Terms & Conditions
The Legal StuffThanks for visiting The Cotton Pony.
Please read the terms and conditions carefully. By using www.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 at www.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.