SHOWPONY INTERNET TRADING TERMS

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
   
   • 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:

(a) We are and remain the legal and equitable owner of the Products;

(b) You hold the Products as a fiduciary bailee for us and you must store the Products safely; and

(c) 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).

1. 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.
2. 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:

(a) at our request, you must send that Product to us (at your cost); and

(b) 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.

• To the maximum extent permitted by law:

(a) us repairing, replacing, or providing a refund for the Products pursuant to clause 7.6(b) is the limit of our liability to you; and

(b) we are not liable to you or any other person, whether in contract, tort or otherwise, for more than the price paid by you for the Products.

• This warranty does not apply, and we are not obliged to repair, replace, or provide a refund for any Products if:
  • the Products were damaged after you took possession of them (such as a result of normal wear and tear, misuse, bleaching, colouring or unreasonable use or neglect) for a reason not related to a defect, or if the Products are lost, destroyed, or disposed of;
  • 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
  • you or another person undertakes any unauthorised repairs or alterations to the Products.
• To the maximum extent permitted by law, we are not liable in any circumstances for:

(a) any injury, damage or loss, including consequential damage or loss (including without limitation loss of market, loss of profit or loss of contracts) whether arising directly or indirectly, whether arising in contract, tort, in equity or on some other basis, to people or property arising out of us supplying the Products to you (or you supplying the Products to another person including another consumer who uses them) including because of any latent or other defects therein, or your use of the Website; or

(b) any loss of or damage to the Products or caused by the Products whilst in transit.

• Showpony is not liable or responsible for any failure to perform, or delayed performance of, any of our obligations that is caused by an Outside Event. If an Outside Event takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Outside Event. Where the Outside Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Outside Event is over. You may cancel an order for Products affected by an Outside Event if there is a risk of substantial delay. To cancel an order for Products under this clause please contact our team on using the contact details on the Website.

1. RETURNS
   
   • We allow returns of:
     • Products that do not conform to the guarantee in clause 1; or
     • If you change your mind, but due to health regulations for hair extension products, only if they are in their original unopened packaging.
   • Returns of Products (unless faulty) must be made within the timeframe listed on, and following the procedure set out in, the returns page of our Website.
   • At your request we may, consistently with the returns policy published on the Website, in our discretion, allow you to return any Products. You must not return any Products to us until we have issued you an authorised return number for those Products.  You must deliver to us at your cost Products returned for credit in their original packaging, unsoiled, undamaged and accompanied by notice setting out the return authorisation number, the original invoice number, the date of purchase and the reason for return.
   • Returns of Products (unless faulty) must be in as new condition, in their original packaging and with tags attached.
   • Any Products (unless faulty) returned outside of the returns period or items returned damaged or soiled remain purchased by you and it is your responsibility to retrieve them. We will not pay to return these items to you and will not refund to you their purchase price.
2. NO RESALE
   • We are a reseller to end user customers and do not accept orders from the consumer section of our Website from dealers, exporters, wholesalers, or other customers who intend to resell the Products.
   • Unless you are an authorised salon or other person with a trading account with us, you warrant that you are an end consumer of the Products and you must not resell the Products, via the internet or otherwise.
3. INTELLECTUAL PROPERTY
   • You acknowledge that all intellectual property in the Products, their associated trademarks and marketing and advertising material, including all material (including photographs) on the Website are our sole property.
   • You must not advertise or use our name, trademarks, or other intellectual property in any manner without our prior written consent and must immediately ceasing using them at our request.
   • Our descriptions and pictures of our Products displayed on our Website are solely for illustrative purposes. The Products delivered to you may vary slightly from our descriptions or images. We make every effort to display and describe the colours and other features of the products accurately. We cannot guarantee that your computer or mobile screen or printed images we create completely reflect the colour of the Product that you will receive.
4. WEBSITE
   • The Website is owned and operated by us. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are our sole property.
   • All software used on the site is our sole property or those supplying the software.
   • You may use the content of the Website only for the purpose of shopping on this Website or placing an order on this site and for no other purpose.
   • No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved.  Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
   • The Website may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such other site.
5. PRIVACY AND PERSONAL INFORMATION
   • We, in operating the Website, abide by, to the extent applicable, the applicable privacy laws.
   • Please see our separate Privacy Policy on the Website which explains how we collect and use your personal information and your rights.
   • Contact: Privacy Officer as set out in the privacy policy.
6.  MISCELLANEOUS
   • The laws of Queensland, without reference to “choice of law” principles, govern these trading terms. You and we submit to the non-exclusive jurisdiction of the courts of that place.
   • Other than clause 3, time is not of the essence under these trading terms.
   • A reference to “includes”, “including”, “in particular” or “such as” are to be read as if followed by the words “without limitation”.
   • All rights and powers enjoyed by us and any discretion, consent, or decision to be made by us pursuant to these trading terms may be exercised by us in our absolute discretion and may be given or withheld subject to conditions. All approvals by us are only effective and binding when given in writing by an authorised officer.
   • If any provision or part of any provision of these terms is unenforceable (including any of the sub-clauses in clause 5) then it will be severed from the rest and such unenforceability does not affect any other part of such provision or any other provision of these terms.
   • Any delay by us in enforcing our rights under these terms are not taken to be a waiver of our rights. Any waiver by us of rights against you may only be made expressly in writing and signed by an authorised officer of Showpony.
   • In these trading terms, the following terms apply:

Outside Events mean events beyond Showpony’s reasonable control, including acts or omissions of suppliers, courier companies, other people or acts of God, including pandemics and governmental responses to them.

Products mean any product delivered by us to you pursuant to these terms;

Tax means any consumption or sales or like tax imposed by any government or government agency, whether at the point of sale or the point of delivery or at some other occurrence, by whatever name, which operates during the time we supply you with Products and includes a goods and services tax, sales tax, an indirect tax, and value added tax; and

Website means our website from which you ordered the Goods, or other form of electronic or social media, that permits consumers to buy Products for subsequent delivery by us (or click and collect).