Terms & Conditions
The POM MAKER website, pommaker.com (the “Site”) is owned and run by Rock and Pebble LLC, registered in the USA, also referred to as “POM MAKER” or “we” and concerning all geographical variants of the Site in the US and Europe. These terms and conditions (the “Terms”) govern the use of the Site by “you” (the “Customer”). Your use of the Site and any purchases you make from it constitutes your agreement with these Terms. If you do not agree to these Terms, please do not use the Site.
Pom Maker reserves the right to make changes to the Site and these Terms. Any changes will be notified here. By using the site you agree to accept any such changes. Therefore we encourage you to review our Terms each time you visit the site.
You are solely responsible for the accuracy, legitimacy and content of information you provide to POM MAKER. Submitting false or incorrect information when registering with POM MAKER is not permitted. All information shared with us, including but not limited to email addresses, mailing addresses and phone numbers will be used exclusively with regards to processing your orders or communicating our news to you. POM MAKER will not share your personal information with 3rd parties, beyond those engaged by us to deliver customer orders and conduct customer service duties, or unless required by law. By supplying this information and using our site you agree to this use of your information.
You’re fully responsible for selecting a password that is unique to your POM MAKER account and keeping this information undisclosed and secure from any third person/party.
Visitors under 18 may only use www.pommaker.com with assistance from a parent or guardian. POM MAKER reserves the right to refuse service, close accounts, remove or edit content, or cancel orders at their sole discretion, at any time, for any reason.
Prices displayed in the US shop (here) are exclusive of sales tax. We collect sales tax on all orders shipped to addresses in California. Sales taxes are added automatically to your order at the checkout based on your shipping address. There is no sales tax due on orders shipped to addresses outside of California.
Prices do not include any import duties or foreign taxes on international orders, see International section below.
All products are shipped as described on the Shipping page of the Website. The shipping transit times listed are estimates and are not guaranteed times.
We will make every reasonable effort to meet the order processing and dispatch times listed on the website, but in no cases will we be held liable to you if we are unable to meet such timescales. Once your order is delivered to the applicable carrier company the title and risk of loss transfer to the customer. The customer will be responsible for all shipping and related charges in the event, but not limited to, a shipment being refused or delivery failure due to absence of the receiver, errors in information provided or failure to pay foreign import duties or taxes.
Customers are responsible for providing correct shipping addresses and being available for receiving the items when the delivery is attempted. Returned orders due to failed delivery attempts, items delivered to an incorrect address or lost parcels will not be refunded. The customer will be responsible for all shipping and related charges including the return shipping charges by the courier in the event, but not limited to, a shipment being refused or delivery failure due to the absence of the receiver, errors in information provided or failure to pay foreign import duties or taxes.
If the item is returned to us safely and the customer requests resending of the order, the customer is fully responsible for the original shipping charge and re-sending costs.
Any failure in delivery due to Pom Maker’s errors (excluding the carrier company or the customer’s errors) will be resent or refunded in full.
Please see the Ordering & Shipping section below for more detail.
Customers who place orders from outside the US or Europe are responsible for all customs import duties and local taxes that apply. All customers are responsible for supplying a valid phone numbers that a courier company can contact for delivery and customs arrangements. Failed deliveries due to the neglect of the customers to pay the import duties, taxes in time will be the sole responsibility of the customer.
Customers can return items for a refund or exchange if the conditions listed herein are met. In all cases a return request must be sent in writing within 14 days of receipt by e-mailing: firstname.lastname@example.org and following receipt of return instructions returned within 14 days of receipt of returns form.
The product must unused and in resale condition.
In case of faulty or damaged item, a photographic proof needs to be emailed first before the return process can start.
Pom Maker reserves the right to refuse the return of items or issue refunds when requests do not meet the conditions set out above.
The site offering products in USD serves US customers and the site offering products in UK Pound serves UK & Europe based customers.
Pom Maker will not be held responsible for discrepancies in product pricing and shipping charges between these geographical sites.
Products displayed may be on backorder or discontinued. Product descriptions may indicate availability as “In Stock”, “Sold Out”, or “Pre order [expected shipping date or delay period]”. Product availability can vary continuously according to sales levels.
We try to ensure that the info provided for each product listing is accurate and up to date, however revisions or errors regarding stock levels may occur. Pom Maker is not responsible for typo errors regarding availability and cannot be held responsible if the stock level is not as is indicated. Pom Maker reserves the right to change the selection of products according to any limits imposed by its stock or that of its suppliers. Availability and range of products may vary depending upon the geographical location of the customer, for example the merchandise available at any given time to European and US customers.
Customers will normally be advised when ordering if a product is on back order. If notified afterwards, eg. because of incorrect stock levels indicated on the site, the Customer has the option to cancel the items from their order.
Customers must be aware of potential dispatch delays if their order includes an item listed at checkout as on “backorder” or “pre order”.
If Pom Maker cannot supply a product the Customer has ordered, we will email the Customer. The Customer can request either a cancellation of the order and a refund, or exchange the product for one of equal value. No penalty will be applied for such an order cancellation. No compensation, except the full repayment of the order, can be requested.
Prices on the Site serving the US and The Rest of World are listed in USD. Prices on the Site serving the UK and Europe are listed in GBP. Prices on both sites are subject to change.
Where the prices include shipping charges, sales tax, or any promotional discounts, this will be indicated during the checkout process.
Where additional shipping charges or taxes apply or are not covered, this will be indicated during the checkout process.
Our prices never include customs import duties and these charges are the responsibility of the customer.
We try hard to ensure that the info provided in each product listing is correct, however mistakes may occur and Moon Picnic is not responsible for or obliged to honour price typo errors.
Pom Maker makes every effort to display products as accurately as possible, however product images and colors may display differently on different device screens. The product written descriptions are intended to give Customers an accurate as possible description of the product being offered for sale, though they are not exhaustive, please review this information carefully before deciding whether to purchase.
ORDERING + SHIPPING
To place an order the Customer is required to:
1) Make their choice of product/s.
2) Select how many they would like to buy;
3) Provide details of your identity, either by logging in with your username and password, and/or by giving the required shipping and billing information;
4) Provide the necessary shipping information, including the accurate shipping address, including any restrictions of access at the place of delivery;
5) Choose a mode of delivery;
6) Check carefully that all information provided is accurate and complete before submission to Pom Maker for processing;
7) Make payment for the order using the Paypal link at checkout
8) Check the order details in the confirmation e-mail and/or order details in the ‘My Account’ area of the Moon Picnic site.
Successful payment for an order via Paypal or Credit Cards will formalize the sale contract with Pom Maker. Each order placed constitutes acceptance of the prices and description of the products ordered.
We use secure external payment systems such as Paypal and Stripe gateway therefore we do not see, handle or store your sensitive payment information or card details directly.
Payment information remains secured by Paypal’s and Stripe’s encryption systems. Upon placement of an order we accept authorisation of payment by these external payment providers as confirmation of the order by you.
Pom Maker reserves the right to refuse any order from a Customer with whom exists, or which occurs during ordering, a dispute, including but not limited to a dispute over payment.
Products will be delivered to the address entered by the Customer during the checkout process. The Customer is responsible for the accuracy of information provided to POM MAKER.
POM MAKER cannot be held responsible for order form errors and any subsequent consequences including, but not limited to delivery delays or parcel loss.
Customers will be responsible for all expenses incurred due to incorrect information provided by customers. Examples include costs for re-delivery, forwarding, return of or re-shipping of such orders. At times, the courier services need a customer’s phone number to arrange a re delivery. A failure to provide a contactable phone number may result in delays or non delivery. Pom Maker cannot be held responsible for such cases and any subsequent consequences.
POM MAKER is not responsible for delivery delays caused by carrier mistakes or disruptions including, but not limited to strikes or weather.
The customer will be notified with a tracking numbers for their parcels and are responsible for contacting the postal service to track their orders, arrange redelivery or locate the missing parcels.
If the Customer suspects that a processed and shipped parcel has been lost they should contact Customer Service by email email@example.com within 12 days following the receipt of the shipping confirmation email. For EU and Worldwide customers please allow additional time for parcel transit and two weeks before contacting us.
POM MAKER will replace lost parcels where possible or refund the amount paid for the products if all these criteria are met: 1) The carrier determines the parcel lost or misplaced, 2) The carrier determines the parcel undelivered, and 3) The Customer has informed Pom Maker of the lost claim within the time frame requested above.
POM MAKER will not be held liable for the replacement or refund of an order if the shipping carrier records the parcel as delivered to the address given by the customer. The customer is wholly responsible for the parcel once the carrier records the parcel as delivered.
POM MAKER will not be held liable, following any (but not limited to) stock issues, dispatch delays, carrier delays, parcel loss or damaged or non delivery of any kind, for any subsequent damage claims of any kind made by the customer.
To exchange a product received for another, the customer must complete the return process outlined above, meeting the conditions and guidelines of the return policy and procedures. The Customer should then place a new order for the replacement product. Shipping costs related to the exchange, including the cost of return shipping for the original product and the shipping cost of the replacement product, are the responsibility of the Customer.
For exchanges due to an accepted manufacturer’s defect, the replacement item will be shipped at POM MAKER ’s expense.
PRIVACY AND SECURITY
We take privacy and security of your information very seriously. Every precaution is taken to ensure that your personal information is handled in a safe , secure and responsible manner. We operate with strict adherence to all applicable regional and national data protection laws and regulations.
You are welcome to subscribe to our e-mail newsletters by entering your e-mail address on the newsletter subscription page. We will only send newsletter e-mails to customers who have voluntarily opted in to this newsletter service by giving us their contact e-mail. You can unsubscribe at any time following the link at the bottom of the newsletters.
SITE CONTENT + MATERIALS
Site material may not be reproduced, republished, copied, uploaded,posted, transmitted or distributed without written permission from Moon Picnic. The “Materials and Content” of the Site; its information and contents, such as logos, text, data, artwork, images, photographs and graphics is created by and is the property of Moon Picnic, or in some cases that of our suppliers and is protected by patent, trademark and/or copyright under United States and/or foreign laws.
All designs under our own brand ‘Moon Picnic’, their concept and form, both 2D and 3D remain the copyright and design right of Rock and Pebble LLC 2014. All rights reserved.
All other brands we stock on the site are the copyright owners of their respective products.
We reserve the right for any or no reason, without notice, to change, suspend or discontinue the Site or any part of it at any time and accept no liability for doing so.
ENTIRETY OF TERMS
For conditions not explicitly mentioned, they will be regarded as conforming to laws and regulations in the online sales sector by US companies. Transactions and communication between R & P and the Customer are controlled exclusively by the Terms herein.
Should a need arise to recall any of Moon Picnic’s own brand manufactured products we will inform all affected Customers by e-mail.
However Moon Picnic makes no guarantees that the Customer will receive recall information regarding products purchased on our site. Moon Picnic cannot be held responsible for losses or damages resulting from a failure to notify the Customer of a recall, or from the Customer’s purchase of an item before a recall has been issued.
Neither party will have failed in its contractual obligations, if their execution is delayed, blocked or prevented by circumstances beyond their control such as natural disasters, transportation blockages, telecommunication or network breakdowns, or Acts of God. The party affected by such circumstances will warn the other party within ten business days from the date on which the circumstance
DISCLAIMERS AND LIMIT OF LIABILITY
1) You agree to defend, indemnify and hold Pom Maker, its directors and employees harmless from any and all claims, liabilities, damages, costs and expenses, including attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your purchase of the products or your violation of the Terms.
2) Pom Maker stress that the products, services and information proposed by Pom Maker in no way substitute for constant vigilance by adults.
3) Pom Maker’s aim is to provide accurate information on the Site, however there may be unintended technical, factual and typographical errors and R & P makes no warranty that info and content on the Site will be complete, accurate, or error free. We reserve the right to make changes and corrections to the Site at any time without notice.
4) The Site is provided “AS IS.” and you assume all responsibility and risk relating to your use of it. R & P disclaims all warranties, conditions and endorsements of any kind either express or implied with regards to information accessed on the Site.
No advice, information or materials, oral or written, you obtain through the site shall create any warranty or guarantee not expressly made herein. If you are dissatisfied with the Site, please stop using the Site. Any material you obtain by using the Site is done so at your own risk and discretion. Any damage that results from the download or misuse of such material is your sole responsibility.
Pom Maker / Rock and Pebble LLC 2018