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Sales Terms & Conditions
In these Sales Terms and Conditions (Sales Terms), ”we”, “us” or “our” mean Peter Horobin Saddlery Pty Ltd (ABN 94 006 740 101) (including its successors and assignees) and “you” or “your” means the person, organisation or entity that purchases saddles and other equestrian products and accessories, (Product or Products) from us. We and you are hereafter collectively referred to as the “Parties” and each a “Party”. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.horobin.com.au and www.stridefree.com.au (collectively the Site).
These Sales Termsform the agreement under which we will supply Products to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase Products from us.
You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order Products from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.
1. Products and Orders:
- You may order from us as set out on the Site or as advised by us. We may at our discretion accept or reject an order depending on factors including availability of Products and our ability to validate your payment.
- It is your responsibility to check and confirm with us the order details, including Product and pricing, before you complete your order on the Site.
- We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
- A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
- You cannot cancel your order once an order number has been issued to you.
2. Price and Payments:
- You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of Products, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.
- You must pay for the Products by one of the methods set out on the Site, including but not limited to by credit card and electronic funds transfer. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
- We may charge interest at the rate of two percent (2 %) per month on any amounts unpaid. If amounts owing are unpaid for seven (7) days after payment is due, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
- All purchases made with us are subject to availability. We do our best to keep the Products in stock and to keep the Site up to date with availability of Products.
- If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a Product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the Product is available.
- We guarantee that all saddle trees will last for your lifetime, subject to fair wear and tear.
- Saddles are custom Products. Where you have purchased saddles from us, the price payable, size, weight, dimensions, colour, design and other features will be as agreed by the Parties in writing, including by email.
- The prices for saddles listed on the Site are estimates only and you acknowledge and agree that the final price payable may be more than the estimated amount. We will inform you of any price variation.
- Either a saddle fitting or a saddle fitting kit will be arranged to obtain measures of both the horse and the rider. The price of a saddle fitting is as specified on the Site. Saddle fitting kits will be provided to you free of charge.
- You agree to pay us a 50% deposit at the time you place a saddle order with us and further acknowledge and agree that no binding agreement comes into existence between you and us until you have paid the deposit and have been issued with an order number.
- We will endeavour to deliver the saddle to you within 8 - 12 weeks of receiving the deposit and saddle measurements.
- If you suspect that a saddle we have supplied to you is faulty, not fit for use, or is unsafe you must not use the saddle and must notify us of this fact within 7 days of it becoming apparent. You must further arrange for the saddle to be returned to us to enable us to inspect and if relevant repair or replace the saddle. Towards this end, we will provide you with a return label, free of charge.
- Racing saddles are subject to extreme stresses during racing and you are responsible for keeping the saddle in good condition and checking the saddle’s integrity carefully each time before use. The saddle should not be used if damaged or worn. We can provide repairs and maintenance services if the saddle is returned to us at your cost but will not be responsible for damage or injury which may occur in connection with repairs or maintenance that have been carried out by a third party.
- If certain Products are out of stock or discontinued, you may elect to substitute it for another Product of similar appearance, value and size.
- Dispatch: Products will not be dispatched until payment in full is received.
- Location: We deliver world-wide.
- Cost: A delivery fee will apply, as set out on the Site or as advised by us from time to time.
- Timing: Stock Products purchased through the Site will normally be dispatched within 1 – 3 days from the receipt of your order, unless otherwise noted on the Site. Custom made Products, including saddles, will normally be dispatched within 1 – 3 days of you paying the balance of the purchase price. Any delivery periods displayed on the Site are estimates only, based on the information provided by the relevant logistics partner. We will arrange for the Products to be delivered to the place of delivery you specify when making your order.
- Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible.
- Method: We may deliver the Products using the logistics partner or partners referred to on the Site from time to time. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the relevant logistics partner leaving a card with contact details, so that you can arrange another delivery time and date or collect from their office or warehouse.
- Title: Title in the Products will not pass to you until the later of delivery or your payment (in full) has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.
5. Discount Codes and Promotions:
We may from time to time offer promotional discount codes, which may be applicable to Products on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
6. Intellectual Property
- Intellectual Property includes but is not limited to:
- all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
- all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
- all work product developed in whole or in part by us.
- We own all Intellectual Property rights in the Site, business, Products and branding, as between us and you. The Products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Products, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
8. Consumer Law, Return, Refund and Exchange Policy
- ACL: Seller’s goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law in the Consumer and Competition Act 2010 (ACL). Nothing in the Sales Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which may not be limited or excluded.
- Goods & Services: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a refund or replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Products or services is limited to us re-supplying the Services to you or replacing the Products, or, at our option, refunding to you the amount you have paid us for the Services or Products to which your claim relates.
- Repair, replacement or a refund: You may seek a refund or exchange of a Product (excluding saddles) purchased on the Site within 14 days of purchase. If you wish to seek repair, replacement or a refund for a Product, or have an enquire relating to a Product, please contact us via email at email@example.com. The email must be accompanied by proof of purchase, an image of the Product and Product fault along with a short description of the fault (where relevant).
- Refund: If you are entitled to a refund under the ACL, we will only give you the refund once evidence of fault is received by us, or we have received the Product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the Product.
- Used Products: Except as otherwise provided by these Sales Terms, we will not accept or return any Product that has been used, has been custom-made or is a special buy product.
- Packaging: You must package any Product you are sending to us securely using bubble wrap and a cardboard box to ensure that it is not damaged during return delivery to us. We will provide you with a return address label, which should be securely affixed to the cardboard box.
- Fair wear and tear: Leather is a natural product and our leather Products will undergo aesthetic changes over time with normal use. We will not normally provide repair, replacement or refunds for these changes.
- Duty of care: You have a duty of care for the Products while they are in your possession. If you damage Products, then upon the subsequent return of the Products, you may be liable to pay to repair the Products and restore them to their original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
- Change of mind: We do not normally accept returns for change of mind.
9. Limitation of Liability and Disclaimers:
- While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
- Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Products or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.
- To the extent permitted by law, we exclude all conditions and warranties, including but not limited to the following:
- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the Products being unavailable; and
- we will not be liable for any loss, damage, injury or death to animals, persons or property including legal costs or expenses whether direct, indirect, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement Products, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the incorrect use of the Products, failure to properly check the Product before each use, failure to follow safety and use instructions accompanying the Products or stated on the Site, failure to repair or maintain the Product or a part thereof as needed, your inability to understand the instructions accompanying the Products or stated on the Site, repairs and maintenance undertaken by third parties, or the late supply of Products, even if we were expressly advised of the likelihood of such loss or damage.
These Sales Terms may be amended from time to time without prior notice. Your purchasing from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sales Terms before purchase. Our agents, employees and third parties do not have authority to change these Sales Terms.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Termination: We reserve the right to refuse supply of the Products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.
- GST: If and when applicable, GST payable on our Products will be set out in our invoices or at the time of payment. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
- Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
- Force Majeure:We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least two (2) months, we may terminate our agreement with you by giving you five (5) business days' notice in writing.
- Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
- Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
- Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.
- Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Sales Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the non-exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
- Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notices, please contact us at:
Peter Horobin Saddlery
18 Milgate Drive, Mornington, Victoria
Last update: 24 August 2016
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