FREQUENTLY ASKED QUESTIONS
Terms & Conditions
1. General
- These trading terms apply to all purchases via our Website of Products by you from the Showpony entity that will fulfil your order (“Showpony”, “we” or “us” or “our”). Contact details for Showpony are set out in the “Contact Us” section of our Website. Please read them carefully. Your use of our Website, and/or ordering Products from us via the Website, indicates your acceptance of these terms. These terms supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We expressly reject any terms you propose that vary or add to our trading terms. If you are an authorised salon or other authorised wholesale account, then any Showpony trading terms that apply to you prevail over any inconsistent terms herein.
- We reserve the right to make changes to our Website at any time.
- These trading terms apply notwithstanding any forbearance or failure by us to enforce any of the terms, any course of conduct by you and us, or despite any industry practice to the contrary.
- You warrant that, in purchasing Products from the Website, that you are an adult, of sound mind and otherwise legally capable of entering a binding contract with us, you are the properly authorised user of the credit or debit card or payment account used to pay for your order and are resident in a country that we are permitted to deliver to.
2. Orders
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- You can place an order for Products by following and completing all necessary information via our Website.
- We can accept orders in our discretion, and subject to receipt of payment and availability of stock. We will confirm orders we accept by sending you an order confirmation, in which we will specify the intended delivery date. However, even if you receive an electronic or other form of order confirmation this does not signify legal acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
- You are bound to purchase the Products upon completing the purchase process via our Website.
- If we cancel an order, then we will make all reasonable attempts to contact you using the details you provided to us. We will refund to you all monies you paid to us, using the same method for repayment as you used in paying us.
- If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we may refuse or cancel any orders placed for Products listed at the incorrect price (whether or not the order has been confirmed or your credit card charged, or other payment method processed).
- From time to time, Showpony runs online exclusive offers. To redeem an online-only offer the order must be placed and paid for via our Website. Orders placed via email or phone will not be eligible for the discount. The discount code must be applied at checkout to redeem the offer. It is the customer’s responsibility to ensure that the discount code is entered at the time of placing an order. The code cannot be applied after you have submitted your order. Discounts cannot be used in conjunction with any other offer. Certain offers are subject to additional terms – refer to the current offer to view specific terms such as exclusions, valid products, and available timeframes.
3. Price
- Prices are subject to change without notice.
- The price for the Products is the price displayed on the Website at the time you complete the purchasing process (providing there is stock of all Products ordered at that time).
- You must pay for the Products at the time of completing the purchase via the Website. You warrant that, concerning the payment method selected by you, you are the person whose account or card is nominated and that there are sufficient funds to pay for your purchases. If this is not the case, we are entitled not to fulfil your purchase request.
- At the time of completing your purchase on the Website, it will indicate the additional cost (if any) of freight, which you also agree to pay.
- You must pay all Tax arising from the supply of the Products to you.
- You must pay us in the currency indicated on the Website.
- If your credit card is denominated in a different currency, then an overseas transaction fee may apply, and your financial institution will apply an exchange rate at the time your credit card is charged.
- All orders are subject to pre-authorisation checks to ensure sufficient funds are available and to confirm the validity of the payment method. The total amount of the order will be frozen on your account and this amount is taken when the order is accepted, or the Products despatched. Authorisations will appear as pending charges on your card, but you will only be charged once for a single order. Orders cancelled before shipment will still have this authorisation held.
- Some orders may be subject to small charge verification before they are approved for shipment. In these circumstances, a small amount between $0 and $1 will be held on your credit card and you will be asked to confirm this amount to validate your payment. This is not a charge, but an authorisation which will be released back to you.
4. Delivery
- We will arrange delivery of the Products to you, at the address nominated by you when completing your purchase via the Website.
- Unless provided for otherwise in the order confirmation, Products ordered by you will be delivered to the place nominated by you and acceptable to us from time to time.
- We make all statements or forecasts of delivery times in good faith, but these are estimates only. We aim to dispatch your order by the next business day after receiving your order.
- Customers who choose express shipping (no signature) give authority for their order to be left unattended at their delivery address. We will only replace orders using this shipping method if it is established that the order was lost in transit by our courier company.
- Certain factors such as order size, weight and shipping address may require us to ship via a method other than the method selected by you when you purchased the Products. We reserve the right to change your shipping method in these cases and will provide tracking details for the new carrier when this is available.
- You must notify us within 30 days after delivery of any quality issues with the Products delivered or missing Products compared with the Products ordered. We will investigate your claim within a reasonable time. If we are satisfied that there was a shortage or quality issue, then we will make it up (and this is the maximum extent of our potential liability).
- We are not liable to you for any loss or damage arising directly or indirectly from any delay in delivery of, or failure to deliver, the Products. If we are not able to deliver the Products to you, then we will notify you.
- If the Website includes a special instructions box on the delivery page of the checkout then this is used for any instructions to help the courier make delivery of your order (e.g., “Last house at end of driveway”, “Office hours 9-5”). Drivers are unable to grant specific requests such as “Deliver between 3-4pm” or “Leave parcel under caravan in carport”. We are not responsible if your instructions are not followed.
- We reserve the right to dispatch your order in one delivery or by instalments. If we fail to deliver any instalment this does not entitle you to cancel or repudiate any remaining instalments.
- The shipping address for your order is shown in the checkout and on your order confirmation. If an incorrect address was entered, address changes can only be made until the order commences being processed. We cannot accommodate all address change requests.
- We take no responsibility for orders shipped to an incorrect or invalid address and are not liable for any associated loss.
5. Title & risk
- Until you have paid to us the price for the Products ordered by you:
- We are and remain the legal and equitable owner of the Products;
- You hold the Products as a fiduciary bailee for us and you must store the Products safely; and
- You grant to us, our employees, and authorised representatives an irrevocable licence to enter your premises (or any other premises either under your control or where the Products are stored on behalf of you) at any time, if you default in paying for those Products, to use reasonable force to take possession of the Products without liability for trespass, negligence, payment of any compensation to you, another person or otherwise. Any exercise of this right is without prejudice to any other rights we may have against you, including the right at all times to make a claim against you for the invoiced price of the Products, when due and payable.
- Notwithstanding the operation of this clause, risk in the Products (including responsibility for insurance) passes to you upon the bag or parcel containing your Products being collected by the nominated courier company (who is your agent for delivery).
6. International orders – customs duty and tax
- Some orders may incur customs or import duty or other tax. We do not have any control over these charges and are unable to advise what they will be, as it is based on your own country’s tax regime. For further information, please contact your local customs office.
- All customs, local tax or other charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and we are not responsible for, and will not pay, these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and we are not responsible for any loss you suffer as a result and are not responsible for paying you a refund. We cannot mark International orders as a gift in order to bypass or reduce any custom fees. This is an illegal practice, and we will not do this.
7. Guarantee
- We guarantee that the Products are of merchantable quality.
- The guarantee does not apply if the Products are damaged because you did not follow the instructions set out in the “Hair Care Information” link under the FAQs section of the Website or damaged as a result of normal wear and tear, bleaching, colouring or unreasonable use or neglect.
- If you believe the Products are faulty, please notify Showpony within 30 days of receipt of the Products. Claims made later than this will be reviewed by Showpony in its discretion.
- If you did not buy the Products directly from Showpony, but rather from a salon or elsewhere, then you must return the Products to the salon or place you purchased it.
- The guarantee in clause 1 operates for the period (if any) specified for any particular Product in the swing tags or other written materials that accompany them or, if not specified, for the period allowed in the law where the Products were delivered.
- If any particular Product does not conform to the guarantee in clause 1 then:
- at our request, you must send that Product to us (at your cost); and
- if we agree that the Product do not conform to our warranty, we will (at our option) repair or replace that Product and return it to you (at our cost) or provide you with a refund. If local law provides that you can select one of a repair, replacement, or refund, then please indicate your requested outcome and we will comply with that.