Terms of service
Liability
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on circuspony.net is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken great care to provide accurate product images for each product for sale on the site. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, will affect the colours you actually see on the screen. We are not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture or detail of merchandise will be accurate. If you are not satisfied with your purchase for any reason, you may simply return the product following the provisions set out in these Conditions.
The products sold on circuspony.net are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from circuspony.net.
We have taken great care to prevent internet fraud and to ensure that any data collected from you is stored securely and safely. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
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 are free of viruses or other harmful material or represents the full functionality, accuracy, or 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. If your use of the website or the site's material results in any costs or expenses, including without limitation, the need for services or replacement of equipment or data, we shall not be liable for those costs or expenses.
This website and its material are provided on as "as is" basis without warranties of any kind. To the fullest extent provided by law, we disclaim warranties, whether express or implied, including those of merchantability, non-infringement of third parties' rights, and of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the site's material, services, software, test, graphics and links. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an order or return or exchange a product as provided herein.
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.
Submissions
We try to respond promptly to email messages from customers and visitors to our site.
However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.
You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party's permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party's intellectual property rights without that party's permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.
Site Contents Ownership
This site is expressly owned and operated by Circus Pony and its owners. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by Circus Pony and its owners. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
Third Party Information
We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Circus Pony products are those stated on the Circus Pony material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.
Termination
These Conditions are effective unless and until terminated by either party. If, in our sole discretion, we determine that you have failed to abide by any of these Condition, we may terminate your access to our website, upon which termination, you must destroy all materials downloaded or obtained from the site and copies of those materials, whether made under the terms of these Conditions or otherwise.
Waiver
No waiver by us of any of these Conditions on any single or multiple occasion(s) shall be construed as a waiver of any preceding or subsequent breach of any of the Conditions.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or another of these Conditions is held to be inapplicable or unenforceable in certain circumstances.
Law
These Conditions shall be governed by and construed in accordance with the laws of the UK/Scotland and by using this website you irrevocably submit to the exclusive jurisdiction of the courts of the UK/Scotland.
Country of Origin
All Circus Pony products are exclusively designed in Scotland. Our clothing has been made to the highest standards in one of the following countries; Italy, Portugal, Turkey, Lithuania, China and India. We use suppliers that ensure workplaces are high quality, safe places and that they adhere to high ethical standards.
General Information
Every care has been taken to describe and portray items accurately using current printing technology, but slight variations in actual goods may occur. In order to maintain the highest standards of customer service and to help with the training of new staff, we sometimes listen in to, and occasionally record, incoming calls. Orders are placed with Circus Pony. Circus Pony's total liability for any claim howsoever arising shall not exceed the price of the goods supplied by Circus Pony to the customer. Circus Pony shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way. Circus Pony cannot accept any liability for a failure to comply with specific instructions stated in the catalogue. Customer statutory rights are not affected by this statement.
All content is Copyright Circus Pony and/or its licensors; and Circus Pony is a registered trade mark. All rights reserved. You may not reproduce catalogue content for any purpose without the prior written permission of Circus Pony.
The products offered for sale on this website are directed solely at residents of the United Kingdom and the United States. Circus Pony make no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. If you choose to access this site from other locations, then you are responsible for compliance with local laws if and to the extent that local laws are applicable.