terms & conditions
The ponystone.com website (the “Website”) is owned and operated by Lucky Pony Studio Co., Ltd. (“PONY STONE,” “us” or “we”). By using and/or visiting the Website, you assent to these terms of use (the “Terms of Use”) which include and incorporate by reference the terms and conditions of our Privacy Policy (the “Privacy Policy”). PONY STONE may revise these Terms of Use from time to time in its sole discretion, without prior notification to you of such revision. If PONY STONE makes changes to these Terms of Use, it will post them here. If you use this Website after changes are posted, it means that you have agreed to the Terms of Use as changed.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
1. USE OF PONY STONE
- By using ponystone.com you represent and warrant that you are more than 13 years of age or are visiting ponystone.com with the permission and supervision of a parent or guardian.
- Subject to these Terms and Conditions, PONY STONE hereby grants you a limited, revocable, non-exclusive license to access and use the Website on your computer or mobile device.
- You may not reproduce, modify, display or otherwise make commercial use of any content from the Website unless expressly permitted in writing by the company.
- PONY STONE reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.ponystone.com.
2. USER REVIEWS, PHOTOS & COMMENTS
- Anything posted or otherwise submitted to PONY STONE whether on the Website or via any form of social media (including by submitting an image to your social media using any PONY STONE branded hashtags), will be treated as public and nonproprietary.
- By submitting photographs, comments or other materials to PONY STONE, you grant PONY STONE a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become PONY STONE’s sole and exclusive property.
- In addition, when you post photographs, reviews or comments to PONY STONE or on any of PONY STONE’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to PONY STONE.
3. INTELLECTUAL PROPERTY RIGHTS
- All graphics, images and content on the Website belong exclusively to PONY STONE. The use of any PONY STONE trademarks or service marks without PONY STONE’s express written consent is strictly prohibited.
- You may not use PONY STONE’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit PONY STONE.
- In addition, you may not use any of PONY STONE’s trademarks or service marks in meta tags without PONY STONE’s explicit prior consent.
4. INTERNATIONAL ACCESS
- Customers who access and use the Website from outside of the Kingdom of Thailand are responsible for complying with their local laws and regulations.
5. SECURITY
- If you use any PONY STONE services, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.
- This Website has security measures in place to protect against the loss, misuse, unauthorized use and alteration of the information under our control. However, your confidential use of this Website cannot be guaranteed by PONY STONE. We shall not be responsible for any harm, loss, damage, liability, cost or expense that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.
6. LINKS TO THIRD PARTY SITES
- To provide you with access to related sites, our Website may contain links to or display the content of third parties (“external sites”). These other sites and parties are not under the control of PONY STONE, and you acknowledge that PONY STONE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is PONY STONE responsible for errors or omissions in any references to other parties or their products and services
- The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by PONY STONE, or any warranty of any kind, either express or implied.
7. TERMS OF SALE
- By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- Cancellation or changes to items on orders, shipping addresses or names are not permitted once an order has been processed. PONY STONE can refuse any amendment or cancellation of an order at any time.
- Please refer to our Shipping and Returns pages for further information.
8. PRICE
- The price with respect to any products is specified on the Website (“Price”). The Price is exclusive of any possible taxes and duties which may be applied by customs authorities on delivery into your country.
- PONY STONE reserves the right to change or alter the Prices of Goods on the Website without notice to the customer.
- In paying or attempting to pay for the products, the customer agrees that the customer has not engaged in any fraudulent conduct or contravened any law.
9. OUR CONTRACT
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
- A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit, debit card or we have received your payment on our PayPal account or other method of payment as notified by us.
10. PRODUCT INFORMATION
- In describing the products available to purchase online, PONY STONE attempts to be as accurate as possible. However, PONY STONE does not warrant that product descriptions or other content of any PONY STONE services are accurate, complete, reliable, current, or error-free.
- In addition, the actual colors of the products displayed on the Website will depend on the settings of your monitor, and PONY STONE cannot guarantee that your monitor’s display of any color will be accurate.
- In case that a product offered by PONY STONE itself is not as described, your sole remedy under this Terms of Use is to return it in original condition.
11. DISCOUNT CODES
- We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
- The conditions of use relating to any discount code will be specified at the time of issue.
12. RETURNS AND REFUNDS
13. DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS
- WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
- We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Website.
- The Website and the content and services available on the Website are distributed on an “as is, as available” basis. We make no warranties that (i) the Website will be uninterrupted, timely, secure, or error free, (ii) the content (including, without limitation, information regard products, pricing or availability) that may be obtained from the use of the Website will be accurate or reliable, (iii) the quality of any products, services, information, or other material that you purchase or obtain through the Website will meet your expectations, (iv) the Website will be free of viruses or other harmful or malicious code, or (v) any errors on the Website will be corrected.
14. ACCESS
- Access to the Website is permitted on a temporary basis, and PONY STONE reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.
- PONY STONE will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website without notice.
15. PRIVACY POLICY
- Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. The Terms of Use are subject to PONY STONE’s Privacy Policy. By using the Website, you agree to the Privacy Policy.
16. APPLICABLE LAW AND JURISDICTION
- The Terms of Use of this Website shall be governed by and construed in accordance with the Laws of the Kingdom of Thailand and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute.
17. CONTACT
- If you have any questions regarding our TERMS & CONDITIONS, please contact us at [email protected].