Terms & Conditions
Last change to T&C’s 28/10/2015
This website http://www.tonic-studios.com is owned and operated by
Tonic Studios USA Inc
800 S Stockton Ave,
Ripon, CA 95366
Federal ID Number: 35-2521935
TERMS OF SERVICE—-
This website is operated by Tonic Studios Inc USA. Throughout the site, the terms “we”, “us” and “our” refer to Tonic Studios Inc USA. Tonic Studios Inc USA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.
ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, 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.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (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 Service, use of the Service, or access to the Service or any contact on the website through which the service 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.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
1. TONIC STUDIOS USA SALES AND USE TAX POLICY STATEMENT – Please see the separate page under ‘policies’ for the tax policy statement.
Here is the link:
Toll Free: (844) 866-4287
If you need to contact us please use the details above or preferably use the ticket system in the contact us section so we can track your query use t section on this website.
2. Make a contract with us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
2.2 Once we have reviewed your order we will e-mail you again to confirm that we accept your order, and that a contract has been made between us.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.4 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
3. How to place order – In some regions it may not be possible to place orders on Tonic Studios.
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.
3.2 Carriage charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases. You can pay for your order by Paypal.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in USD, Tax is calculated on checkout. They may be converted to your local currency on checkout depending on how you choose to pay.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
4. Delivery & Carriage Charges
4.1 Goods will normally be dispatched from our warehouse within 2-3 working days and any estimated dispatch date is a an estimate, which can change without notice.
4.2 We will normally deliver goods within 2-3 working days of dispatch for USA orders – overseas orders vary. Contact us for estimates.
4.3 Your order may arrive in more than one delivery.
4.4 Shipping areas are detailed as you check out – as you need to be registered to use this site we will know your country of origin so some items may not be available in your country – these will not have an add to card buttons on them. There may be reasons they are not available, either cost of shipment, local regulations on restricted product or partnership agreements we have with local partners.
4.5 We will deliver the goods to the premises you specify on your order. If the carrier cannot deliver the goods as you are out they will re-try or you may have to collect from a local depot. As we use various carriers this process will change and will be handled by the delivery carrier.
We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.6 In case of damaged product please advise us as soon as possible or mark as damaged when signing if possible.
4.7 Disposal of packing materials is your responsibility.
4.8 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.9 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within a reasonable time.
4.10 If the goods are lost or damaged in transit, please let us know promptly.
4.11 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.12 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
5. Cancellation and returns
5.1 You can cancel your order before dispatch but after the goods have left the building they will need to be handled as a return. To do this, please contact us as soon as possible, ideally by phone to ensure we have had the request.
5.2 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.3 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other USA address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.4 If you fail to return the goods we cannot issue a refund unless we have specifically agreed and communicate this to you in writing beforehand.
5.5 We will process any refunds as soon as possible but within 30 days, less any costs due under this contract.
5.6 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
6. Faulty Goods / Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights. This can be done via the ticket system where we can track the progress of your enquiry better and we can tie it into your account and contact details.
6.2 All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
6.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked. In some cases we may ask you to dispose of the goods instead of returning them, please get consent from us before disposing of them and dispose of them in a proper manor.
The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
7.1 The products sold on this website have been designed to comply with all relevant USA legislation. We cannot warrant or represent that they comply with any legal requirement outside the USA.
7.2 We do not accept liability for any consequential loss of profit or indirect losses. Our products are not intended for commercial use.
8. Trade or Business Customers
For trade and business customers please contact us for wholesale details.
Website Disclaimer for: www.tonic-gold.com
This disclaimer details our obligations to you regarding our website. This disclaimer has been provided and approved by legal forms provider LegalCentre.co.uk. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
1. Use of Website
1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission or unless specifically granted exclusions within the side (projects and templates etc).
1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
2. Visitor Conduct
2.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. Site Uptime
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
4. Links to and From other websites
4.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
4.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
5. Exclusion of Liability
5.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
6. Law and Jurisdiction
This Legal Notice shall be governed by and construed in accordance with United States Law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the United States.
7. Online Forum / Messaging / Chat Ares Terms and Conditions
By using the message board(s) and chat area you agree to these terms and conditions (“the Terms”).
All messages are the opinions of the author and are not the views or opinions of Tonic Studios USA Inc . Please note that some of the boards may be used by people of all ages as we have no age limits to the site; please have regard to this.
You agree that:
- Use by you of the message boards is entirely at your own risk;
- You are responsible for the content of the messages you post and any consequences that flow from such posting(s) or chats;
- Tonic Studios USA Inc will not be liable for any errors or omissions in any postings or for any loss or damages incurred as a result of the use of any information contained in the message boards;
- Tonic Studios USA Inc makes no guarantee or gives warranty of any kind whatsoever (whether express or implied) in relation to your use of the message board(s) and / or chats areas or any use by any third parties; and
- Tonic Studios USA Inc shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from the use of (or in connection with) the message board(s) or chat areas.
- Membership is for individual use only and not allowed for corporate or business use. Registrations or posts made by businesses will be removed
Subject to the third paragraph of these terms in relation toTonic Studios USA Inc your sole and exclusive remedy for using the message board(s) or chat areas and/or any information contained on the same is to stop using the message board(s) or chat areas and/or any information contained on it/them.
Tonic Studios USA Inc does not guarantee that the use of the message board(s) by you will be uninterrupted, error free, free from any third party interference or that the message board(s) or chat areas will be free from computer viruses or other malicious software.
It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Any information disclosed on the message boards themselves will become public information.
For your own safety you should not disclose personal information such as your email address, home address or telephone number (or any information which would identify you indirectly) on any message board(s) or chat areas.
You further agree not to do any of the following:
- post any information that is unlawful, harmful, threatening, abusive, harassing, vulgar, profane, obscene, may cause personal distress, offensive, defamatory, false, libelous, hateful, racially, sexually or otherwise discriminatory or post any information that is otherwise (in the absolute discretion of Tonic Studios USA inc) objectionable;
- impersonate any person or entity, or misrepresent your association with a person or entity;
- promote or endorse any business or commercial goods, products or publications (including other websites) ;
- post any information that may be invasive of another’s privacy or violate the rights of any other member, or of any third party in any way;
- post inflammatory messages;
- post any content that infringes any patent, trademark or copyright of any party unless you have the permission to do so;
- use the boards to encourage illegal and/or inappropriate behaviour, to form or recruit members for distinct groups whose aims are to cause disruption, or to encourage others to do so;
- use the boards to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- post any information that would be in breach of a court order from a court of competent jurisdiction;
- post any information that is confidential and/or commercially sensitive;
- post any URLs or web links (to avoid doubt,Tonic Studios USA Inc takes no responsibility for the content of any external URL or web link if posted in contravention of these Terms);
- post the names of any individual (or identify any individual by any other means) in relation to (or in connection with) criminal accusations and/or any current criminal proceedings.
- Spoil, spam, impersonate or engage in activity or behaviour whichTonic Studios USA Inc regard as objectionable and/or inappropriate.
If you are offended by a post or topic please use the ‘Contact Us’ menu option and raise a ticket with full details. Please do not use this facility if you simply disagree with what has been posted; if this is the case post a reply stating your opposing opinion. When doing so do not make any personal attacks. If you disagree with another member of the boards or with a situation, state your case without attacking or insulting others, and treat others with respect.
Tonic Studios USA Inc reserves the right to:
- modify the message boards from time to time, with or without notice, including the right to terminate the message board and all (or any of) its messages for any reason;
- determine (in its absolute discretion) if any message or discussion is in violation of these Terms, and edit or remove any content that it considers does so;
- prohibit and/or ban the posting of messages by any member at any time if they should violate these Terms, or for any other reasonable cause.
The message boards will be subject to some form of moderation to ensure that all users, including young people, are protected; this is not in place to stifle free expression but exists to ensure that the boards offer a safe environment that does not (amongst other things):
- cause offence;
- cause legal problems;
- or endanger personal safety.
Key Warning for Younger Users
If you’re Under 16 (Sixteen) please get the permission of a parent, guardian or teacher before taking part.
Never reveal any personal information about yourself or anyone else (for example, school details, telephone number, your full name, home/postal address or email address, or any other details that would allow you to be personally identified).
These Terms are governed by USA law and you and Tonic Studios USA Inc submit to the exclusive jurisdiction of the United States courts.
The failure or delay of Tonic Studios USA Inc to exercise or enforce any right in these terms does not waive Tonic Studios USA Inc’s right to enforce that right.
If any of these terms are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of the United States of America , then to the extent permitted such illegal, invalid or unenforceable term (s) shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.