Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0845 2222313.
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us on 0845 2222313 or contact us through petworthequestrian.co.uk.
1.1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Lasham Ventures Limited with a trading name of Petworth Equestrian. The parent company is registered in England and Wales under number 08647134 whose registered office is at Bryn Helyg, Llandinam, Powys, SY17 5AQ and whose trading address is Unit 15, Faraday Court, Rankine Road, Basingstoke, Hampshire, RG24 8PF with email address email@example.com; telephone number 0845 2222313; (the Supplier or us or we).
1.2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
2.1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2.2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
2.3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
2.4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
2.5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
2.6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
2.8. Website means our website www.petworthequestrian.co.uk on which the Goods are advertised.
3.1, The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
3.2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3.3. All Goods which appear on the Website are subject to availability.
3.4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
4. Personal information
4.2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
5. Basis of Sale
5.1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3. A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
5.4. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
5.5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
5.6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
6. Price and Payment
6.1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
6.2. Prices and charges include VAT at the rate applicable at the time of the Order.
6.3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
7.1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
7.2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
7.2.1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
7.2.2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
7.3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
7.4. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you are responsible for their safe return to us and any refunds due will only be paid upon their receipt.
7.5. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
7.6. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. We can accept an Order for delivery outside that area, but you may need to pay import duties or other taxes, as we will not pay them.
7.7. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
7.8. If you or your nominee fails, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
7.9. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
8. Risk and Title
8.1. Risk of damage to or loss of, any Goods will pass to you when the Goods are delivered to you.
8.2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
9. Conformity and Guarantee
9.1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
9.2. Upon delivery, the Goods will:
9.2.1. be of satisfactory quality;
9.2.2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
9.2.3. conform to their description.
9.3. It is not a failure to conform if the failure has its origin in your materials.
9.4. We will immediately, or within a reasonable time, give you the benefit of the warranty/guarantee given by the manufacturer of the Goods. Details of the warranty/ guarantee, including the name and address of the manufacturer, the duration and territorial scope of the warranty/guarantee, are set out in the manufacturer's guarantee provided with the Goods. This warranty/guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights. It is your responsibility to conform to the individual requirements given by the manufacturers of the Goods.
9.5. We will provide the following after-sales service: The supplier will support the customer in providing reasonable technical support and activating the equipment supplied. Detailed technical assistance may be referred to the manufacturers of the Goods.
10. Successors and our sub-contractors
10.1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
11. Circumstances beyond the control of either party
11.1. In the event of any failure by a party because of something beyond its reasonable control:
11.1.1. the party will advise the other party as soon as reasonably practicable; and
11.1.2. he party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
12. Excluding liability
12.1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or (iii) breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
13. Governing law, jurisdiction and complaints
13.1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
13.2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
13.3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute arises customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.”
14. Withdrawal, cancellation and returns
14.1. Subject to the Terms and Conditions stated you can cancel this Contract within 14 days without giving any reason and we shall be happy to refund or exchange. This right does not apply if the goods ordered are made to your specifications or are clearly personalised;
14.2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time the right to cancel will be 14 days after the first delivery. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
14.3. To exercise the right to cancel, you must first inform us in writing of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made.
14.4. If you have received Goods in connection with the Contract which you have cancelled you must return them to our business premises not later than 14 days from the day on which you communicate to us your cancellation of this Contract. You agree that you will have to bear the cost of returning the Goods and we recommend you retain written proof of postage. The deadline is met if you send back the Goods before the period of 14 days has expired.
14.5. We will accept items back even if you have opened the Goods to inspect them. However, the Goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with them. You can examine the goods as you would in a shop but you must not have used or installed them or input any data on them. Whilst the goods are in your possession you must take reasonable care of them as you are responsible for their loss and condition.
14.6. Once we have received the Goods we will refund to you the price for those Goods which have been paid for in advance excluding any separate delivery charge. We also reserve the right to make a deduction from the refund for any loss in value of the goods caused by damage or as a result of any unnecessary handling by you i beyond what is necessary to establish the nature, characteristics and functioning of the Goods:. We usually process the refund due to you as soon as possible and, in any case, within 14 days of the receipt at our offices of your returned Goods. This does not affect your rights when the reason for cancellation is and defective Goods
15. Damaged or defective Goods
15.1. If the Goods are damaged when they arrives, please contact us within 48 hours via the Contact Us facility on our website.
15.2. Subject to the terms below, if you believe that Goods ordered from us are defective or faulty, you should contact us via our Contact Us facility on our website and we shall endeavour to make our returns and/or repair service as convenient as possible.
15.3. We will offer either a repair, exchange or refund if the fault occurs within 30 days of purchase (or delivery). If the fault with your Goods occurs within its Warranty period (normally 12 months from delivery) we will offer you a prompt repair or exchange service in line with Manufacturer’s Warranty. In all cases, we reserve the right to inspect the Goods and verify the fault. For an exchange or refund, the Goods must be in otherwise 'as new' condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Goods returned is deemed to have been damaged. Refunds for faulty goods include the applicable delivery charge
15.4. We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our website are intended for domestic use only and are not for commercial use or resale.
THIS RETURNS POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CITIZENS ADVICE CONSUMER SERVICE.
Model cancellation Form
To Petworth Equestrian at Unit 15, Faraday Court, Rankine Road, Basingstoke, Hampshire, RG24 8PF Email address: firstname.lastname@example.org Telephone number: 0845 2222313 I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)