Terms & Conditions
TERMS & CONDITIONS OF SUPPLY
The following pages (together with the documents referred to in them) tells you the terms and conditions on which we
supply any of the products (“Products”) listed on our website www.discount-equestrian.co.uk (“Website”)
to you and how we run the Website and treat the personal information which you provide us with (the “Terms and
Conditions”). Please read these Terms and Conditions carefully before ordering any Products from the Website.
You should understand that by ordering any of our Products, you agree to be bound by these Terms and
Conditions.
We reserve the right to change the contents of this Website, including these Terms and
Conditions, at any time without notice by posting such changes on the Website. It is your responsibility to
familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use
of the Website after a change has been posted will signify your acceptance of the modified Terms and
Conditions.
You should print a copy of these Terms and Conditions for future reference.
Please
click on the button “Checkout” at the Checkout section of the Website before placing your order with us
(“Order”) if you accept them. Please understand that if you refuse to accept these Terms and Conditions,
you will not be able to order any Products from our Website.
A CONTENT
1 INFORMATION ABOUT US
1.1
The Website is operated by Discount Equestrian UK Ltd (“Discount Equestrian or “we/us”). We are
registered in England and Wales under company number 08368949 and with our registered office and our main trading
address at Highfield House, Church Road, Elwick, Hartlepool, TS27 3EL. Our VAT number is 174 8386 67
2 COPYRIGHT
2.1
All copyright and other intellectual property rights relating to this Website and its content including images, text
and any other material are
owned or registered by Discount Equestrian UK Ltd or one of its licensors.
2.2
You may view, download for caching purposes only, and print pages from the Website for your own personal use,
subject to the following
restrictions: •material from the Website is not republished in any form or
part, sold or sub-licensed; •material is not reproduced, duplicated, copied or otherwise exploited for a
commercial purpose; •material is not edited; and •material is not redistributed, except for material
specifically and expressly noted for distribution.
2.3 For the purposes of this clause Materials shall
include, but are not limited to, the design, layout, look, appearance, graphics and documents on the Website, as
well as other content such as articles and other text.
2.4 You may not link to this Website from another
website unless you comply with the following guidelines: •links must be to the homepage of the Website; •you
may not create a frame or any other border around the Website; •the site from which you wish to link must
comply with all relevant laws and regulations [and must not contain content which may be considered to be
distasteful or offensive]; and •you must not imply that we endorse or are associated with any other website,
product or service.
3 DISCLAIMER OF CONTENT
3.1 Whilst we have taken all reasonable steps to
ensure the accuracy and completeness of the information on this Website, it is provided on an “as is”
basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of
this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no
liability can be accepted in respect of losses or damages arising out of such unavailability.
3.2 Access to
and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any
material downloaded from it will not cause damage to any property, including but not limited to loss of data or
computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards
before downloading information or images from the Website.
3.3 The information contained in the Website has
not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior
to ordering any Products from us that they are suitable for your purposes.
3.4 Any advice given on this
Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for
professional advice on your specific requirements.
3.5 Subject to clause 3.6 in section A below, we shall
not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of
such losses) whether arising from any claim arising out of or in connection with the use of the Website including
without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than
fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
3.5.1
any indirect, special or consequential losses;
3.5.2 in respect of losses or damages arising out of changes
made to the content of this Website by unauthorised third parties;
3.5.3 any loss of business, data,
profits, revenue, goodwill, use or anticipated savings; or
3.5.4 loss or damage to your, or any third party’s,
data or records.
3.6 We do not seek to exclude or limit our liability to you for:
3.6.1 death or
personal injury caused by our negligence;
3.6.2 fraud or fraudulent misrepresentation; 3.6.3 any liability
arising under the Consumer Protection Act 1987; or
3.6.4 any matter for which it would be illegal for us to
exclude, or attempt to exclude our liability.
3.7 Nothing on this Website shall exclude or limit our duties
and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with.
3.8
Except as expressly provided in these Terms and Conditions we exclude all representations, conditions and warranties
whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
4 USE OF AND
ACCESS TO WEBSITE
4.1 The information, service and Products on this Website are intended for use by
residents of the UK only, and are not aimed at or intended for use by residents of any other jurisdiction.
4.2
This Website is designed to be accessed through its principle product home pages and such other pages as we may
decide. If you access the Website through individual pages directly, which are not designed for this purpose, you
may not see important information which is relevant to a full understanding of our Products and services.
B
SUPPLY
1 SUPPLY OF PRODUCTS THROUGH OUR WEBSITE The following terms and conditions apply to how we supply
any products through our Website. NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS.
1.1
The Website is only intended for use by people resident in the United Kingdom.
1.2 By placing an order
through our Website you confirm that:
1.2.1 You are legally capable of entering into binding
contracts;
1.2.2 You are at least 18 years old;
1.2.3 You are accessing the Website from the
United Kingdom.
1.3 The prices for Products are inclusive of VAT but exclusive of delivery charges. If a
delivery charge applies to your Order this will be notified to you both during the transactional element of the
ordering process and again in the order acknowledgement email that we send to you. Prices and delivery charges
displayed are valid and effective only in the United Kingdom. Prices, Offers and Products are subject to
availability and may change at any time prior to our despatching your Order and taking payment from you.
1.4
The placing of a Product on our Website is an invitation to accept offers for Products and is not an offer to sell
at the listed price nor is it binding on us. We are under no obligation to accept your Order.
1.5 In the
event that a Product you have ordered is listed at an incorrect price due to a typographical error, we will notify
you of the correct price by email before despatching your Order and taking payment from you, asking you to confirm
you still wish to proceed with your Order at the new, correct price. Once we have received your confirmation we will
then despatch your Order and take payment using the payment details you have provided us with, in line with clause
2.1.3 below. If you do not confirm that you wish to proceed with the Order within 7 days of the date of our price
correction email, we will consider this as a withdrawal of your Order and we will delete your payment details from
our system (please see our Privacy Policy for further details about this).
1.6 We will take all reasonable
care to ensure that all details, images and descriptions of Products are correct at the time that the information is
first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colours of
actual Products may differ from those in images and this is a product of our photographic process.
2. ORDER
ACCEPTANCE
2.1 Orders are submitted via the Website in the following way:
2.1.1 You must add the
Product(s) you wish to purchase to your shopping cart and then proceed to the Checkout.
2.1.2 If this is
your first purchase on the Website you must first register with us and log in; if you already have an account with
us you may enter your log in details to access your account.
2.1.3 Once logged in you must confirm you wish
to make an Order and consent to the Terms and Conditions. You will then be asked to input your payment details.
2.1.4
We will then process the payment details you have given us to take payment for your Order and then send you an order
acknowledgement email to confirm that we have received your Order. The order acknowledgment email is sent out
automatically by us to the email address you register with us.
2.1.5 If for any reason we are unable to
fulfil your Order, then all monies will be reimbursed within 30 days of taking the original payment.
2.1.6
You should check all emails for accuracy and let us know immediately if there are any errors. None of our emails
constitute acceptance of your submitted Order. Your Order will be accepted by us when we despatch the Products to
you. Title in the Products ordered will pass on delivery.
2.2 If there are any problems with your Order,
you will be contacted by a member of our Customer Services Team.
3 PRICES AND PAYMENT
3.1 Payment
for all Products must be by credit or debit card or via PayPal. We accept payment with Mastercard, UK Maestro, Visa,
Delta, UK Electron, UK Solo, JCB and we shall not acknowledge your Order until we receive authorisation of
payment.
3.2 For payment by card, all credit and debit cardholders and bank/building society account
holders respectively are subject to validation checks and authorisation. If the issuer of your payment card, refuses
to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for
any delay or non-delivery in respect of the Products which you have ordered as a result.
3.3 By providing
the relevant information to us, you specifically authorise us to transmit or to obtain information about you from
third parties from time to time, including but not limited to your name, address, telephone number, debit or credit
card details, cheque details or credit reports, to authenticate your identity and delivery address for the Products,
validate your payment card and obtain authorisations for your payments for Products.
4 DELIVERY
4.1
We deliver across the whole of the United Kingdom. There may however be an additonal delivery charge for deliveries
to the Highlands and certain Islands and deliveries may take longer to these areas. We aim to deliver Products to UK
addresses, within five working days (subject to a maximum of 30 working days). If we cannot deliver within this
maximum time we will inform you in advance and provide you with an alternative date for delivery ("Revised Date").
If you reject the Revised Date your Order will be cancelled and we will make any refund which may be due to you. In
no event shall we be liable for any damages or penalty for any delay in delivery.
4.2 All deliveries must
be signed for. Before signing the delivery note, please ensure that the number of packages match the driver's
paperwork and that the packages are undamaged. You should keep your delivery note and all packaging and should
notify our customer services team immediately if any of the packages are missing or damaged.
4.3 We provide a next day (Mon - Fri) delivery service on many items at a cost of £8.50 per order to UK Zone A
addresses. Choosing this service means the parcel will be booked on a 24 hour overnight courier service.
This is not a garanteed service we cannot be held responsible if the courier fails to deliver the parcel on
the scheduled day.
4.4 For orders being shipped to EU member countries we collect the relevant VAT at
our checkout when you place your order. There is a possibility that your local customs could hold your shipment and
apply further import duties or charges, you (the customer) is responsible for paying these charges.
If you
(the customer) refuse to pay any applicable taxes/duties or import charges are not paid, and you (the customer)
refuse to pay these charges, causing the shipment to be returned to us, then you (the customer) will have to pay the
courier and any duty costs out of any refund we make to you.
5 YOUR RIGHT TO CANCEL
5.1 You
may cancel your Order for the purchase of Products at any stage before, and up to seven working days after, the
Products are delivered to you by notifying us in writing (which includes fax and email) at our address. It is your
responsibility to return the Products to us so that we receive the Products within fourteen working days after the
date of delivery. If you are cancelling because of any problem with the Products following delivery, please notify
us of the problem at the time of cancellation and please refer to clause 7 below.
5.2 If you cancel prior
to delivery of the Products we will make a refund to you for the full value of the payment made to us.
5.3
If you cancel your purchase of Products on a "no-fault" basis under your right set out in clause 5.1 above, then you
must return the Products to us in accordance with our Returns Policy and you are responsible for the cost of their
return to us. The Products should be returned to us unworn and in their original condition.
6 RETURNS
POLICY
6.1 Please ensure that you protect any products from becoming worn or soiled whilst trying them
for size and fit.. Please also ensure items are free from any smells or fragrances as well as human or pet
hair. If trying on any Horse Wear products, for example rugs and saddle pads, please ensure you use a clean
sheet between item and Horse to prevent marks and/or Horse hair on the items. On cancellation or return for
whatever reason, you must follow our returns procedures set out on this page and return to us the Products we have
delivered to you in accordance with these procedures.
6.2 Riding Hats - We send Riding Hats and Skull
Caps in the original manufacturer branded box, bag and packaging, this is then placed inside an additional card
board box with extra protective packaging for transport purposes, this is very important. We will not accept
back Riding Hats or Skull caps that are sent back either without the original manufacturers bags, packaging and
boxes, or returned to us only using the manufacturers box or bag. The manufacturers packaging, bags and hat
boxes alone does not protect the Hat or Skull Cap enough during transport. Riding Hats and Skulls must be sent
back with at least the same protection that was used when we dispatched the item to you. Please ensure all
items are sent using the protective boxes or bags like used during our initial delivery to yourself to ensure the
overall product/s including manufacturers packaging will not be damaged.
6.3 Where you wish to return
Products to us and dont have the returns paperwork which was included in your parcel please contact us and our
customer services team (customer-services@discount-equestrian.co.uk) will provide you with the nessesary information
from your order which will be sent to the email address you registered with us. You should include the information
we provide you with your returned products. The correct order information is important as it enables us to
refund your payment correctly and deal with your returned Products quickly.
6.4 If the Products are defective, incorrect or damaged on delivery we will arrange collection of the goods from you
at our cost or reimburse your reasonable costs of return (up to the value of £4.50) and (at your option)
replace the products (where the same or equivalent products are available) or refund you for the price paid
including the delivery charges if applicable of any such Products provided that the Products are complete and in "as
delivered" condition as supplied in the original packaging. We recommend that returns are sent via courier or
recorded delivery and you must always obtain a certificate of posting.
6.5 It is your responsibility to
arrange collection of any unauthorised returns from our premises, for example Products which have been returned because
they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return
these Products to you at your cost. Such product will be held for a period of six months after which time the
product will be destroyed if you have not made the appropriate arrangements for the goods to be returned to
you.
6.6 You have a legal obligation to take reasonable care of the Products while they are in your
possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. The
original manufacturer branded product packaging is considered part of the overal product, we will in some cases
charge for repackaging or charge for a diminished value of such items if packaging when a product is returned, is
damaged beyond use or defaced with writing, postage/address labels, stamps and packing tape for example. Please
ensure items are packaged within an external packaging bag or box like what was used to send your items to you.
6.7
If you are not completely happy with the purchase you have made, for any reason at all, then you may return the
Product(s) within 28 days of receiving the Products for a full refund of the price of the Product(s). To qualify for
a refund, the Product must be returned within 28 days of you receiving the Product(s) and in its original condition.
Please return the Product(s) with the original packaging we used to send it to you to ensure that the Product(s) is
not damaged during transit. Subject to clause 6.4 you shall be responsible for the cost of return to us. Please
ensure the branded manufacturer product packaging is in good condition, it is part of the overall product and must
be kept undamaged and unalterted from the condition it arrived to you in. If the branded manufacturer
packaging is damaged or altered from its original condition we will in some cases charge either for repackaging the
product or to compensate for the loss in value due to the product no longer having its original manufacturer/brand
packaging.
6.8 If you would like to return the Products yourself you can take them to our store. You will
only be able to return Products to our store provided that you have complied with all provisions of these Terms and
Conditions and have taken with you to the store a copy of your original Delivery Note and the actual payment card
used to purchase the Products. Otherwise products returned to us in to store can be left with us and they will
be inspected and a refund or credit made (whichever you prefer) following our standard return procedure. For
more information on our Returns Policy please read our Returns information page here
7
REFUNDS
7.1 Where you paid for Products by payment card, refunds will be made by re-crediting your payment
card account from which the money was originally debited. Where payment was made via PayPal your PayPal
account will be credited.
7.2 All refunds will be made within 30 working days either:
7.2.1 (where
Products have not yet been delivered to you) of our confirmation in writing to you that your order has been
cancelled; or
7.2.2 (where Products have been delivered to you) of the return of the Products to
us.
8 LIABILITY FOR PRODUCTS DELIVERED
8.1 We will be responsible for any losses you suffer as a
result of us breaching these Terms and Conditions if the losses were reasonably foreseeable to both you and us when
you commenced using the Website, or a contract for the sale of goods by us to you was formed.
8.2 We will
not be responsible for:
8.2.1 any business loss including loss of: •income or revenue; •profits
or contracts; •anticipated savings; •data; •goodwill; or •wasted expenditure, for example
management or office time. Or
8.2.2 any other indirect or consequential loss that is not reasonably
foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us
to you was formed.
8.3 Notwithstanding clauses 10.1, we do not limit in any way our liability:
8.3.1
For death or personal injury caused by our negligence;
8.3.2 Under section 2(3) of the Consumer Protection
Act 1987;
8.3.3 For fraud or fraudulent misrepresentation; or
8.3.4 For any matter for which it
would be illegal for us to exclude, or attempt to exclude, our liability.
9. SPECIAL OFFERS
9.1 We currently offer free of charge standard delivery to UK addresses including Highlands and Northern Ireland when you spend over £100 with us on an order. If you have received free delivery after spending over £100 at the ceckout then choose to return an item or items for a refund that takes your final order amount below £100 we will deduct £4.50 from the refund amount to cover the delivery charge as you do not at this stage qualify for free delivery.
9.2 We may from time to time run special offers including free gift give-aways with certain products under terms and
conditions published on our website at https://www.discount-equestrian.co.uk/offer-terms/
10.
DATA PROTECTION
10.1 We will treat all your personal information that we collect in connection with your
Order in accordance with the terms of our Privacy Policy which can be read here.
11
NOTICES
11.1 All notices given by you to us must be given to Discount Equestrian UK Ltd, Highfield House,
Church Road, Elwick, Hartlepool TS27 3EL or by email. We may give notice to you at either the email or postal
address you provide to us when placing an order. Notice will be deemed received and properly served immediately when
posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the
specified email address of the addressee.
12 VARIATION
12.1 You will be subject to the policies
and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies
or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply
to Orders previously placed by you), or if we notify you of the change to those policies or these Terms and
Conditions before we take payment from you and despatch your Order to you (in which case we have the right to assume
that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within fourteen
working days of receipt by you of the Products).
13 COMPLAINTS POLICY
13.1 In the event that we
fail in meeting our high standards of customer services please do not hesitate to contact us via email or by post
to: Discount Equestrian UK Ltd, Highfield House, Church Road, Elwick, Hartlepool TS27 3EL Tel: 01429 864112. We
aim to acknowledge your communication and to start our investigations within five working days following our receipt
of it. We will do our very best to deal with your complaint as soon as possible and make every effort to reach a
satisfactory conclusion on your behalf in order to retain your valued custom.
14 LAW AND
JURISDICTION
14.1 These Terms and Conditions are governed by English law and only the English courts will
have exclusive jurisdiction with respect to any dispute arising under or in relation to them.