1.1. In this document the following words shall have the following meanings:
1.1.1. "Buyer" means the organisation or person who buys the Goods.
1.1.2. "Seller" means Ponies on Point, ABN 38 176 608 713.
1.1.3. "User" means the organisation or person accessing the Site for browsing, reviewing and/or purchasing.
1.1.4. "Parties" means a combination of the Seller and User or Buyer.
1.1.5. "Goods" means the articles to be supplied to the Buyer by the Seller.
1.1.6. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable.
1.1.7. "Site" means the website, www.poniesonpoint.com.au, commissioned by Ponies On Point for the purpose of sale of Goods and display of information.
2.1. These Terms and Conditions shall apply to the sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2. Any variation to these Terms and Conditions, including any special terms and conditions agreed between the parties, shall be inapplicable unless agreed in writing by the Seller.
2.3. The Seller may amend or vary the Terms and Conditions at any time without notice to the User or Buyer.
2.4. The use of the Site by the User in any way including but not limited to the following, indicates an acceptance by the User of the Terms and Conditions:
2.4.1. Browsing the Site contents.
2.4.2. Registering personal or business details with the Site.
2.4.3. Submitting a purchase order via the Site.
2.4.4. Select items to be included in a shopping cart on the Site.
2.5. Any icons, logos and pictures used on the Site remain the express ownership of the primary party. You may not copy, reproduce, upload, post, distribute, republish, retransmit or modify in any way any of the material on this site, including computer code and software. Requests to reproduce any material from this Site should be made via the "Contact Us" page of the site.
2.6. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to Goods descriptions, pricing, promotions, offers, shipping charges, transit times and availability. The Seller reserves 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 the Buyer has submitted an order.
3. Limitation of Liability and Indemnity
3.1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price including any losses or damage caused by the site, any website linked to the Site or any item or goods supplied by the Seller via the Site.
3.2. The seller is not liable or responsible for any content arising out of the Site or any content linked to the Site other than the Site itself.
3.3. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
3.4. The Seller will make all reasonable attempts to resolve any issues with any refund due to a Buyer via the contact details provided by the Buyer on the Site but will not be liable for any failure to contact the Buyer as a result of such details being inadequate or inacurrate.
3.5. The Buyer agrees to fully indemnify the Seller from any loss, claim, cost, demand, damage of otherwise (including solicitor client costs) incurred by the Buyer in relation to the Site, any website linked to the Site, any use of this Site or any Goods supplied by the Seller via the Site or otherwise in connection with these Terms and Conditions.
4.1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract until confirmed by the Seller.
5.1. Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
6. Pricing and Payment
6.1. All prices listed are in Australian Dollars (AUD).
6.2. The price shall be the Recommended Retail Price (RRP) less any agreed discount, unless otherwise agreed in writing between the parties. The price is inclusive of GST (Government Sales Tax).
6.3. The Seller reserves the right to charge:
6.3.1. A 1.9% fee for all Paypal purchases as sustained by the Seller.
6.3.2. A 2.6% fee for all Credit Card purchases as sustained by the Seller.
6.4. Credit terms will not be offered on any goods.
7. Shipping and Delivery
7.1. Shipping and Delivery times provided by the Seller are estimates and are subject to change without notice to the Buyer. The Seller aims for a two to three (2-3) week delivery for Australian orders and four to six (4-6) weeks for international orders from the date of order placement.
7.2. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.3. If the Seller is unable to deliver the Goods because of actions or circumstances out of the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
7.4. The seller will not be liable for any delay, loss or damage connected with the delivery of items or goods.
7.5. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within seven (7) days of receipt to enable replacement, refund or return.
7.6. The seller will notify the Buyer of any delays in the processing of orders due to Goods being out of stock or Goods being discontinued by the Sellers suppliers.
7.7. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to natural weather events, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply. The Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
7.8. Australian Orders
7.8.1. The Seller will allows source a delivery charge that is the best possible cost available. This may result in the change of deliverers depending on the location of the Buyer. The seller currently uses Australia Post for all deliveries but reserves the right to change as required.
7.8.2. Delivery throughout Australia is a "Flat Rate" of $20.00.
7.9. International Orders
7.9.1. The Seller will allows source a delivery charge that is the best possible cost available. This may result in the change of deliverers depending on the location of the Buyer.
7.9.2. The Buyer is responsible for payment of all customs charges connected with any international delivery of items or goods.
7.9.3. Any customs forms will be completed by the Seller and items will be marked as "Merchandise".
7.9.4. The Seller is not the Buyers local customs office and cannot advise on any possible issues or unforeseeable costs associated with the delivery of any particular items or goods.
8. Acceptance of Goods
8.1. The Buyer is responsible for inspecting the Goods purchased and notifying the Seller via email within five (5) calendar days of receiving the Goods if there is a fault with the Goods, which includes any colour mismatches.
8.2. Risk in the Goods shall pass to the Buyer upon receipt of the Goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
8.3. Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
8.4. Where Goods have been posted/shipped Title will pass to the Buyer when the postage/shipping contractor has stated that the Goods have been delivered. The Seller will take all reasonable precautions to ensure Goods are posted/shipped as per the Buyers request.
9.1. The Seller will only accommodate cancellations of orders if notified prior to orders being processed and Goods being dispatched to the Buyer. The Seller may charge a cancellation fee for any cancelled orders.
10. Refunds and Returns
10.1. All Goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required by the Buyer, unless otherwise agreed, in which case the following terms apply:
10.1.1. Any returns must be authorised by a representative of the Seller before any credit will be given.
10.1.2. Where the Seller agrees to accept the return of Goods that are not damaged, the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The seller reserves the right to deduct any shipping charges incurred by it from any moneys refunded to the Buyer.
10.1.3. The Seller will not be obliged to accept any Goods that are damaged in any way.
10.1.4. The Seller will only accept returns that appear in the Sellers current Publication List.
10.1.5. Credit of amounts due or paid will only be given for Goods that are in saleable condition.
10.2. The hygiene specifications of "Hair" related Goods means the Seller is unable to provide a refund or restock "Hairpieces" if they have been worn. It is imperative that the Buyer is confident on length and colour matching at time of purchase and the Seller has gained the positive acceptance of such.
10.3. The Buyer must provide the Seller with a written note of why an item is being returned or refunded along with the item so that the refund or return may be processed as quickly as possible.
10.4. The Seller does not manufacturer all components of Goods offered. Any warranties offered in connection with any item marketed via the Site which is not offered in these Terms and Conditions or otherwise offered expressly by the Seller, is not a warranty offered by the Seller and it is the Buyers responsibility to pursue its rights under any such warranties directly with the manufacturer of the item.
11.1. The Seller may from time to time offer sales promotions on the Site which may include discounts, specials and codes.
11.2. Promotions cannot be applied to orders which have already been placed by the Buyer and are valid for the time specified for the Promotion on the Site.
11.3. Buyers cannot combine or otherwise attempt to rely on more than one Promotion for any one order unless specifically stated by the Seller.
11.4. If Goods are purchased pursuant to a Promotion and subsequently returned or exchanged the Buyer will only be granted a credit or refund to the value of the discounted item not the full retail value of the item.
11.5. The Seller may terminate, vary or amend a Promotion at its absolute discretion without notice to the Buyer.
12. Gift Certificates
12.1. Gift certificates or cards issued by the Seller will be subject to these Terms and Conditions and any Terms and Conditions printed on the gift certificate or card.
12.2. Gift certificates or cards may not be used in conjunction with any other Promotions.
13. Privacy (including User Comments, Feedback and Other Submissions)
13.1. By registering information on the Site the User is granting the Seller the right to add contact information to its database and mailing list. The Seller may contact the User and/or Buyer from time to time about promotional offers.
13.2. The User or Buyer may remove contact details from the Sellers database by contacting the Seller via the "Contact Us" page of this Site and requesting that details be removed from such a database.
13.3. The Seller will not disclose any information about any User or Buyer without consent except to the extent required for the Seller to comply with all necessary laws and regulations or otherwise ensure that orders or payments are properly processed.
13.4. Whilst the Seller utilises all means possible to protect Users and Buyers information it is not responsible or liable for any loss of information or loss arising out of such information as a result of any security breach of the Site or other error or problem.
14. Intellectual Property (IP)
14.1. All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the User and/or Buyer shall do all that is reasonably necessary to ensure that such rights vested in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
15. Relationship of Parties
15.1. Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
16. Assignment and Sub-Contracting
16.1. The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
17. Governing Law and Jurisdiction
17.1. This Agreement shall be governed by and construed in accordance with the laws of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.