Terms of service
OVERVIEW
Welcome to A Pony Design! The terms "we," "us," and "our" refer to A Pony Design. A Pony Design operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a tailored shopping experience ("Services"). A Pony Design is powered by Shopify, which enables us to provide the Services to you.
The following rules and conditions, along with any policies referenced herein (these "Terms of Use" or "Terms"), describe your rights and obligations when using the Services.
Read these Terms of Use carefully, as they contain important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LÄNK]. If you do not agree to these Terms of Use or our Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you affirm that you are at least the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including visiting or browsing our Online Shop or purchasing any of
for the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have done everything we can to provide an accurate representation of our products and services in our online shops. However, please note that colors or the appearance of the product may differ from how they are displayed on your screen depending on the type of device you are using to access the store as well as your device's settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or reproduced in our online shops.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue the production of products at any time and may limit the quantities of products we offer to individuals, geographic regions, or jurisdictions, from product to product.
SECTION 3 – ORDERS
When you place an order, this constitutes an offer from you to make a purchase. A Pony Design reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until [Handlere] confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as A Pony Design may not be able to accommodate requests for cancellations after an order has been accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LÄNK].
You represent and warrant that your purchases are for your own personal use or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be stated in your order confirmation via email. Unless otherwise expressly stated, the listed prices do not include taxes, shipping, handling, customs, or import fees.
Prices listed in our online shop may differ from prices offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing and are governed by rules and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can process your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you have the proper authority to use the credit card for purchases, (iii) charges you incur will be paid by your credit card company, and (iv) you will pay charges you incur at the stated prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by courier companies, customs processing, or events beyond our control. Once we have handed over products to the courier, ownership and risk of damage pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by A Pony Design, its subsidiaries or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property rights.
These Terms allow you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms shall grant or be interpreted as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of A Pony Design, Shopify, or any other provider. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by A Pony Design.
Names, logos, product and service names, designs, and slogans for A Pony Design are trademarks owned by A Pony Design or its subsidiaries or licensors. You may not use such trademarks without written permission from A Pony Design. Shopify's name, logo, product and service names, designs, and slogans are trademarks owned by Shopify. All other names, logos, product and service names, designs, and slogans in the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools offered by third parties as part of the Services, which we neither monitor nor control or contribute to.
You confirm 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 recommendation. We have no liability whatsoever arising from or in connection with your use of optional tools from third parties.
All use of the optional tools offered through the website is entirely at your own risk and discretion, and you shall ensure that you are familiar with and agree to the terms based on the tools provided by the relevant third-party provider(s).
We may also in the future offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or websites that you choose to visit. If you choose to leave the Services to access this material or third-party websites, you do so at your own risk.
We are not responsible for any damage in connection with your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Carefully review the third party's policies and practices and ensure that you understand them before making any transaction. Complaints, claims, inquiries, or questions regarding products and services from third parties should be directed to the third party.
SECTION 9 – RELATIONSHIP TO SHOPIFY
[ANMÄRKNING TILL HANDLARE: Detta avsnitt beskriver korrekt Shopifys relation till din butik och ska inte tas bort eller ändras.]
A Pony Design operates with technology from Shopify, which allows us to provide the Services to you. All sales and purchases you make in our Store are, however, directly with A Pony Design. By using the Services, you confirm and agree that Shopify is not responsible for any aspect of the sale between you and A Pony Design, including any damages, injuries, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or in connection with your purchases and transactions with A Pony Design.
SECTION 10 – PRIVACY POLICY
All personal data that we provide through the Services is subject to our Privacy Policy, which can be read here [LÄNK], and certain personal data may be subject to Shopify's privacy policy, which can be read here. By using the Services, you confirm that you have read these privacy policies.
Since Shopify hosts the Services, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than where you reside, for the purpose of providing services to you. Please read our Privacy Policy [LÄNK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, offers, plans, or other content (collectively referred to as "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and market the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your Feedback; and (iii) your Feedback will comply with these terms. We are and shall under no circumstances be obligated to (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, consider to be illegal, offensive, threatening, defamatory, derogatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Use.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal rights or property rights. You further agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene Feedback, or contain any data virus or other harmful software that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or provide false information about the origin of any Feedback. You are solely responsible for all Feedback you provide and its accuracy. We have no responsibility for and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Sometimes there may be information in or about the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USE
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any illegal or malicious purpose; (b) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, defame, harm, demean, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit, or to have someone send, advertising or marketing material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our judgment, may harm A Pony Design, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track others' personal information; (d) send spam, engage in phishing, pharming, or pretexting against the services; (e) use robots, spiders, scraping, data collection and extraction tools, automated devices or processes, AI tools (such as agent-based AI), or automated or manual methods to access the Services; or (f) disrupt, bypass, or override security or authorization features, robot exclusion headers, or other measures we use to limit access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services. “Agent” refers to any software or service that takes autonomous or semi-autonomous actions for, or at the direction of, a person or entity and that can be performed for, or with the help of, a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it always identifies itself and acts strictly in accordance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, how and whether an Agent can access, use, and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agentnamn]"; (ii) not conceal or obscure that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing bot filters or measures intended to distinguish computer use from human use, (iii) respond truthfully to all questions or instructions aimed at determining whether interactions are from a human or a computer, (iv) not circumvent or otherwise avoid any action intended to block, limit, modify, or control how and whether Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our discretion at any time without prior notice, and you remain responsible for all amounts due up to and including the termination date.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver of Rights; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your or other visitors' reliance on such material or from any errors or omissions in the content of the Services.
EXCEPT AS EXPRESSLY STATED BY [HANDLARE], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR COVENANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, [HANDlare], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNITY
You agree to indemnify, defend, and hold A Pony Design, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any losses, damages, liabilities, or claims, including reasonable attorney's fees, that are paid to any third party due to or arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or a third party's rights, or (3) your access to and use of the Services.
We will notify you of any indemnity claims, provided that failure to promptly notify does not relieve you of your obligations unless you suffer substantial harm. We may choose to control the defense and settlement of such claims at your request, including the choice of attorney, but will not settle any claims that require non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnity claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Use is deemed illegal, invalid, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, the unenforceable part shall be considered severed from these terms of use, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – WAIVER OF RIGHTS; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules that are posted by us on this website or with respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 22 – APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where A Pony Design is headquartered. You and A Pony Design consent to the exclusive jurisdiction and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can read the latest version of the Terms of Service on this page at any time.
We reserve the right to update, modify, or replace any part of these Terms of Service at our discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes your acceptance of those changes.