Goods or the Services if required by any applicable statutory or regulatory requirement.
9. Delivery, transfer of risk and title
9.1 All delivery costs will be payable by you, as specified in the Quotation.
9.2 We will contact you within two days of the Contract coming into force with an estimated delivery date. We will use reasonable endeavours to deliver Goods on such delivery date, but delivery time shall not be of the essence. Occasionally, an Event Outside Our Control may affect our delivery to you. See Clause 17 (Events outside our control) for our responsibilities when this happens.
9.3 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your request will be at your risk from that point.
9.4 If we fail to deliver the goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, which is less than the price. However, we will not be liable to the extent that an Event Outside Our Control caused any failure to deliver or because you failed to provide adequate delivery instructions or any other instructions relevant to the Goods supply.
9.5 If you fail to take delivery on the day on which we notified you that the Goods were ready for delivery, we may redeploy or resell part of or all the Goods and charge you for reasonable costs and expenses incurred by us as a result of the failed delivery (including but not limited to storage costs and additional delivery costs).
9.6 Where the Goods are sold to you, Clause 9.7 only applies. Where the Goods are to be rented to you, Clause 9.8 only applies.
9.7 Where the Goods are sold to you:
(a) Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us concerning the Goods.
(b) Until ownership of the Goods has passed to you, you shall:
(i) hold the Goods on a fiduciary basis as our bailee;
(ii) not destroy, deface or obscure any identifying mark, plate or label on or relating to the Goods; and maintain the Goods in good condition (fair wear and tear only excepted) and at your own cost keep them insured on our behalf for their total replacement value against all risks to our reasonable satisfaction, specifying us as loss payee. You shall provide us with the insurance policy upon request. We shall be entitled to recover payment for the Goods even though ownership has not been passed on to us.
(d) You grant us, our agents, and our employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored or installed to inspect or, where entitled to do so, recover them.
9.8 Where the Goods are rented to you:
(a) The ownership of the Goods shall not pass to you, you shall:
(i) hold the Goods on a fiduciary basis as our bailee;
(ii) ensure that the Goods are used following all relevant user guides and our reasonable instructions; provide reasonable security for the Goods;
(iv) keep prominently affixed to the Goods such plate or label as we may require to denote that the Goods are our property and shall not destroy, deface or obscure any plate or label on or relating to the Goods; maintain the Goods in good condition (fair wear and tear only excepted) and at your own cost, keep them insured on our behalf for their total replacement value against all risks to our reasonable satisfaction, specifying us as loss payee. On request produce the policy of insurance to us;
(vi) without prejudice to the generality of (vi) above, indemnify us in full against any loss of or damage to the Goods, to the extent not caused by fair wear and tear;
(vii) not hold yourself out as the owner of the Goods or sell, offer for hire, assign, pledge, charge or otherwise encumber any Goods or, without our prior consent, create or permit to exist any lien on the Goods;
(viii) not remove, adjust, modify, add to, alter, attempt to repair, tamper with or use the Goods other than following our instructions, and shall ensure that the Goods are kept and used in a suitable environment and only for the purposes for which they are designed;
(ix) not attach any Goods to any land or building to cause the Goods to become a permanent or immovable fixture on such land or building;
(a) procure access for us to any place where the Goods are located for us to inspect the condition of Goods to ensure compliance with these Terms and to enforce our rights hereunder; and notify us immediately of any loss, theft, damage or destruction of any Goods.
(b) On expiry or termination of the Contract, for whatever reason, you shall promptly make the Goods available to us in good condition (subject to fair wear and tear). If you fail to do so, we shall have the right, on 24 hours’ written notice, to enter any of your premises where the Goods are held to recover them (and you grant us, our agents and employees an irrevocable licence to enter any relevant premises to do so).
9.9 We will charge our then current rate for replacement of the Goods to the extent that they cannot be removed without causing damage to the same
10. International delivery
10.1 We do not deliver to countries outside the UAE. However, certain goods are restricted for certain International Delivery Destinations, so please review the information in the Quotation on delivery carefully before confirming your acceptance of the Quotation.
10.2 If you request Goods from our Site for delivery to one of the International Delivery Destinations, your Request Request subject to import duties and taxes applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount.
10.3 You are responsible for paying any such import duties and taxes. Please get in touch with your local customs office for further information before placing your Request. The request must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
11. Price of goods and delivery charges
11.1 You shall pay the charges for the Goods and Services as set out in the Quotation (Charges). We must receive the full payment to confirm the booking. Without payment, we will not be able to reserve your Request. The prices for our Goods and Services may change occasionally, but changes will not affect any Contract that has been formed.
11.3 The price of Goods and Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Request Request delivery date, we will adjust the VAT you pay unless you have already paid for the Goods in full before the change in VAT takes effect.
11.4 If you fail to pay any sum payable when due, the liability shall be increased to include interest on that sum from the date when such payment was due until the date of the actual payment at a rate of 4% over the base rate from time to time of the Bank of England. Such interest shall accrue daily and shall be compounded annually.
11.5 The price of the Goods and Services does not include delivery charges. Our delivery charges are as you were advised in the Quotation.
12. How to pay
12.1 You can only pay for Goods and Services using the methods set out in the Quotation. We must receive payments in full to confirm the booking. Without payment, we will not be able to reserve your request.Request The prices, payment terms, and applicable delivery charges for the Goods and Services will be set out in the Quotation.
12.3 All payments shall be made in full without deduction, withholding or deferment unless agreed otherwise regarding any set-off or counterclaim. Charges paid in advance shall not be returnable for whatever reason in the event of contract termination.
13. Manufacturer’s guarantee
Where Goods are sold to you, some may come with a manufacturer’s guarantee. We hereby assign you the benefit of any such manufacturer’s guarantee to the fullest extent permitted under applicable laws. For details the applicable terms and conditions, please refer to the manufacturer’s guarantee for the Goods.
14. Our warranty for Goods and Services
14.1 We warrant to you that:
(a) We are the legal and beneficial owner of the Goods; and
(b) We have full authority to supply the Goods and Services to you on these Terms;
(c) Services shall be provided with reasonable care and skill using appropriately trained and experienced personnel.
14.2 We provide a warranty that on delivery, the Goods shall:
(a) subject to Clause 8, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship, and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
14.3 Subject to Clause 14.4
(a) If you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in Clause 14.2 and we are given a reasonable opportunity to examine the Goods. If we ask you to do so, you return the Goods to us at your cost; we will, at our option, repair or replace the defective goods or refund the charges payable concerning the defective goods in full.
14.4 We will not be liable for breach of the warranty set out in Clause 14.2 if:
(a) you make any further use of the Goods after giving notice to us under Clause 14.3;
(b) the defect arises as a result of us following any instruction, drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions, or
(e) The Goods differ from their description or specification because changes were made to ensure they comply with applicable statutory or regulatory requirements.
14.5 We will only be liable to you for the Goods’ failure to comply with the warranty set out in Clause 14.2 to the extent set out in Clause 14.
14.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded from the Contract to the fullest extent permitted by law.
14.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
15. Our liability: your attention is particularly drawn to this clause
15.1 We only supply the Goods and Services for internal use by your business, and you agree not to use this Site or the Goods or Services for any resale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
15.3 Subject to Clause 15.2, we will under no circumstances be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill or
(f) any indirect or consequential loss.
15.4 Subject to Clause 15.2, our total liability to you for all losses arising under or in connection with the Contract, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the Charges payable by you under the relevant Contract.
15.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings regarding the Goods or Services. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
16. Termination
16.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than about a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to the extent that, in our opinion, your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
16.2 Where Goods are rented to you, on termination of a Contract for any reason:
(a) All charges, outstanding unpaid invoices, and interest due to us shall be immediately paid. We may submit invoices for any Charges which have been incurred but not yet invoiced, which shall be payable on receipt;
(b) you shall deliver the Goods to any person and reasonable place nominated by us at your expense (including all transport, insurance and related costs) in as good a condition as it was on the date it was installed (fair wear and tear only excepted).
16.3 All rights and obligations shall cease to have effect immediately upon termination of the Contract, save that termination shall not affect your or our rights and remedies accrued as at termination.
16.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract caused by any act or event beyond our reasonable control (Event Outside Our Control).
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you and
(b) our obligations under the Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.3 You may cancel the Contract affected by an Event Outside Our Control that has continued for over 30 days. To cancel, please contact us. If you opt to cancel, you must return (at your cost) any relevant Goods you have already received.
18. How we may use your personal information & use of Client Name and Branding
By engaging the services of The Design Pop-Up Agency FZ-LLC (hereinafter referred to as "the Company"), the Client grants the Company explicit consent to:
18.1 Publish the Client's name, logo, and/or brand identity (collectively referred to as "Branding") on the Company's website, marketing materials, social media platforms, and other promotional channels as part of the Company's portfolio or as a reference to previous collaborations.
18.2 Use the Client's Branding solely for the purpose of showcasing the Client as a customer of the Company, without implying endorsement or partnership beyond the scope of the services provided.
18.3 The Company agrees to:
Use the Client's Branding in a professional and respectful manner that aligns with the Client's brand image.
Cease using the Client's Branding upon the Client's written request, provided such request is made after the termination of the business relationship.
18 .4 The Client confirms that:
They have the authority to grant the aforementioned rights to the Company.
The use of their Branding as described above does not infringe on any third-party rights. For details on how we will use your personal information, please see our ask for our Privacy Notice document.
19. Communications between us
19.1 When we refer to “in writing” in these Terms, this includes email.
19.2 Any notice or other communication given under or in connection with the Contract must be in writing and delivered personally, sent by pre-paid first class post or other next working day delivery service or emailed.
19.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service at 9.00 am on the second working day after posting, or
(c) if sent by email at 9.00 am the next working day after transmission.
19.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
19.5 The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Public information
By engaging with The Design Pop-Up Agency FZ-LLC, the client agrees to the inclusion of their name and brand in our client portfolio, which may be displayed on our website and other promotional materials. The client also grants us permission to create and share content related to their event on our social media platforms, both before and after the event. For private events, where confidentiality is required, the client must provide a written notice of at least 30 days to withdraw from planned social media coverage.
20.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or obligations under the Contract to another person if we agree in writing.
20.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
20.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive any rights, we will only do so in writing, and that does not mean that we will automatically waive any right related to any later default by you.
20.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that they are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 Third-party rights. The Contracts are between you and us. No other person has any right to enforce any of its terms.
20.6 Governing Law and Jurisdiction. This Contract is governed by UAE law, and each party irrevocably agrees to submit all disputes arising out of or in connection with it to the exclusive jurisdiction of the United Arab Emirates.