These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone or through our website to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. These Conditions set out the entire agreement to the exclusion of all other terms and conditions.
Definitions
For the purposes of these terms and conditions, the following expressions have the following meanings:
"Conditions" means the standard terms and conditions of sale set out below;
"Goods" means the goods or services supplied by us to you including but not limited to equestrian & rider clothing, equipment, accessories and feed supplements;
"we" or "us" means ESF Services, whose registered office address is ESF Services, Cross Elm, Penrhos, Monmouthshire, NP15 2LF;
"Website" means the website domain name www.tackrepair-rugwash.co.uk;
"you" or "your" means any person or entity trading with ESF Services through any available medium, including, but not limited to telephone and the internet.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
Unless expressly stated otherwise, where our prior written consent is required in these Conditions, then we shall be under no obligation not to unreasonably withhold or delay in giving that consent.
Use of our Website
In using our Website, you agree to be bound by its Conditions of use as follows:
Website Availability
Whilst we aim to keep all communications with and transactions via our Website free from interruption and failure, this cannot be guaranteed at all times. It may be necessary to interrupt the availability of our Website without notice as required to perform essential maintenance and repair and as such the Website will be available on an "as is" "as available" basis.
We reserve the right in our discretion to refuse access to our Website at any time where you either abuse or fail to comply with the Conditions we have imposed.
Copyright
Save for Condition below, we are the owners of our Website along with the copyright, trade names and marks and all the intellectual property rights subsisting in the contents on our Website. You are not permitted to reproduce, copy or download (except as expressly permitted) any part of our Website, including the source code, which is prohibited by copyright law.
Where we have displayed any image, logo or object on our Website of which we are not the owner, to the best of our knowledge we have obtained the necessary consents and permissions from those third party owners prior to use or reproduction.
Your Personal Data
We comply with the requirements set out in the Data Protection Act 1998 in respect of any data held or processed by us. We will not sell your personal information to any third party for any reason. All personal data collected via our Website is only used for advertising our Goods and services and for internal market research to improve the Goods and services we provide.
We will only keep the information whilst we have a relationship with you or as long as is necessary for us to provide you with our advertising or marketing services. Where you change your mind about receiving marketing services you can contact us at any time at info@tackrepair-rugwash.co.uk either consenting to be contacted or to un-subscribe and requesting your details be removed from our database.
General Trading
Goods
Whilst every effort is made to keep the Goods displayed on our Website up to date, all orders are subject to availability and no order for any Goods will be accepted until confirmed by us. Specifications, drawings and representations appearing on the Website are for guidance purposes only and particulars of size, dimension and weight are approximate only. Some Goods may vary slightly from those displayed on the Website. We reserve the right to update the list of Goods available without notice at any time.
The price of each Product is listed with theProduct details and picture. All prices quoted are inclusive of VAT (where applicable) but exclusive of UK delivery costs..
Where you have placed an order for Goods which we have accepted, in the event for any reason that it is necessary to increase the price of the Goods to reflect any increase to the cost to us, we will notify you of such increase and ask you to reconfirm the order at the new price. If payment has already been made and you do not wish to reconfirm the order we shall provide you with a full refund.
The Order Process
When you complete the order process, either by telephone or via the Website, and we have confirmed the order you enter into a legally binding contract. Your offer to purchase Goods is made when you place an order. For telephone orders, our acceptance of that order is made during the telephone call. For internet orders, our acceptance of that order is made by a confirmation e-mail that you will receive shortly after you complete your order.
We will debit your debit or credit card at the time your order is dispatched from our premises and your invoice/receipt will be included in the packaging with your Goods.
All orders are subject to availability and we reserve the right to refuse any orders prior to us confirming acceptance of your order without giving reason.
Delivery
Address and Delivery Information
On placing your order, you will be required to provide us with details of an address for delivery of the Goods. Where we are unable to affect delivery of the Goods for reasons that can be attributed to inaccurate or incomplete delivery information we will not be held responsible for any losses you may incur as a result.
If you specify that the Goods can be left either with a third party or at an alternative location, once the Goods has been delivered either to you (or a third party in accordance with your instructions) you will become the owner of the Goods and as such responsibility of the Goods will pass to you. Save for our negligence, we will not accept any liability for any subsequent damage or disappearance of the item following delivery in accordance with your instructions.
Fulfilment
We will dispatch your order for collection by our chosen carrier at the first available opportunity once all the Goods are available.
If any Goods on your order become permanently unavailable, we will contact you.
Our standard delivery charge covers the majority of post codes on the UK mainland.
Post codes in more remote areas of the UK will incur an additional delivery charge (which is reasonable to cover the actual costs incurred in delivering the Goods) and will be added to your order at checkout on the Website.
Warranty and Liability
Subject to the following provisions, we offer all our customers 12 months warranty, this does not affect your statutory rights..
Where you make a valid claim to us in respect of any of the Goods supplied which is based on either a defect in the quality or condition of the Goods or a failure to meet the specification ordered, you will have the option of either having replacement Goods or a full refund of any price paid as provided.
The warranty given above is subject to the following conditions and we shall be under no liability in respect of:
any inaccuracies in the Goods arising from any drawing, design or specification which was supplied by you;
any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our and our manufacturers' instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
Any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection, (if so required).
Any Goods alleged to be defective shall be returned to us at your risk and expense to our premises for inspection and in our reasonable opinion consider the Goods to be defective solely by reason of faulty design materials or workmanship.
Save for already provided in this Condition, our liability for death or personal injury caused by our negligence shall be unlimited and for all other loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
The provisions of this Condition shall survive any termination of the Contract.
The exclusions from and limitations of liability set out in this Condition shall be considered separately and individually from one another and the validity or unenforceability of any one clause or sub-clause of this Condition shall not affect the validity or enforceability of any other part of this Condition .
Cancellations & Returns
We request that all Goods are returned in line with the Return of Goods procedure set out in Condition below. We will not be liable for any loss or damage to Goods returned to us and where this procedure has not been followed.
Returns
All refunds will be made, in full, to your account within 30 days of being notified of your intention to cancel subject to any deductions made to cover any costs we have incurred in recovering the Goods.
You are under a duty to take reasonable care of the Goods whilst they are in your possession and we reserve the right not to accept returned Goods which have been damaged whilst under your control.
Damaged Goods
You should inspect the Goods where possible upon delivery. If you suspect that your Goods are damaged when they are delivered to you, please indicate this on the delivery driver's paperwork. If you do not do this, we reserve the right not to consider any claims where you later make a claim and the outer packaging is subsequently found to be damaged.
All claims regarding damaged Goods must be communicated to us in writing or by e-mail ideally 14 days of receipt.
We request that your original order reference number is stated on all correspondence with us.
We reserve the right to have any allegedly damaged Goods returned to us for inspection prior to a refund or any credit being issued. Should we deem the compliant to be unjustified, we will inform you of our decision and return the Goods to you at your expense.
Where Goods are found to be damaged or of unsatisfactory quality we will waive any delivery cost in collecting the defective Goods and providing replacement Goods.
Cancellations
Any order may be cancelled by you, for any reason whatsoever up until 7 working days after the day following receipt of the Goods.
To cancel an order, you must notify us in writing or by e-mail within the time period specified above.
If any Goods have already been dispatched, you can either request a "return to sender" when the delivery is attempted, or you can accept the delivery and follow the Return of Goods procedure
For all cancellations at the request of the customer, the customer will be responsible for any costs incurred in returning the Goods to us. Where you cancel an order and do not return the Goods, you will be liable for any delivery and return costs which we incur in collecting the Goods.
Return of Goods Procedure
When you return Goods to us, we request that you follow the steps below. We will not be liable for any Goods returned to us that do not follow this procedure:
Before returning any Goods, please contact us in writing or by email to obtain a return reference number.
Package the Goods securely taking all measures possible to prevent damage in transit and (where possible) return the original packaging to us with the Goods.
On the outside of the packaging, clearly mark the returns reference number and our postal address. If we have arranged to collect the parcel from you, please ensure it is available for collection at the arranged collection point and time. You will be responsible for any charges incurred should the collection of the Goods be unavailable at the arranged place and time.
If you are to return the parcel to us independently, please ensure you have adequate proof of delivery. We will not be liable for any Goods that have been lost in transit. We are happy to arrange collection from you at your cost via our chosen carrier and carrier charges are available on request.
General
We will not be liable to you or be deemed to be in breach of contract by reason of delay or failure to perform any of our obligations if the delay or failure is due to act or cause beyond our reasonable control.
These Conditions do not purport to confer a benefit on any third party.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and sent by e-mail or addressed to the other's principal address. Proof of sending is required.
No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
The Contract and these Conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.