Terms and Conditions
The administrator of this website and the seller of all goods sold via the web store is Pongfinity Entertainment Oy, founded under the laws of Finland, registry code: 2911405-2, address: P.O. Box 162, 00250 Helsinki, Finland. Throughout the site, the terms “we”, “us” and “our” refer to Pongfinity Entertainment Oy.
By visiting our website or otherwise using our services and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms”).
These terms shall apply to the use of Pongfinity websites and to using any of our services provided through our websites. References to services in these Terms may include, but are not limited to, the sale of goods through our websites.
We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated hereunder.
Please read these Terms carefully before accessing or using our website or purchasing any goods from our web store. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the website or purchase any goods. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current website or web store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
You can contact us any time via email at email@example.com.
1. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use this website or any services provided on the website for any illegal or unauthorized purpose nor may you, in the use of this website and the services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature to this website.
A breach or violation of any of the Terms will result in an immediate termination of your services.
2. GENERAL CONDITIONS
You understand that any information or content that you provide (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the material provided though our website, use of such material, or access to the material or any contact on the website through which the material is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. MODIFICATION OF THE CONTENT
We reserve the right to modify the contents of this website without notice at any time. You agree that it is your responsibility to monitor changes to our website.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the provision of any service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service.
5. PRODUCTS OR SERVICES
Products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy under Section 21 of these Terms.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue the provision of any product or service at any time. Any offer for any product or service made on this website is void where prohibited.
6. ACCURACY OF ORDER DETAILS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and customer information for all purchases made at our store. You agree to promptly update your order details so that we can complete your transactions and contact you as needed. You can contact us at firstname.lastname@example.org to update your order details.
The estimated delivery date of the goods you have ordered is based on the stock availability of the goods as well as the delivery address you have provided, and the delivery is conditional on your accepted payment. We strive to ensure that ordered goods are delivered within the estimated delivery window, but the window is indicative, and we cannot guarantee that delivery will occur within the window.
You may be responsible for additional shipping costs if you attempt to change your shipping address after ordering the goods.
Responsibility for the product and its protection will pass to you once the product has been delivered to you.
Nothing in these Terms shall exclude or limit our liability in the event of:
- death or personal injury resulting from our negligence;
- fraud; or
- other liability that cannot be excluded under applicable Finnish law.
Subject to limitations imposed by binding law, the website and its content are provided "as is" without warranty of any kind.
To the extent that damage is not due to negligence on our part and the goods at the time of the transaction did not differ from what we specifically undertook or, in the case of non-consumer trade, we are not liable by contract, tort law or otherwise for:
- any indirect or consequential damages;
- any loss resulting from or in connection with loss of income, profits, reputation, information or contract, use of money or business interruption.
We are not liable under contract, tort law or otherwise for:
- any loss resulting from your use of our websites, including without limitation, your use of the websites or any use of external sites or material linked to those websites, your inability to use those websites, or the consequences of using those websites; including without limitation, loss or damage due to viruses that may infect your computer, software, information or other property as a result of visiting, using or browsing our website or downloading material from our website or other third party websites linked to our website;
- any loss resulting from misuse of the products or modification of the products, failure to follow our and/or the manufacturer's instructions, or negligent or indifferent use of the product, or any failure to comply with our obligations under these terms.
9. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
10. THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or creative ideas) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content or comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. PERSONAL INFORMATION
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or within our services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within our services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information within our services or on any related website except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses.
15. DISCLAIMER OF WARRANTIES; LIABILITY
We do not guarantee, represent or warrant that your use of the website will be uninterrupted, timely, secure or error-free. The website is provided ‘as is’ and ‘as available’ for your use.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our website. For the sake of clarity, if these Terms are terminated after a purchase is made on the website, the Terms will remain effective in respect of purchases made prior to the termination.
If you materially breach any term or provision of these Terms, we also may terminate this agreement at any time with notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
18. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this website or in respect to our services constitute the entire agreement and understanding between you and us and govern your use of our services and websites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
19. GOVERNING LAW AND DISPUTES
These Terms and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions.
In case of disagreement, you can refer the matter to the Consumer Disputes Board (https://www.kuluttajariita.fi/en/index.html). We recommend that you contact the Consumer Advisory Services (https://www.kkv.fi/en/consumer-advice/) before taking the matter to the Consumer Disputes Board, since the Consumer Disputes Board may dismiss the matter unless the consumer has first been in contact with the Consumer Advisory Services.
If you wish, you can also initiate a dispute resolution through the European Online Dispute Resolution (ODR) forum (http://ec.europa.eu/odr). When dealing with the ODR forum, you will need our e-mail address, which is email@example.com.
You also have the right to refer the matter to the district court of your place of residence.
20. CHANGES TO THE TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our services following the posting of any changes to these Terms constitutes acceptance of those changes.
21. CONTACT INFORMATION
Questions about the Terms should be sent to us at firstname.lastname@example.org.
22. REFUND POLICY
Return of Goods
From the receipt of your order, you have 30 days right to withdrawal by requesting a return. You are entitled to withdrawal in full or in part irrespective of the reason. The return right expires after the passing of the aforementioned term.
Please note that in order to be eligible for a return, your item(s) must be in the same condition that you received it: undamaged, unused and in their original packaging. Also, note that you as a customer have the financial responsibility to pay for the shipping costs if you decide to return the goods to us.
To start a return, please contact us at email@example.com and provide us the following information:
1) The number of the order
2) The goods to be returned
3) Name of the buyer
4) Date of the receipt of the order
We will provide you instructions on how and where to return your package. Items sent back to us without first requesting a return will not be accepted.
When withdrawing from the purchase, you shall return the goods to us within 30 days after having requested the return of goods via the above mentioned email address. We will notify you once we have received and inspected your return, and let you know if the refund was approved or not. If the refund is approved, we shall return the amount paid for the goods to your bank account or card, from which the respective amount was paid on the basis of the order, within 14 days after receipt of the goods returned. No interest shall be calculated or paid on the money returned.
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right. If there is a defect in your order, you have the right to demand us to reimburse the defect, irrespective of the expiry of the aforementioned withdrawal period.
You can always contact us for any return question at firstname.lastname@example.org.