Terms of Service

These Terms of Service (“Terms”) form a binding legal agreement between you and JEM Drinks BV, a company organised under the laws of Belgium, with enterprise number (KBO/BCE) 0661862375 and VAT number BE 0661862375, registered office at [registered office address] (“Pop This Shop”, “we”, “us” or “our”), governing your access to and use of the Pop This Shop website, mobile applications and related services (together, the “Platform”).

Pop This Shop operates an online marketplace that enables businesses and individuals (“Landlords”) to publish listings for temporary retail, market, exhibition or event space (“Space”, each a “Listing”), and enables other businesses and individuals (“Tenants”) to search for, book and pay for that Space (each booking, a “Reservation”). Landlords and Tenants are together “Members”.

By creating an account, browsing the Platform, publishing a Listing, or making or accepting a Reservation, you agree to be bound by these Terms and by our Privacy Policy, which describes how we collect and use personal data. If you do not agree to these Terms, you must not access or use the Platform.

1. Definitions

“Applicable Law” means Belgian law, applied as the primary legal framework governing these Terms, together with any European Union law that is directly applicable or that Belgian law implements, including in particular the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the Digital Services Act (EU) 2022/2065 (“DSA”), the Platform-to-Business Regulation (EU) 2019/1150 (“P2B Regulation”), and the consumer protection provisions of Book VI and Book XII of the Belgian Code of Economic Law (“CDE”).

“Concept Listing” means a Tenant’s presentation of its retail, pop-up or business concept published on the Platform for Landlords to review, as described in Section 4.5.

“Content” means any text, images, listings, reviews, messages or other material submitted by a Member to the Platform.

“Fees” means the service fees charged by Pop This Shop as described in Section 6.

“Landlord” means a Member who publishes a Listing offering Space.

“Listing” means a Landlord’s offer of Space published on the Platform.

“Reservation” means a confirmed booking of Space made by a Tenant through the Platform.

“Tenant” means a Member who searches for, books or uses Space.

2. The Platform and Our Role

Pop This Shop provides an online venue that allows Landlords and Tenants to find each other and to conclude contracts for the short-term use of Space. Except in relation to payment processing as described in Section 6, Pop This Shop is not a party to the contract concluded directly between a Landlord and a Tenant for a Reservation.

Pop This Shop does not own, lease, control, manage or operate any Space listed on the Platform, and is not a real estate agent, event organiser, letting agent or insurer. Pop This Shop does not verify that a Landlord holds the rights, permits or licences necessary to offer particular Space, and Members are responsible for satisfying themselves that a Listing or Reservation is lawful and fit for their purposes.

3. Eligibility and Member Accounts

You must be at least 18 years old and have the legal capacity to enter into binding contracts to create an account and use the Platform. You must provide accurate, current and complete information when registering and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and must notify us promptly of any unauthorised use.

Where you register on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation to these Terms.

4. Listings (Landlord Terms)

4.1 Creating and Managing a Listing

Landlords are responsible for the accuracy of their Listing, including the description, photographs, availability, pricing, house or venue rules, and any restrictions on the use of the Space. Landlords must keep their availability calendar up to date and must honour confirmed Reservations.

4.2 Know Your Legal Obligations

Landlords confirm that they hold the right (whether as owner, leaseholder with a right to sublet, or otherwise) to offer the Space, and are solely responsible for obtaining and maintaining any permits, licences, consents or insurance required under Applicable Law to offer the Space for the purposes described in the Listing — including, where relevant, municipal occupation permits, fire safety and public-event authorisations, and any licences required for the sale of food, drink or other regulated goods (such as an FASFC/AFSCA registration or a communal alcohol licence). Landlords are also responsible for their own tax obligations, including VAT and income tax, arising from Reservations.

4.3 Search Results and Ranking

Search results reflect the relevance of a Listing to a Tenant’s search, taking into account factors such as price, availability, reviews, cancellation history, and Tenant preferences. Where a Landlord is a business user within the meaning of the P2B Regulation, the main parameters determining ranking and their relative importance are set out in our Help Centre, in accordance with Article 5 of that Regulation.

4.4 Landlords Operating as a Business or Organisation

Where a Reservation is concluded between a Landlord acting in a professional or business capacity and a Tenant acting as a consumer, the Landlord is responsible for providing the pre-contractual information required of a trader under Book VI CDE and the Consumer Rights Directive 2011/83/EU (including its identity, geographic address, and contact details), and for complying with any applicable withdrawal-right rules.

4.5 Concept Listings

In addition to Listings published by Landlords, a Tenant may publish a Concept Listing presenting its retail, pop-up or business concept, so that Landlords can find a Tenant suited to their Space. Except where the context requires otherwise, the rules that apply to Listings under this Section 4 (including Sections 4.1 to 4.4) and elsewhere in these Terms apply equally to Concept Listings, with each reference to a Landlord read as a reference to a Tenant, and each reference to a Tenant read as a reference to a Landlord, as appropriate.

5. Booking Space (Tenant Terms)

5.1 Searching and Booking

Tenants may search for Space by criteria such as location, dates, size and price, and submit a booking request or, where enabled by the Landlord, book instantly. A Reservation is confirmed, and a contract is formed directly between the Landlord and the Tenant, at the point Pop This Shop issues a booking confirmation.

5.2 Pre-Contractual Information

Before a Reservation is confirmed, the Platform will display the essential characteristics of the Space, the total price (including Fees and any applicable taxes), the identity of the Landlord, and the applicable cancellation policy, in line with Article VI.45 CDE and the Consumer Rights Directive.

5.3 Right of Withdrawal

Where a Tenant is a consumer, Reservations for the use of Space on specific dates are, as a general rule, contracts for the provision of accommodation or leisure-related services to be performed on a specific date, and are accordingly exempt from the standard 14-day withdrawal right under Article VI.53, 12° CDE and Article 16(l) of the Consumer Rights Directive. Cancellation is instead governed by the Landlord’s cancellation policy referred to in Section 7.

6. Fees and Payment

6.1 Service Fees

Pop This Shop charges a service Fee to Landlords and/or Tenants for use of the Platform. The Fee applicable to a Reservation, and the main parameters used to determine it, are displayed before a Reservation is confirmed, in accordance with Article 5 of the P2B Regulation.

6.2 Payment Processing

Payments are processed through our payment service provider(s) in accordance with our Payment Terms and Applicable Law, including Directive (EU) 2015/2366 on payment services (PSD2). A valid credit card number and debit card number are mandatory for every Member, so that Pop This Shop and its payment service provider(s) can collect payments due and process any refunds; a Reservation cannot be completed without this information. Pop This Shop does not store full payment card details.

6.3 Taxes

Landlords and Tenants are responsible for determining and meeting their own tax obligations arising from a Reservation. Pop This Shop charges Belgian VAT on its own service Fees where required, under VAT number BE 0661862375.

6.4 Self-Billing

Where Pop This Shop pays out an amount owed to a Landlord in respect of a Reservation, that payout is documented by way of a self-billing invoice issued by Pop This Shop in the Landlord’s name and on the Landlord’s behalf, in accordance with Article 6.3 of Council Directive 2006/112/EC (the VAT Directive) as implemented in Belgian VAT legislation. By accepting these Terms, a Landlord agrees to this self-billing arrangement, agrees to accept each self-billing invoice issued in this way, and undertakes not to issue a separate invoice of its own for the same Reservation.

6.5 Security Deposit

Where a Listing provides for a security deposit, that deposit is agreed and paid directly between the Landlord and the Tenant, outside the Platform. Pop This Shop does not collect, hold or process any security deposit, and is not responsible for its return or for resolving any dispute between the Landlord and the Tenant concerning it.

7. Cancellations, Modifications and Refunds

Each Listing displays the cancellation policy that applies to it, which a Tenant accepts by making a Reservation. Where a Reservation cannot reasonably be performed because of an event beyond a Member’s control (including regulatory measures, extreme weather, or venue closure ordered by a public authority), Pop This Shop may facilitate a fair adjustment, rebooking or refund between the Landlord and the Tenant, without prejudice to either Member’s rights under Applicable Law. Changes to a confirmed Reservation (dates, Space, or price) require the agreement of both the Landlord and the Tenant.

8. Tenant Responsibilities and Assumption of Risk

Tenants must use Space only for lawful purposes, in accordance with the Landlord’s rules and any conditions attached to the Listing, and must hold any licences applicable to their own activity (for example, food-handling registrations or an alcohol licence). Tenants acknowledge that occupying temporary retail or event space carries inherent risks, and agree to exercise reasonable care and to hold adequate insurance, including public and product liability cover, for their own activities at the Space.

9. Insurance

Landlords are responsible for maintaining adequate property and public liability insurance for the Space they list. Pop This Shop does not itself provide insurance cover to Members and is not liable for loss of or damage to a Landlord’s property or a Tenant’s goods, except to the extent such liability cannot be excluded under Applicable Law. Where Pop This Shop offers any supplemental protection or guarantee programme, its terms will be set out separately and do not replace a Member’s own insurance obligations.

10. Content, Reviews and Platform Rules

10.1 Content Licence

By submitting Content, a Member grants Pop This Shop a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, adapt and display that Content for the purpose of operating, promoting and improving the Platform. The Member retains ownership of their Content.

10.2 Reviews

Reviews must reflect a Member’s own genuine experience of a Reservation and must not be submitted or solicited in exchange for compensation, in accordance with the review-authenticity requirements introduced by the Omnibus Directive (EU) 2019/2161 and implemented in Book VI CDE.

10.3 Prohibited Conduct

•    Circumventing the Platform to conclude or pay for a Reservation directly with the other Member, outside the Platform, in order to avoid Fees. Where a Landlord and a Tenant conclude an agreement directly between themselves within 18 months of their first contact through the Platform, Pop This Shop remains entitled to charge its service Fee, calculated on the value of that agreement, together with any legal costs reasonably incurred by Pop This Shop in establishing or recovering it.

•    Providing false, misleading or fraudulent information in a Listing, review or Reservation.

•    Harassing, discriminating against, or acting unlawfully towards another Member, including on grounds protected under the Belgian Anti-Discrimination Act of 10 May 2007 and the Gender Act of 10 May 2007.

•    Infringing the intellectual property or other rights of a third party.

•    Listing or using Space for an unlawful purpose, or for the sale of prohibited or unlicensed goods.

10.4 Notice and Action

Members may report Content or conduct they believe is unlawful. Where Pop This Shop removes or restricts Content on this basis, it will act in accordance with the notice-and-action and statement-of-reasons requirements of Articles 16 and 17 DSA, and will provide access to its internal complaint-handling system under Article 20 DSA.

10.5 Protection of Member Identity and Contact Details

To protect Landlords, Tenants and the Platform, a Member’s name, contact details and full address are not disclosed to another Member until a Reservation request has been made. Pop This Shop is authorised to edit, redact, crop or remove any text, photograph or other Content in a Listing or message that would otherwise disclose such information prematurely, in order to maintain this protection.

10.6 Press Releases

Pop This Shop may prepare a press release (persbericht) based on information provided by a Tenant, where that information is provided within the applicable delivery or hand-over term. Pop This Shop gives no warranty and accepts no responsibility for the publication of any such press release, nor for its further follow-up or handling.

11. Intellectual Property

The Platform, including its software, design and the Pop This Shop name and logo, is owned by or licensed to Pop This Shop and is protected by intellectual property law. Nothing in these Terms transfers any such rights to a Member, other than the limited right to use the Platform in accordance with these Terms.

12. Termination, Suspension and Other Measures

A Member may close their account at any time, subject to honouring any confirmed Reservations. Pop This Shop may restrict, suspend or terminate a Member’s access to the Platform for breach of these Terms, fraud, or as required by Applicable Law. Where a Landlord is a business user within the meaning of the P2B Regulation, Pop This Shop will provide a statement of reasons and, save where a shorter period is justified by legal obligation or repeated infringement, at least 15 days’ notice before terminating access, in accordance with Article 4 of that Regulation.

13. Complaint Handling

Pop This Shop maintains an internal complaint-handling system through which Members may raise complaints about a Listing, a Reservation, or a decision taken by Pop This Shop, free of charge and within a reasonable time, in line with Article 11 of the P2B Regulation and Article 20 DSA where applicable.

14. Modification of These Terms

Pop This Shop may amend these Terms from time to time. Save where a change is required by Applicable Law or is solely favourable to Members, we will give at least 15 days’ prior notice of a material change. If a consumer does not agree to a material change, they may terminate their account free of charge before the change takes effect. Continued use of the Platform after a change takes effect constitutes acceptance of the amended Terms.

15. Disclaimer of Warranties

Pop This Shop gives no warranty, express or implied, in relation to the Platform, a Listing, a Space or a Reservation. The Platform is provided “as is” and “as available”. To the extent permitted by Applicable Law, Pop This Shop makes no warranty that the Platform will be uninterrupted, secure or error-free, and does not warrant the accuracy of a Listing, the identity of any Member, or the suitability of any Space. This Section does not affect any warranty that cannot be excluded or limited as a matter of mandatory Belgian or EU consumer law.

16. Limitation of Liability

To the extent permitted by Applicable Law, Pop This Shop’s aggregate liability arising out of or in connection with these Terms or a Member’s use of the Platform is limited to the greater of the Fees paid to Pop This Shop by that Member in the 12 months preceding the event giving rise to the claim, or EUR 500, and Pop This Shop is not liable for indirect or consequential loss.

Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for wilful misconduct or gross negligence, or for any other liability that cannot lawfully be excluded or limited, including under Article VI.83, 13° CDE, which prohibits the unfair exclusion of liability towards consumers for death, personal injury, or loss caused by a professional’s own act or omission.

17. Indemnification

A Member agrees to indemnify Pop This Shop against reasonable claims, losses and expenses arising from that Member’s breach of these Terms or of Applicable Law, save to the extent such claims arise from Pop This Shop’s own gross negligence or wilful misconduct, or to the extent such an indemnity would be unenforceable against a consumer under mandatory Belgian or EU law.

18. Data Protection and Privacy

Pop This Shop processes personal data in accordance with the GDPR and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. Further detail on the purposes and legal bases of processing, retention periods, and Members’ rights is set out in our Privacy Policy. Where a Landlord and a Tenant exchange personal data with each other in connection with a Reservation, each acts as an independent data controller in respect of that exchange and is responsible for its own compliance with the GDPR.

19. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of Belgium, applied as the primary and first-priority body of law.

Where a matter falling within these Terms is regulated by directly applicable European Union law — including the GDPR, the DSA, and the P2B Regulation — that EU law forms the overarching legal framework for the matter and takes precedence over any conflicting provision of Belgian domestic law, consistent with the primacy of European Union law over the domestic law of Member States.

Where a Member is a consumer habitually resident in another EU or EEA Member State, the choice of Belgian law in this Section does not deprive that consumer of any protection they cannot be deprived of under the mandatory rules of the law of their country of habitual residence, in accordance with Article 6(2) of the Rome I Regulation (EC) No 593/2008.

Subject to the foregoing, the courts of Brussels have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, without prejudice to the right of a consumer to bring or defend proceedings before the courts of their own place of residence in accordance with Articles 17 to 19 of the Brussels Ia Regulation (EU) No 1215/2012.

20. Complaints and Alternative Dispute Resolution

Members should first raise a complaint through our internal complaint-handling system described in Section 13. The European Commission’s Online Dispute Resolution platform ceased operation on 20 July 2025 and is no longer available. Belgian consumers may instead contact the Consumer Mediation Service (Consumentenombudsdienst / Service de Médiation pour le Consommateur, www.consumentenombudsdienst.be) or another qualified entity for consumer mediation. Pop This Shop is not obliged to use an alternative dispute resolution entity within the meaning of Directive 2013/11/EU, but will consider genuine requests for mediation in good faith.

21. Miscellaneous

Entire agreement. These Terms, together with the documents they refer to, constitute the entire agreement between a Member and Pop This Shop regarding use of the Platform.

Severability. If a provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

No waiver. A failure to enforce a provision of these Terms is not a waiver of the right to do so later.

Assignment. Pop This Shop may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. A Member may not assign these Terms without our prior written consent.

Force majeure. Neither party is liable for a failure to perform caused by circumstances beyond its reasonable control.

Language. These Terms are made available in Dutch, French and English. Where required by Belgian language legislation, the Dutch or French version prevails; otherwise, in case of inconsistency, the Dutch version prevails.

22. Contracting Entity and Contact

JEM Drinks BV enterprise number (KBO/BCE) 0661862375, VAT number BE 0661862375, trading as “Pop This Shop”.

Contact: legal@popthisshop.com