Terms and Conditions

Welcome to onlyapony.com website terms and conditions for use. Before proceeding with an order you need to have read and understood these Terms and Conditions.

Access

Access to and use of this website and orders placed from this website or in relation to this website are in strict accordance with the Terms and Conditions set out below. Please note the terms and conditions also include the Delivery, Returns, Privacy and Security sections.

Registration

You warrant that:

• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our employees, directors, partners and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• Amend or withdraw, temporarily or permanently, this Website (or any part of this website) with or without notice to you and you agree that we shall not be liable to you or any third party for any amendment to, or withdrawal of the Website; and/or
• Change the Conditions from time to time, and by continuing to use the website, in doing so you are agreeing to any changes made. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must stop using the Website straightaway.

Privacy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the Data Protection Act 1998. We use your information only for the following purposes:

• Processing your orders;
• For statistical or survey purposes to improve this Website and its services to you;
• To serve website content and advertisements to you;
• To administer this website;
• If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

This is in accordance with the Data Protection Act 1998 and other applicable laws.

When you create a shopping account with onlyapony.com you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line.

Your Personal Information may be disclosed to reputable third parties who will help process your order. Onlyapony.com requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will only release your Personal Information for marketing purposes with your consent.

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.

When entering any of our competitions or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.

We use Cookies to keep track of your current shopping session if you do not accept Cookies you will be unable to make full use of this website.

Ordering Goods

All orders placed through our website will be subject to our acceptance of the order.

• When you submit an order to us on our website you will receive a confirmation email providing details of your order;
• This email confirms the receipt of your order by us for processing and does not constitute acceptance of the order;
• As your product is despatched from our warehouse we will send you a despatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept the order or you have cancelled the order in accordance with the instructions in the Returns section.
• Title to the goods will pass to you on delivery to you provided payment has been made in full.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock;
• Our inability to obtain authorisation for your payment;
• The identification of a pricing or product description error;
• You not meeting the eligibility to order criteria set out in these Terms & Conditions.

Where you have redeemed a promotional code or any other offer against your order, acceptance of this order is subject to our verifying that the code has been issued to you personally, that you comply with all the terms of the offer and qualify for the code. In the event that the code has not been issued to you for your personal use or you do not comply with or qualify for the offer, we shall have the right to reclaim the value of any discount from you and the price of the order will be adjusted notwithstanding the provisions of the clause immediately above.

Should you wish to cancel your order or return any goods, please follow the delivery note instructions on how to return your items.

Processing orders and payments

Whilst we will take all reasonable care to ensure that our website is kept up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.

All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.

Voucher/Promotional Codes & Cashback Accounts

Unless otherwise stated on the voucher/promotional code, each code must be used in a solitary manner, that is to say only one code may be used per transaction and can be redeemed only once per transaction. Vouchers are only valid for a limited time and must be used before the end date of the promotion to be valid.

Cashback account balances must be used within 12 months of the last purchase. Cashback is given on the entirity of the shopping basket before vouchers are subtracted. Should a purchase contain a promotional line that has a higher cashback percentage, the standard 2.5% will be calculated on the remaining basket contents with just the promotional lines subject to the increased cashback percentage. Monies in cashback accounts cannot be withdrawn and can only be used on onlyapony.com.

 

Delivery

Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order.

Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

All items are subject to stock availability.

When we deliver your items you may be asked to sign for the goods to acknowledge that you have received them.

Returns Policy Terms and Conditions

Goods must be returned within 28 days of the date of despatch and in their original condition and packaging to qualify for a replacement or refund. For further information on returns please see the Returns section.

All returned items are inspected before a refund is made.

• Items carrying security tags and devices will not be accepted / refunded under the terms of our returns policy if these have been removed or tampered with.
• All promotional offers must be returned in their entirety. Failure to do this may result in a charge up to the value of the goods retained.
• If you return an item to us outside the terms of our returns policy and your statutory rights do not apply, we will not refund you. The item will be returned back to you at your expense. You will be notified of this and other associated charges. If you send the item back to us again, or refuse to accept delivery, this will be deemed to be an irreversible instruction for us to dispose of your goods without further notice.
• If an item is faulty please contact us and we will arrange an appropriate remedy.
• Your statutory rights are not affected.

Your Statutory Rights

In respect of most items, the law gives you 7 working days to change your mind and cancel the order.

If you decide to cancel, you need to:

• Inform us in writing before or within 7 working days after the day on which you receive the goods.
• Take reasonable care of the goods and return them to us.
• Pay for the cost of returning goods. However, we will offset this against the refund of any original delivery charges.

We will not consider that you have taken reasonable care of the goods if they are not in a condition in which they can easily be made ready for re-sale, for example but not exhaustively;

• in the case of goods where issues of hygiene are important;
• the goods have been removed from the protective packaging;
• the original packaging has been disposed of or unnecessarily damaged; or
• the goods have been used.

Where an item has a fault that was present when it was delivered, or a fault that appeared soon after purchase, you may have the right to return the item for a full refund or the right to a repair or replacement (or a full or partial refund where repair or replacement is not available). These rights do not apply in respect of;

• fair wear and tear;
• misuse;
• accidental damage; or
• where you decide you no longer want the item.

General

Intellectual property and right to use

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.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

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 out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These terms and conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

onlyapony.com is registered in England and Wales. The registered company address of onlyapony.com Ltd is:
41 South Molton Street, London W1K 5RP. Company registration number: 04075566.