Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller.
These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Foxash Equestrian Ltd. Company number – 09960532.
Our address is: The Barn, 45 Harwich Road, Lawford, Manningtree, Essex, CO11 2LS.
You are: a visitor to Our Website / Facebook Page or are our customer.
Please read all sections carefully as by making a purchase from us you are agreeing with all of our Terms and Conditions. If you wish to be sent a copy for your records please email us at email@example.com or alternatively copy and paste this document.
In these Conditions:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes, which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website and/or sold from consultation/fitting service.
“Content” means any material in any form published on Our Website by us or any third party, with our consent.
“Material” means Content of any sort posted by you on Our Website
“Consultation” means a phone call offering advice or a visit to the buyers suggested location.
“Fitting Service” means a service where the seller offers advice to which saddle/bridle/bit is most suitable for your horse carried out at the buyers suggested location, this also covers advice given over the phone, in correlation with an order.
2. Our contract with you
These terms and conditions apply:
So far as the context allows, to you as a visitor to Our Website and/or a visit from us; and
2.1 In any event to you as a buyer or prospective buyer of our Goods.
2.2 We shall accept your order by e-mail confirmation and those by verbal confirmation through consultation and/or visit to you. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we expect to dispatch your order.
2.3 Orders received via a measurement form, for example, made to measure or bespoke leather work, are made as is given on the form, please ensure measurements are accurate. If an item is made to incorrect sizes due to the measurements we have been given, you will have to pay for changes to be made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website and order form/invoice on the day you order Goods.
2.5 Unfortunately, we cannot guarantee that Goods advertised on our website/FB Page are available. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which does not materially affect their quality or performance.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.5.1 Accept the alternatives we offer;
2.5.2 Cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement, which does not involve your payment via Our Website, these terms still apply unless we make it clear other terms take effect in priority.
2.8 If we owe you money on account of your cancellation, we will credit your money as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
2.9 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.10 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:- – the Seller’s written acceptance; – delivery of the Goods; or – the Seller’s invoice.
2.11 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.12 An appointment fee is applicable to all appointments. Prices are on our website. Multiple appointment discounts are only available, multiples must be booked at the same time; in advance. Please give more than 24 hours if you wish to cancel the visit. Fees are non-refundable on cancellations made within 24 hours of the appointment.
2.13 You are under no obligation to buy.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself and your horse. We need this information to provide you with the Goods.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4. Price and Payment
4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 We accept Cash, Cheques and PayPal payment; through which you are able to use your credit or debit card an account is not necessary. All fees are payable by the Buyer.
4.3 Payment by bankers draft or cheque can be made but will incur a fee to cover our costs, items will not be dispatched until payment has cleared.
4.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4.6 In the event that a Bespoke/Made to measure item is ordered, with a value greater than £500.00, 50% is payable at the time of order and 50% balance due at the time of delivery and fitting. Items valued under £500.00, payment in full is expected at the time of order.
4.7 Payment is due upon receipt of the invoice, no credit is or will be given.
4.8 Payments delayed by 30 days or more will incur an 8.5% interest charge. If this is not settled, legal action will be taken. Once legal action is taken the court fees will then be added to the debt.
5.1 All goods are subject to availability. Deliveries will be made by us via consultation/fitting service, by post or a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we ourselves are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of canceling your order.
5.3 We may deliver the Goods in installments if they are not all available at the same time for delivery.
5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5.5 Goods are sent by post and through courier. We will send you a message by email to tell you when we have dispatched your order.
5.6 Standard delivery is £6.95 for up to 15kg in weight.
5.7 Express delivery option can be selected please make us aware of this when you place your order, by either adding a note or emailing us at firstname.lastname@example.org.
6. Cancellation of order
6.1 If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 14 days from the date you receive your order, not including the day you received it.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / on our Facebook page.
6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
6.4 If you cancel after we have despatched the Goods, we will refund the price of the goods only.
6.5 The option to cancel your order is not available if the Goods are: made or altered to your specification; bespoke, made to measure, design your own.
6.6 Any refunds issued will be minus any consultation and/or fitting services fees.
6.7 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
6.8 You are responsible for the cost of returning them.
6.9 To assist us in identifying your Goods on receipt by us, we ask you to telephone 07919 897 141 for a returns note to be issued.
6.10 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do, we shall look to you to repay us the cost of collection.
6.11 To receive a refund goods should be returned to us within 14 days of notification of cancellation of contract.
6.12 Goods received between 15-30 days of notification are entitled to an exchange.
6.13 We will refund your money within 14 days, of receipt of the item.
6.14 This paragraph does not affect your rights in the event that the Goods are faulty.
7. Foreign taxes, duties and import restrictions
7.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods, which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Trial Policy, Right to Return the Goods and to Receive a Refund
8.1 At Foxash Equestrian Ltd. our sole mission is to help you find the perfect saddle/product for both you and your horse. Simply either call us at 07919 897 141 and tell us which of our saddles/products you would like to try, or order this on our website.
8.2 Your saddle trial period lasts for fourteen days from the day after receipt of saddle. If you decide the saddle purchased is not right for you for any reason, ship it back to us and when we receive it we will credit you your payment for all but a £50 shipping and handling fee.
8.3 Please email us with the tracking number of the parcel if you ship an item back. Do not return a saddle using the postal service; use only a recognised courier company with adequate insurance.
8.4 You are encouraged to girth up the saddle and ride in it so that you can correctly evaluate the fit. However, the integrity/condition of the flaps must be maintained. An easy technique to protect the flaps: lift the upper flap and slide the leathers onto the stirrup bars so that, when the flap is put down, the leathers are sandwiched between the upper and lower flap. If a saddle is returned with signs of abrasion or any form of damage, or otherwise not “as new” condition, there will be a restocking fee of 35%.
8.5 Where the Goods are custom made to the order of the Buyer, the Buyer shall not be entitled to return the Goods and receive a refund unless the Goods are faulty or not fit for purpose. The statutory rights of the Buyer are unaffected.
8.6 If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.6.1 exactly what the fault is;
8.6.2 the date, if relevant, when the fault became apparent;
8.6.3 when and how you discovered the fault;
8.6.4 how the fault affected your use of the Goods;
8.7 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
8.8 You must tell us by email message to email@example.com or by letter to our land address at the top of this agreement, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
8.9 The Goods must be returned to us as soon as any defect is discovered.
8.10 So far as possible, Goods should be returned:
8.10.1 with both goods and all packaging, as far as possible, in their original condition;
8.10.2 securely wrapped;
8.10.3. including our delivery slip;
8.10.4 at your risk and cost
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose;
9.3.2 the truth of any Content on Our Website published by someone other than us;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
9.8 Used saddles are priced according to wear and tear, accepted by you
10. Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use; our name, logos, trade marks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11. Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12. Risk and Retention of Title
12.1 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
12.2 Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.
12.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
12.4 The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. In the event of repossession the Buyer shall deliver up to the Seller all Goods in which title has not passed, the cost of which shall be borne by the Buyer.
12.5 The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if;
12.6 The Buyer commits or permits any material breach of his obligations under these Conditions;
12.7 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
13. System Security
13.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
13.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
13.3 You may not use any software tool for the purpose of extracting data from our website.
13.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
14.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15. Force Majeure
15.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 14.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
15.2 Sub-clause 15.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
15.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
15.4 If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
16. Miscellaneous provisions
16.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
16.3 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17. Waiver No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
18. Severance If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19. Third Party Rights Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
20. Consumer Rights The provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.
21. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
V.1/5/16 © Foxash Equestrian Ltd.