Terms of Use — Tongkam

Effective Date: June 20, 2025

Welcome to Tongkam Marketplace. These Terms of Use (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. General Provisions

1.1 Scope of Application: These Terms apply to all users of the Tongkam Marketplace Services, including our website, mobile applications, and related platforms, under the laws of the Kingdom of Thailand.

1.2 User Eligibility: You must be at least 20 years old or have obtained consent from a legal guardian to use the Services. Using the Services confirms that you meet these requirements.

1.3 Updates to Terms: We may update these Terms at any time. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.

2. Use of Services

2.1 Account Registration: Some parts of the Services require the creation of an account. You must provide accurate, complete, and current information and keep it up to date.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

2.3 Permitted Use: You must use the Services for lawful purposes and in compliance with these Terms. You agree not to:

Use the Services to violate any laws or regulations of Thailand.
Access, interfere with, or disrupt the operation of the Services without authorization.
Copy, reproduce, or distribute content without written permission.

2.4 Prohibited Content: You must not post, upload, or share content that is defamatory, obscene, fraudulent, or illegal under Thai law.

3. Products and Transactions

3.1 Product Descriptions: We strive to provide accurate product descriptions, but we do not warrant that all information is free of errors.

3.2 Pricing: Prices are subject to change without prior notice. All prices include applicable taxes unless otherwise stated.

3.3 Payment: Payments must be made via authorized methods. You agree to provide accurate payment information.

3.4 Eligibility for Refunds: A buyer shall only be eligible to request and receive a refund under the following three explicit conditions:

Stock unavailability: The buyer has completed payment, but the vendor subsequently confirms that the item is out of stock or otherwise unavailable.
Failure to ship: The vendor fails to dispatch and ship the item within the platform's designated processing window.
Misrepresentation, wrong item, or counterfeit: The received item is proven to be counterfeit, an incorrect item, or materially misrepresented (mismatched condition, wrong variant, or severe undisclosed damage) compared to the vendor's listing description.

3.5 Partial Orders and Incomplete Fulfillment: In the event of a multi-item or bundled order where only a portion of the order is unavailable, out of stock, or fails to ship, the Company will apply a partial fulfillment remedy:

Partial refunds: The buyer will receive a partial refund corresponding strictly to the value of the unfulfilled or unavailable items, plus any proportional shipping fees.
Remaining items: The available and fulfilled portions of the order will proceed to delivery normally and remain non-refundable under this specific condition.

3.6 Dispute Response Window and Refund Timelines: Once a refund request has been formally submitted, the platform enforces strict processing windows:

Review period: The Company's dispute resolution team will review and respond to all refund and misrepresentation requests within 5 business days of submission.
Processing window: Once a refund request is formally approved, funds will be issued within 7 to 14 business days.
Payment method: All refunds will be credited back exclusively to the original payment method utilized by the buyer during checkout.

3.7 Return Shipping Costs: In cases where a refund is requested due to vendor error, including misrepresentation, incorrect items, or counterfeit goods under Section 3.4:

Vendor responsibility: The vendor shall bear all reasonable return shipping costs required to send the item back.
Return process: The buyer will be provided with a prepaid shipping label or reimbursed for return shipping expenses upon confirmation and validation of the dispute by the Company's team.

3.8 Recommended Transaction Model: Optional Hub Pickup: Given the fragile, volatile, and high-value nature of high-end trading cards and collectibles, the Company strongly recommends an in-person exchange to minimize transit liabilities whenever possible:

Availability: For select transactions and where explicitly offered by participating vendors, a "Ship-to-Hub and Pick-Up" option may be made available at checkout.
The process: If this optional service is selected, the vendor ships the item securely to the physical Tongkam Hub. Once received and logged by the platform, the buyer must personally pick up the item from the designated hub location.
No platform-wide obligation: Buyers acknowledge that the Hub Pickup option is not guaranteed for every listing and is strictly subject to vendor participation and hub capacity. The unavailability of this option for any specific item does not constitute a breach of service by the Company.

3.9 Shipping & Receiving Recommendations (Condition Disputes): To help resolve any condition or transit dispute fairly, Tongkam highly recommends — but does not require — that both parties record a short, continuous, unedited video:

Sellers (vendors): We highly recommend recording a video of the packaging and shipment process for every order — showing the item matches the order description and is in its stated condition before it is handed to the courier (whether sent to the Tongkam Hub or directly to the buyer).
Buyers: We highly recommend recording a video when your package arrives — showing the sealed package, the unboxing, and the item's condition upon receipt.

These videos are voluntary and serve as supporting evidence. The absence of a video by either party does not, by itself, shift the burden of proof or automatically decide a dispute in the other party's favor. Each dispute is evaluated on the totality of available evidence — including order records, listing descriptions, photos, and any videos provided.

3.10 Direct Delivery and Resolution of Shipping Damage: For transactions utilizing direct third-party logistics—including instances where the buyer chooses direct shipping or where the Hub Pickup option is unavailable—the following protocols apply upon delivery:

Delivery and receipt: Risk of loss or damage during transit remains with the sending party until the package is successfully delivered to the buyer's specified address.
Evidence for transit claims: To substantiate and accelerate claims regarding transit-related damage or missing items, buyers are strongly encouraged to record a continuous, unedited unboxing video starting before the shipping seal is broken. While the absence of a video does not automatically void a buyer's statutory consumer rights, it may significantly impact the platform's ability to verify the origin of the physical damage versus carrier handling.
Transit damage claims: If an item or its packaging arrives damaged, the buyer must immediately alert the Company's customer support team. Because physical handling is controlled exclusively by the courier, the buyer agrees to cooperate fully with the Company and the vendor to raise, substantiate, and process the insurance claim directly with the third-party shipping company.
Support limitations: The Company's role is strictly limited to facilitating the logistics claim by pointing the user to the correct filing channels and providing necessary system documentation (such as tracking details or transaction confirmations). The Company does not guarantee any claim approval, compensation, or financial resolution from the courier service. If the shipping carrier delays, stalls, or denies a valid claim, the buyer acknowledges that the Company and the vendor are not liable for the carrier's actions and cannot issue a platform-funded refund for third-party transit damage.

4. Intellectual Property

4.1 Ownership: All content, trademarks, and intellectual property on the Services are the property of Tongkam Collectibles or our licensors.

4.2 Limited License: You are granted a non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes.

4.3 Restrictions: You must not reproduce, modify, distribute, or create derivative works from our content without written consent.

5. User Content

5.1 Responsibility: You are solely responsible for the content you submit, including reviews or comments.

5.2 License to Us: By submitting content, you grant Tongkam Collectibles a worldwide, royalty-free, and perpetual license to use, reproduce, and display such content in connection with the Services.

5.3 Compliance with Law: User content must comply with Thai law, including the Computer-Related Crime Act B.E. 2550 (2007).

6. Privacy

6.1 Data Protection: Your personal information will be processed in accordance with our Privacy Policy and the Personal Data Protection Act B.E. 2562 (2019).

6.2 Cookies: We use cookies to improve your user experience. By using our Services, you consent to our use of cookies as described in our Privacy Policy.

7. Limitation of Liability

7.1 Disclaimer: To the extent permitted by Thai law, Tongkam Collectibles provides the Services “as is” without any warranties of any kind.

7.2 Liability Cap: Our total liability for any claims arising from the Services shall not exceed the amount paid by you for the specific Service giving rise to the claim.

7.3 Exclusions: We are not responsible for any indirect, incidental, or consequential damages, including loss of profits or data, unless required by Thai law.

8. Termination

8.1 Termination by Us: We may suspend or terminate your access to the Services at our sole discretion, without notice, if you violate these Terms or applicable laws.

8.2 Termination by You: You may stop using the Services at any time by closing your account.

9. Governing Law and Dispute Resolution

9.1 Governing Law: These Terms are governed by the laws of the Kingdom of Thailand.

9.2 Dispute Resolution: Any disputes shall be resolved through negotiation. If unresolved, the dispute shall be submitted to the competent courts in Bangkok, Thailand.

9.3 Consumer Protection: You may have additional rights under the Consumer Protection Act, which these Terms do not limit.

10. Miscellaneous

10.1 Force Majeure: We are not liable for any delay or failure caused by events beyond our control.

10.2 Severability: If any provision is found to be invalid, the remaining provisions shall remain in full force and effect.

10.3 Entire Agreement: These Terms constitute the entire agreement between you and Tongkam Collectibles regarding the Services.

11. Contact Information

For questions or complaints, please contact us at:

Email: info@tongkam.com
Address: 222/40 Pornpraphanimit Road 17, 2nd Floor, Bang Lamung District, Chonburi 20150, Thailand
Phone: +66 (092) 826 7578

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.

This policy was last modified on 14.07.2026