Terms & Conditions
- THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we (The Saddle Bank Ltd) supply to you, whether these are goods, services, or digital content. By accessing our website and/or ordering Goods from us, you agree to be bound to these terms and conditions. Before placing an order, you will be asked to agree to these Terms and Conditions by ticking a box marked ‘I accept’. If you do not click on the button, you will not be able to complete your order. You are only permitted to purchase Goods from our website if you are eligible to enter a contract and are at least 18 years of age.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to The Saddle Bank Ltd. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is an error in these terms, please contact us. If you are not in agreement with these terms, you should not use our website, or products/services.
1.3 Business or private consumers
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
Any information or guidance produced or distributed by The Saddle Bank Ltd is as an information reference only for your interest, and should not be taken as a recommendation or replacement for the proper knowledge and advice that can be given by a professional in their given profession.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are The Saddle Bank Ltd, Unit 8 Phorpres Close, Vision Park, Hampton, Peterborough, PE7 8FZ, trading as The Saddle Bank. The Saddle Bank Ltd is an equestrian company providing new and used saddles, accessory products, and online training courses.
The Saddle Bank Ltd is a company registered in England and Wales. Our company registration number is 11885181 and our registered office is 70 Medeswell, Orton Malborne, Peterborough, PE2 5PB. Our registered VAT number is 323084725.
2.2 How to contact us.
You can contact us by telephoning our customer service team on 0345 030 4916 or by email at email@example.com or by writing to us at Unit 8 Phorpres Close, Vision Park, Hampton, Peterborough, PE7 8FZ.
2.3 How we may contact you.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place at point of payment if payment is made via Bank transfer or PayPal, or when we email you to accept it if your payment is made via our website direct, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and issue a full refund of any monies paid. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
When placing an order via our website we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS AND SERVICES
4.1 Used Saddles
4.1 a) Products may vary slightly from their pictures and sizes or descriptions of used saddles.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and/or marks, fading and scratches accurately, we cannot guarantee the accuracy of a device’s display. Your product may vary slightly from those images. The size and or description of used saddles is subjective and although assessed by a saddle fitter may vary to your saddle fitter’s or indeed your opinion. Please DO NOT purchase a saddle if you are not prepared to accept variations on these factors.
4.1 b) We only offer the trial service to the UK.
We are only able to offer the trial and return service in the UK. We only accept buy outright orders from addresses outside the UK.
4.1 c) Second-hand saddles
Second-hand saddles are permitted for a 5-day trial within the UK. However, the saddle is your responsibility during the trial period and excessive wear, any marks or any damage will result in a deduction from your refund due to you should you return the saddle.
4.1 d) Sold as seen
All goods are sold as seen on the website. It is your responsibility to read the advert fully and make further inquiries to The Saddle Bank Ltd should you need further information.
4.1 e) Faults
The Saddle Bank Ltd sells products in good faith that they are sound and fit for purpose. However, it is your responsibility to ensure the saddle is safe, sound and fit for purpose by having the product checked by a qualified saddle fitter during the trial period. The Saddle Bank Ltd accepts no liability or responsibility for products found to be faulty outside of the trial period.
4.2 New Saddles
4.2 a) Products may vary slightly from their pictures and sizes or descriptions of new saddles.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee the accuracy of a device’s display. Your product may vary slightly from those images. The size and or description of new saddles is based on manufacturer guidance. Each manufacturer fits differently. Please DO NOT purchase a saddle if you are not prepared to accept variations on these factors.
4.2 b) Trying on New saddles
New saddles are permitted to be tried on the horse provided a thin saddle cloth is used to protect and keep clean the underside of the saddle, and that your stirrup leathers are used underneath the main flap to ensure no marks are left on the main flaps.
Although we permit new saddles to be tried on, we do not permit 5 days’ worth of use in a new saddle as this will significantly mark the saddle, and as such it will no longer be classed as new.
Should a New saddle be returned in used condition, we reserve the right to deduct 20% from your refund for devaluing the saddle.
4.2 c) Sold as seen
All goods are sold as seen on the website. It is your responsibility to read the advert fully and make further inquiries to The Saddle Bank Ltd should you need further information.
4.2 d) Faulty items
The Saddle Bank Ltd sells products in good faith that they are sound and fit for purpose. All new saddles are sold with a manufacturer’s warranty, the terms of which vary between manufacturers. It is your responsibility to register your saddle with the manufacturer to enforce your warranty. The Saddle Bank Ltd accepts no responsibility for faulty saddles where you have not registered with the manufacturer.
4.3 Accessory Products
Brand new accessory products such as girths, stirrup leathers, bridles etc are NOT permitted for trial. We offer a 14 day returns policy on all new accessory products provided they are returned unused, in the original sealed packaging, unopened.
If you return an accessory product opened, used, or not in its original sealed packaging we reserve the right to reject your refund, or deduct 20% from your refund.
4.4 Digital Products
Digital products are those available on The Saddle Bank website such as online training courses. Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
4.5 Consignment Sales
4.5 a) Buying a saddle sold on behalf of a Third Party
The Saddle Bank Ltd openly sells products on behalf of Third Parties for a commission fee. If purchasing a product which The Saddle Bank Ltd is selling on behalf of a Third Party, you are accepting that we are acting as an agent in arranging and processing your order on behalf of the third party. By accepting these terms, you accept that we are the agent liaising between you and the Third Party and that we shall receive a percentage of the sale included in the total charges you pay.
4.5 b) Selling your saddle with The Saddle Bank
- Our commission fees are fixed and non-negotiable.
- As the owner of the saddle, you are responsible for costs incurred shipping the saddle to The Saddle Bank. You are liable for the saddle until it has been received by The Saddle Bank – please use a courier which is tracked, insured, and requires a signature.
- Saddles should be received clean and fit for purpose, please do not coat them in oil.
- The Saddle Bank does not accept saddles with broken tree’s, requiring re-flocking, or requiring repairs from a saddler. If a saddle is received in such condition, it will be returned to the owner for a return delivery charge of £25. Until the delivery charge is paid, the saddle will be held at a cost of £5.00 per week.
- We offer a trial period on saddles if requested by customers. This trial period is for 5 days and enables a more accurate fit for both horse and rider. Customers are held responsible for damage incurred to the saddle during the trial period. However general wear may occur. The full amount of the saddle is paid by the customer before the saddle is released on trial and deductions are made to the buyers refund for any damage incurred so you can be confident you will not lose any money.
- The Saddle Bank endeavours to sell your saddle as quickly as possible. However, there is no set time frame as to when your saddle will be sold.
- Whilst the Saddle Bank is in possession of your saddle, it will be cleaned with professional saddle soap and leather balsam.
- Should you change your mind, and request your saddle back, The Saddle Bank charges;
If the saddle is requested back within the first 4 weeks it is a £45 administration fee plus £25 delivery charge to return the saddle to you.
From week 4 onwards it is a £15.00 administration fee plus £25.00 delivery charge to return the saddle to you.
- The price discussed regarding your saddle’s worth is based on the information you provide and the photographs. If after inspecting the saddle, we feel the price may need to be increased or decreased we reserve the right to do so and will contact you to discuss this. The Saddle Bank aims to get the best possible price for you the owner, whilst ensuring it is fit for purpose and competitively priced for potential buyers.
- Payment is issued to you via Bank transfer, on the 30th day of the saddle being received by the new owner.
4.6 Classified Listings
4.6 a) Buying on The Saddle Banks Classified section
The Saddle Bank offers a classified section on the website for individual buyers to list saddles for sale. The Saddle Bank takes no responsibility for any purchase made as a result of a listing on the classifieds section of the website. It is the purchaser’s responsibility to make their own inquiries to the individual seller to find information on the accuracy, condition, suitability, and soundness of any products. The classified section is merely an advertising space.
4.6 b) Selling on The Saddle Banks Classified section
When listing an advert or uploading content to The Saddle Bank’s classified section, your advert must be honest, truthful, and a true representation of the product you are selling.
You are solely responsible for securing and backing up your content.
You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required and agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out below.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts)
- Be genuinely held (where they state opinions)
- Comply with applicable law in the UK and in any country from which they are posted
Contributions must not:
- Contain any material which is defamatory of any person.
- contain any material which is obscene, offensive, hateful, or inflammatory.
- promote sexually explicit material.
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- infringe any copyright, database right or trademark of any other person.
- be likely to deceive any person.
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity.
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
- be likely to harass, upset, embarrass, alarm, or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- give the impression that they emanate from us if this is not the case.
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The views expressed by other users on our website do not represent our views or values.
4.7 Saddle Fitting
4.7 a) Saddle Fitting Fees
The Saddle Bank take full payment at the time of booking your appointment. The full balance must be received to secure your booking. This is refundable up to 72 hours prior to your appointment. If you wish you cancel or amend your booking please let us know as soon as possible by emailing firstname.lastname@example.org or calling 0345 030 4916.
Within 72 hours of your appointment, the deposit is non-refundable.
Any travel charges will also be payable at the time of booking.
4.7 b) Payment of saddles
Payment for saddles sold on fitting appointments is due at the time of the fitting. Payment can be made by Bank transfer, or via debit/credit card with the saddle fitter calling through to the office. In the event there is no signal at your yard, payment will be due with immediate effect upon the saddle fitters return to the office. Any saddles or products sold on site remain the legal property of The Saddle Bank Ltd until payment has been received in full.
4.7 c) Returns of saddles
The Saddle Bank permit a 5-day trial on used saddles sold on fitting appointments. If you decide that the saddle is not suitable for your horse during the trial period, please contact The Saddle Bank to arrange return of the saddle. Courier costs to transport the saddle back to The Saddle Bank are at your cost.
5.1 Price Amendments
The Saddle Bank Ltd reserves the right to amend prices at any time without notice
5.2 Price accuracy and errors
The Saddle Bank Ltd endeavours to ensure prices on the website are accurate at all times. In the event a product price is incorrect on the website, we will notify you to find out if you wish to continue with the purchase at the correct price or cancel the order. The order will not be processed until we have spoken to you to confirm if you would like to proceed at the correct price or cancel your order. If we do not hear from you within 3 working days, the order will be cancelled, and any payment received will be refunded.
5.3 Payment method
Payments must be made by the payment methods displayed on the website. We take reasonable care to keep the details of the order and payment secure. In the event of negligence on our part, The Saddle Bank Ltd is not held liable for any loss or damage suffered by you if a third party makes unauthorised access to any data you provide whilst accessing or ordering from the website.
5.4 Payment and saddle trials
Payment for the Order must be made in full before any products are dispatched. If checking out on the website, once your payment has been received you will receive an order confirmation. This confirmation means that the details of your order will be transferred to us, and we will begin processing your order.
- SADDLE TRIALS
6.1) Trial Policy
Second-hand saddles are permitted on a 5-day trial within mainland UK. We reserve the right to not permit trials on new, or nearly new saddles as the wear from the trial could result in devaluation of the Goods.
The trial period specified on the website is inclusive of weekends and public holidays.
Saddles are dispatched for trial upon receipt of full payment. Your trial begins on the day you receive the saddle.
It is advisable to get a qualified saddle fitter to check the fit of the saddle during your 5-day trial to ensure the saddle is sound, fit for purpose, and suitable for both horse and rider.
It is your responsibility to have the saddle checked during this period.
Throughout the Trial Period the risk of loss, theft, damage or destruction of the Products shall pass to you and it shall remain your sole risk and for such further period before which the Products are redelivered and received by Us (‘the Risk Period’). We advise that you take adequate measures to protect against these eventualities.
6.2) Returning a saddle from trial
If the saddle is not suitable you must notify The Saddle Bank by day 5 of the trial by completing the returns form on the website.
Once the saddle has been received back, the saddle will be inspected, and your refund will be processed within 3 working days. Please allow a further 3-5 working days for the refund to show in your account.
The Saddle Bank reserves the right to refuse to accept a return of a saddle following trial which has incurred damage during the trial, or during return transit.
You are responsible for the saddle until it has been safely received by The Saddle Bank Ltd. If the product is lost or damaged during return in transit by the courier, then you are held liable and must make a claim with your chosen courier.
If the Saddle Bank Ltd has arranged the return courier at a cost, then The Saddle Bank will make the claim from the courier. Please allow 14 working days from the date the saddle is reported ‘lost’ for The Saddle Bank Ltd to get the situation resolved, and your refund to be issued.
6.3) Acceptance of your saddle
You shall be deemed to have accepted the products as suitable for your requirements and fit for purpose, therefore concluding the sale if.
- The Saddle Bank has not been notified that the saddle will be returned during the trial period. The Saddle Bank Ltd must be advised during the trial period if a return is to be processed, even if the product is to be returned late incurring the penalty charge.
- The Saddle Bank Ltd has not received the Goods back by the expiration of the trial period and has not been notified by you that you intend to return the Goods.
- The Saddle Bank Ltd may attempt to contact you during the trial to assess whether you will be keeping the Goods. However, The Saddle Bank is in no obligation to contact you to confirm if you will be keeping the Goods.
- It is your responsibility to inform The Saddle Bank Ltd if the saddle is not fit for purpose or for your requirements during the trial period.
- Once the sale has been concluded in accordance with clause 60, The Saddle Bank Ltd reserves the right to not process returns, or refund requests for any reason.
- In accordance with clause 23, The Saddle Bank Ltd will not accept liability on any saddle to be found faulty or damaged after the trial period.
6.4) Trial Charges
You are liable for carriage charges both ways which are non-refundable. The return postage charge will be deducted from the refund due to you.
You are liable for a trial fee of £10 which contributes towards admin/packaging/handling/cleaning costs associated with the trial. This will be deducted from the refund due to you. If you are not happy with these terms you should not proceed to purchase a saddle.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- PROVIDING THE PRODUCTS
9.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
9.2 When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If the orders are bespoke delivery may take longer, we will deliver the products as soon as possible, time will not be of the essence for bespoke orders.
9.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4 Collection by you. If you have agreed or we have asked you to collect the products from our premises, you can collect them from us at any time during our working hours of 9am till 4pm on weekdays (excluding public holidays).
9.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
9.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
9.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.2 will apply.
9.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
9.9 When you own goods. You own a product which is goods once we have received payment in full.
- YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12. if you are a consumer and Clause 13. if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
10.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of:
(a) Products which are bespoke orders;
(b) digital products after you have started to download or stream these;
(c) services, once these have been completed, even if the cancellation period is still running;
(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(f) any products which become mixed inseparably with other items after their delivery.
(g) any products opened and used
(h) any saddles purchased and completing the 5-day trial period accepting them as now being tried and used by them
10.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
10.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) 10% of the price of the goods as compensation for the net costs we will incur as a result of your ending the contract.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. E. mail us at email@example.com. Please provide your name, home address, details of the order and your phone number and email address.
(b) Phone. Call us on 0345 030 4916
11.2 Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us Unit 8 Phorpres Close, Vision Park, Hampton, Peterborough, PE7 8FZ or (if they are not suitable for posting) allow us to collect them from you. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
11.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection
11.5 How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
12.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you 10% of the price paid as compensation for the net costs we will incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or Unit 8 Phorpres Close, Vision Park, Hampton, Peterborough, PE7 8FZ.
11.2 We provided a Warranty of six months from the date of purchase. This Warranty does not affect your Statutory Rights. The Warranty that we provide is that we will replace faulty goods with the same or similar product provided that you notify us of the fault within 6 months of the date of purchase.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
14.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a saddle, girth, stirrup leathers, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
14.2 Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at email@example.com for a return label or to arrange collection.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
15.1 If you are a business customer we warrant that on delivery, and for a period of 3 months from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
15.2 Subject to Clause 13.3, if:
(a) you give us notice in writing during the warranty period that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
15.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
15.4 Except as provided in this Clause 13., we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
15.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
- PRICE AND PAYMENT
16.1 Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
16.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
16.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
16.4 When you must pay and how you must pay.
We accept payment by Debit/Credit card via Sage Pay/Opayo/WorldPay, PayPal, and Bank transfer. You must pay for the products before we dispatch them.
16.5 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16.6 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclay’s Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
16.7 What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
17.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 12.1; and for defective products under the Consumer Protection Act 1987
17.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
17.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.5 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 16.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
18.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
18.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
18.3 Subject to Clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to One Hundred per cent (100%) of the total sums paid by you for products under such contract.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
19.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
19.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where you have asked us to provide your details to saddlers for them provide a saddle fitting service.
- OTHER IMPORTANT TERMS
20.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
20.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at Clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
20.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
20.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
20.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
20.7 Alternative dispute resolution if you are a consumer.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, details will be provided on request. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
20.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To The Saddle Bank Ltd, Unit 8 Phorpres Close, Vision Park, Hampton, Peterborough, PE7 8FZ
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 [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date[*] Delete as appropriate