The Fine Print
1. GENERAL
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
References to "we", "us" or "our" throughout www.deadlyponies.com ("the Website") are to Deadly Ponies (2010) Ltd. The use of the Website and the purchase of any products ("Products") from the Website is governed by these terms and conditions ("Conditions"). We reserve the right to modify these terms and conditions from time to time without notice to you.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. Every effort has been made to ensure that all pricing is correct on this website, Deadly Ponies accepts no liability for any errors and reserves the right to correct these after a purchase has been made.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for: 1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 2. any loss of goodwill or reputation; or 3. any loss which was not brought to the attention of Deadly Ponies at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Deadly Ponies; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
2. CONDITIONS OF SALE
At the end of the ordering process, you will be requested to click on “Purchase” to confirm your purchase. Once your order has been confirmed, it will be sent to Deadly Ponies for processing. Your order cannot be modified or cancelled except in accordance with the Terms and Conditions of Sale or with the provisions set out by New Zealand law. Confirmation of your order implies your acceptance of the whole Terms and Conditions of Sale. You will be sent an email with the details of your order.
Any data registered by the www.deadlyponies.com website will serve as proof of the transactions carried out between DEADLY PONIES and its customers.
In the event of a dispute between DEADLY PONIES and one of its customers about a transaction carried out on the www.deadlyponies.com website, the data registered by DEADLY PONIES will be considered as irrefutable proof of the transaction contained therein. On the effective date of delivery, the risks (in particular loss, theft or damage) relating to the Products Delivered will be passed on to you.
The sale of any product through Deadly Ponies’Official online store is subject to these Terms and Conditions of Sale.
Orders to acquire DEADLY PONIES products can only be made by natural persons and companies with no intention of resale. Any resale or distribution of DEADLY PONIES products purchased from the www.deadlyponies.com website is strictly forbidden.
Any items purchased as part of a DEADLY PONIES promotion or sale period are final sales with no returns.
DEADLY PONIES may update these Terms and Conditions of Sale at any time. You may consult the most up-to-date version of the General Conditions of Sale at any time by clicking on the Customer Care link. To place an order through DEADLY PONIES’ online store you must accept the Terms and Conditions of Sale in force at the time of placing the order.
3. SELECT YOUR COUNTRY
To ensure that the correct currency, payment methods and shipping conditions for your area are displayed, please select your country from the drop-down menu on the bottom menu bar of the www.deadlyponies.com webpage. Items may not be purchased online in the New Zealand drop down and delivered internationally. If international delivery is required please select the correct region at the bottom of our site which will direct you to paying in the correct currency.
4. STOCK AVAILABILITY
The products shown on the www.deadlyponies.com website are subject to availability at the time of placing an order. You will be informed of the product’s availability when placing an order. If a product you have ordered is unavailable, you will be informed as soon as possible by our Customer Service Team. In that case you will be able to change your order and replace it with another product available from the online store, or cancel it.
If you decide to cancel your order, you will be refunded the amount paid in the same payment method used to place your order.
Deadly Ponies shall not be liable for the unavailability of products. Deadly Ponies reserves the right to change the articles presented on the www.deadlyponies.com web page at any time and without prior notice.
5. YOUR SECURITY
Deadly Ponies insures each purchase during the time it is in transit until it is delivered to you. All orders require signature upon delivery, at which point responsibility for the shipment passes to you. If you have specified a recipient other than yourself for delivery purposes, you also accept that a signature by the third party is sufficient evidence of delivery and fulfilment by Deadly Ponies. Transfer of responsibility will therefore be passed to the recipient. We accept Visa, MasterCard, American Express and Afterpay. The name that will appear on your statement will be Deadly Ponies (2010) Ltd. Deadly Ponies (2010) Ltd is both a New Zealand and Australian registered company.
6. PRICING
The price displayed for products on deadlyponies.com represents the full retail price except where noted otherwise (e.g. sale pricing). Despite our best efforts, there can be incidents of mis-pricing. If an item has been incorrectly priced at lower than its correct price, we will contact you for instructions before shipping or cancel your order and notify you as a result. Deadly Ponies reserve to right to update pricing without notice.
Deadly Ponies maintains set pricing for Australasia, whereby an item that is $199 NZD will also be $199 AUD. This set pricing will be shown to customers shopping within our Australasian market. Pricing in all other regions is as per the current exchange rate.
