Terms & Conditions
ctThe Legal Stuff
Thanks for visiting The Cotton Pony.
Please read the terms and conditions carefully. By usingwww.thecottonpony.co.nz you are agreeing to the terms and conditions laid out
below. Our legal business name is THE COTTON PONY LIMITED. We are a New Zealand
owned business and our place of business is Porangahau, Hawkes Bay, New
Zealand.
Purchases and deliveries
We aim to deliver within the allotted times however do not
guarantee delivery on time. We are not liable for any mis-deliveries due to
incorrect addresses being provided. We reserve the right to accept or refuse
orders for any reason.
We can't absolutely guarantee supply of all products listed
due to possible factors out of our control. However we do guarantee an
equivalent replacement item to the same value should we not be able to source
something from the online list.
Failure to pay for products does not necesarily mean your
delivery will be cancelled. You must cancel your delivery and not rely on
non-payment as a form of cancellation.
"We do not have
to provide a refund if you have changed your mind about a particular purchase,
so please choose carefully. If the goods are faulty, we will meet our
obligations under the Consumer Guarantees Act to provide a remedy."
Credit Card payments
Payments are processed through the secure DPS Payment Express
system. Any credit card details stored for recurring payments are done so on
the DPS system. No credit card information is stored by us and we are PCI
compliant. Payments must be received prior to orders being shipped. The name
that will appear on your statement will be THE COTTON PONY LTD.
Automatic payments
Automatic payments must be provided with a notable reference
number. We take no responsibility for automatic payments made that cannot be
traced to a customer. Automatic payments must be received prior to the products
being sent out.
Cancellation policy
If you change your mind about your purchases you can amend
your order by sending us an email detailing the changes. You can skip a month
or you can cancel your delivery or change what is being delivered to you by
sending us an email requesting to do so.
Refunds
If you are unhappy with any of our products please notify us
within 1 day of delivery, so we can come to the best resolution for you. If the
issue cannot be resolved and we can't deliver a replacement item we will credit
or refund the payment for the unsatisfactory item(s).
The last legal bits, nearly there.
Disclaimers
We try to guarantee the accuracy of all information in this
website however this website is provided on an "as is" and "as
available" basis without any endorsement or representation made and we
make no warrantees of any kind in relation to the THE COTTON PONY LIMITED
website. We make no warranty that the THE COTTON PONY LIMITED site will operate
on your computer free from errors with no loss of information when transmitting
data through the THE COTTON PONY LIMITED website or server. All information on
this site can be changed at any time without notification. THE COTTON PONY
LIMITED offer no warranty that the use of this site will not result in the
"infection" of computers with internet based contamination such as,
but not restricted to viruses or "Trojan Worms". THE COTTON PONY
LIMITED reserves the right at any time, without notice to modify, suspend or
terminate operation of this site, block users from accessing the site or to
interrupt the operation of the site.
Limitation of Liability
Except where prohibited by law THE COTTON PONY LIMITED will
not be liable for any indirect, consequential, exemplary, incidental or
punitive damages.
To the greatest extent permissible by law, we exclude all
liability we may have to you for any claim except where we have acted in bad
faith. This exclusion also applies for the benefit of every officer, employee,
contractor, agent of us and anyone else we use to perform our duties or provide
services under any agreement you have with us. None of the persons specified
above is liable or has to pay you for anything else in connection with or
resulting from anything any of us does or does not do, or delays in doing,
whether or not it is contemplated or authorised by any agreement you have with
us. This exclusion applies whatever you are claiming for and in whatever way
liability might arise. This exclusion does not limit any inalienable rights you
may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the
value of any faulty products or services supplied by us and we, our employees,
contractors and agents, will not be liable to you for loss or damage of any
kind however that loss or damage is caused or arises.
Personal and password details
You are entirely responsible for maintaining the
confidentiality of your personal details at all times, including credit card
and any personal account details. You agree to notify THE COTTON PONY LIMITED
immediately of any discretion or unauthorized use of your personal details.
You assume total
responsibility for the use of this site.
Delivery and delivery charges
Prices for goods and services stated on our website are
exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of
delivery is as stated on our website and a total delivery cost will be provided
in the order summary we in your online shopping basket.
We will use all reasonable endeavors to ensure that orders
for tangible goods will be dispatched promptly after an order has been placed.
The Cotton Pony will deliver your items to your postal
address stated on the form filled in by the customer, and will be delivered by
post to the customer 5 days before their next period is due, which is
calculated by the information given to The Cotton Pony when the customer fills
in the details form.
Pricing
All prices are in New Zealand Dollars and are inclusive of
any Goods and Services Tax ("GST") unless stated to be otherwise but
are exclusive of delivery charges. All prices are correct when published. We
reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you
supply when you place your order. You are responsible for ensuring that your
contact details are correct.
Payment options
We accept the following credit cards:
Visa & MasterCard
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains
all the terms of our relationship and continues to apply no matter where you
are located at the time any goods or services are provided to you by us and
irrespective of the location where you reside.
Use of our website, supply of products or services by us to
you and any other matter arising from these Terms and Conditions are subject to
the laws of New Zealand. The Courts of New Zealand shall have non-exclusive
jurisdiction over all claims or disputes arising in relation to, out of or in
connection with these terms of trade, or with the use of website or supply of
any services.
Privacy Policy and Confidentiality
If you have opted to receive ongoing communications and at a
later date you no longer wish to receive these communications you will be able
to opt out of receiving this information by contacting us by email or by
following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not
prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to
provide products and services to you and to administer orders and payments
relating to your purchases from us.
You will need to permit us to place data files
("cookies") on your computer to enable you to use some features of
some of our websites. Where you choose not to enable cookies from our Website,
some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential
basis, we will hold that information in confidence, except as required by law.
We cannot guarantee that our website is secure, and we cannot be held
responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we
hold, and ask us to correct it, at any time.
General Conditions
We reserve the right to change these terms and conditions
from time to time by notice, which may be in the form of a notice posted on our
website atwww.thecottonpony.co.nz.
If we fail to enforce any terms or to exercise our rights
under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be
invalid or unenforceable for any reason, the remaining provisions shall remain
in full force and effect and the parties shall adjust their respective rights
and obligations in accordance with the spirit and intent of the parties as shown
by these terms and conditions.
Unless any provision in this agreement expressly provides
otherwise, these terms and conditions are not intended to confer a benefit on
any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email
address that you have notified to us.
s or services. If for any reason a Product is not available, we will endeavour to notify the non-availability