Fashion Pony Limited Terms and Conditions
- We are Fashion Pony Limited (Company Registration Number 7134973) and our registered office is 176-178 Pontefract Road, Barnsley S72 8BE.
- These Terms and Conditions will apply when you access our website and use our online ordering service. They explain your rights and obligations. Please read them carefully. You may have other rights granted by law and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights that you may have, unless this is not permitted by law.
- We reserve the right to change or amend these terms and conditions at any time and without notice to you. The latest version of the Terms and Conditions will be shown online.
Making A Purchase
- To purchase from us you must be over 18 and resident in the United Kingdom.
- We are not obliged to supply the goods to you until we have confirmed to you by e-mail that we have both accepted your order and that it has been dispatched. No contract will exist between us until we have dispatched the goods.
- You shall not own the goods until we receive payment in full and cleared funds from you.
- Any vouchers purchashed through a third party will be deducted from the sum total of the items purchased. Fashion Pony Ltd is not responsible for the voucher purchased through a third party.
- Vouchers purchased through a third party are non transferrable, cannot be used in conjunction with any other offers or discounts and are redeemable for one transaction only. Fashion Pony Ltd reserves the right to refuse delivery if a voucher code is used over multiple transactions and/or in conjunction with other discounts. Items that are marked with a (**) are excluded from any third party voucher promotion and we reserve the right to refuse delivery if a voucher code is used to puchase such items.
- Prices are checked regularly and are inclusive of VAT. All goods are sold subject to availability and prices of products may change from time to time. We also reserve the right to change the price of any item on the website where that item has been priced incorrectly. If we find the price of the goods you have ordered has changed from the amount set out on the website when you placed the order with us, we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be under any obligation to supply the goods until we have confirmed that we have both accepted your order and that it has been dispatched. No contract will exist until we have confirmed this. If you confirm that you do not wish to proceed, your order will be cancelled and neither of us shall have any further liability to the other.
- We take every reasonable care to ensure that product descriptions, measurements and specifications are accurate but there may be variations between these and the goods supplied.
- To the extent permitted by law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the content of this website. We shall not be liable to you for any loss or damage which may arise from the use of any of the content of this website.
- All payments must be made at the time of placing the order by debit or credit card. We accept Visa, MasterCard, Visa Debit, Maestro, Solo, Visa and Electron. If we are unable to accept your order then we shall, at our option, either not debit your debit or credit card or if payment has been taken, refund to your debit or credit card any money paid by you in respect of that order.
- We aim to deliver goods to you within 5 to 7 working days of the order being placed, unless otherwise stated in the item description. We cannot give an exact delivery date and any delivery date given is merely an indication of the delivery timescale. We may also deliver the goods in several consignments but if we do this we will not charge you any extra for delivery. If we have not delivered the goods within 30 days of the date given in our acceptance then you may at your option cancel the contract and we will refund any money paid by you. This will be your sole remedy and we shall have no further liability to you.
- In the event that we are unable to deliver the goods to you within 30 days of the date given in our acceptance due to stock unavailability or other difficulties beyond our control we may at our option cancel the contract and we will refund any money paid by you. This will be your sole remedy and we shall have no further liability to you.
- Returns must be made within 14 days of receipt, in their original condition, with all tags attached. Your statutory rights are not affected.
- You can return your purchase through any Post Office using the Returns Note enclosed in your delivery. Returns must be made within 14 days of receipt, in their original condition, with all tags attached. Your statutory rights are not affected. A charge is made by the Post Office if you choose to use this method of return and your refund will be credited back to your debit/credit card on receipt. However, we will retain the delivery charge. It is your responsibility to obtain and retain a proof of return in case of non receipt.
- Items that have been specifically requested under our 'made to order' service, or which are made to specific measurement requested by the customer are eligible for an exchange only. Exchanges can be made for any product sold at fashionpony.co.uk up to the same value through the provision of a credit note. Your statutory rights are not affected.
- In the interests of hygiene, items with a (*) next to the product name cannot be returned, unless they are faulty.
- Your sole remedy if the goods supplied to you are defective is to receive a refund of the price of the goods and delivery charges, and we shall have no further liability to you.
- Any items returned that have been purchased through the use of a voucher provided by a third party, will eligible for a credit note only to the value of the voucher. For items purchased with a greater value than that of the voucher a refund for the monetary amount paid to Fashion Pony Ltd will be issued. This refund is subject to full priced items only, sale items or items marked with (**) are not eligible for a monetary refund and a credit note for the sum total of the items purchased will be issued.
Right to Cancel
- If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund as set out in this clause. You must inform us in writing if you wish to cancel within seven working days of the day after the goods are delivered to you. If you choose to cancel then you must return the goods to us at your cost and risk and we advise you to ensure the goods are adequately insured during the return journey. If you have not returned the goods within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can choose to collect the goods from you at your cost. Details of how to exercise this right will also be provided in the delivery note, which accompanies the goods.
- If you validly cancel any order in accordance with these terms we shall refund your payment, less any costs to collect the goods if applicable, within 30 days.
- You are responsible for maintaining the confidentiality of your account details, including passwords. We shall not be liable to you for any loss occurring as a result of failure by you to maintain the security of this information.
Damage to Computers
- We shall not be liable to you for any loss or damage which may arise to computer equipment as a result of using this website or any websites accessible through it.
- We are committed to protecting the privacy of our site visitors and customers and treat all your Personal Information as confidential, though we do reserve the right to disclose this information in specific circumstances as described in these Terms and Conditions. We confirm that any Personal Information that you provide to us is held in accordance with UK Data Protection legislation.
- Your Personal Information may be disclosed to third parties who assist us in processing your order. We require all such third parties to treat your Personal Information as confidential and to comply with all applicable UK Data Protection legislation.
- You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Collection of personal information
- We continuously monitor this website and may capture information about your visit that will help us improve our service to you. When using this Website, we will collect Personal Information from you such as your name, address, e-mail address, telephone number, payment information and a password.
- Whilst on our website, we may also collect User Information about your location (e.g. an IP address), the pages of our website that you visited and any search terms that you used. We may collect this information even if you do not register with us.
Use of personal information
- We only use your personal information for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To administer this Website;
- If you consent, to notify you of products or special offers that may be of interest to you.
- When you register or order online you will be given the opportunity to receive information from us about our products, promotions or special offers. If you do not wish to be contacted for such purposes, please ensure that you tick the appropriate box as you go through the process. You may unsubscribe from our contact list at any time by clicking on the unsubscribe button on your email. Or by changing your preferences in the “My Account” section of the website.
- You confirm that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing.
- We only use your personal information for the following purposes:
Ownership and Intellectual Property
- All rights, including copyright, in this website are owned by or licensed to Fashion Pony Limited. You may store, print and display the content provided solely for your own personal non-commercial use. You are not permitted to use any such content in whole or in part in connection with any business or commercial enterprise.
- You agree to indemnify us fully from any and all claims, liabilities, damages, costs and expenses (including legal fees) arising from your breach of these Terms and Conditions.
Limitation of Liability
- To the fullest extent permitted by law we will not be liable to you in contract, tort or otherwise for losses incurred or suffered either directly or indirectly, howsoever caused.
- Nothing in these terms and conditions shall seek to limit any rights you may have under law, or any liability on our part for death or personal injury caused by our negligence or the negligence of our employees or agents, or any liability we may have for fraudulent misrepresentation.
- Nothing contained within these terms and conditions shall affect your statutory rights.
- These terms and conditions constitute the entire agreement between the parties and supersede all previous agreements between us.
- We advise you to print a copy of these Terms and Conditions and your order for your information in the future, as we may not necessarily keep a copy of these.
- Any contract between us shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.