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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.ponyandhorse.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.
1 INFORMATION ABOUT US
1.1 The Website is operated by Pony & Horse Ltd. with our registered office and our main trading address at Seven Stars Equestrian, Old Seven Stars Farm, Standish, Wigan WN6 0QA
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 Pony & Horse 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.
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.
1.6 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. We accept payment with Mastercard, UK Maestro, Visa, Delta, UK Electron, UK Solo, JCB and PayPal 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.
4.1 Delivery is restricted to the United Kingdom. There may however be an additional delivery charge for deliveries to the Highlands and certain Islands. 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 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.
5 YOUR RIGHT TO CANCEL
5.1 You may cancel your Order for the purchase of Products at any stage before, and up to fourteen 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 twenty-eight 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. On cancellation for whatever reason you must follow our returns procedures (set out below) and return to us the Products we have delivered to you in accordance with these procedures.
6.2 In all circumstances you must firstly contact us by email or by post at Website Returns, Seven Stars Equestrian, Old Seven Stars Farm, Standish, Wigan WN6 0QA or telephone . If you contact us by telephone you will need to follow this up with confirmation to us in writing either by email or post.
6.3 Where you wish to return Products to us, our customer services team will give you a "returns authorisation number", which will be sent to the email address you registered with us, following your communication with us further to clause 6.2 above. You should include this number on your returns note and send it back with your Products. The returns authorisation number is important as it enables us to refund your payment and deal with your returned Products quickly.
6.4 If the Products are defective, incorrect or damaged on delivery we will reimburse your reasonable costs of return (up to the value it would have cost to return the Products using Royal Mail standard service) 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 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 Royal Mail standard service 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.
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.
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.
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.
7.2 All refunds will be made within 14 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 may from time to time run special offers including free gift give-aways with certain products
10. DATA PROTECTION
11.1 All notices given by you to us must be given to Seven Stars Equestrian, Old Seven Stars Farm, Standish, Wigan WN6 0QA 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.
12.1 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 seven 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: Seven Stars Equestrian, Old Seven Stars Farm, Standish, Wigan WN6 0QA. 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.
13.2 The Retail Ombudsman - If we are unable to resolve a complaint that you make to us within eight weeks you can take your complaint to The Retail Ombudsman.
This is an independent organisation, which specialises in providing Alternative Dispute Resolution services for consumers and retailers. As members of the organisation, we are bound by their code of practice and they can be contacted via:
Tel: 0203 137 8268
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.