- Terms and Conditions
Terms and Conditions
'Customer' means you.
'Goods or services' means the any goods available on this website and/or or services (as appropriate) to be provided by us to you under this agreement.
'Writing' includes facsimile transmissions and e-mails.
|2.1||An order for goods or services placed by you, the customer, through our websites shall be subject to this agreement|
|2.2||All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.|
|2.3||Nothing in this agreement shall affect the statutory rights of any consumer|
|3.1||All orders for goods or services shall be deemed to be an offer by you to purchase goods or services pursuant to this agreement|
No order submitted by you shall be deemed to be accepted by us unless and until we confirm acceptance of your order by e mail (where applicable) or by telephone
|3.4||We are entitled to refuse any order placed by you and will not be required to provide an explanation.|
|4||Goods or Services|
|4.1||The goods or services may differ slightly from the images shown on our websites.|
|4.2||We reserve the right to substitute products of a similar description and standard if the requested goods or services are not available but will use reasonable endeavours to match your order exactly. In the unlikely event of you receiving a substituted product you shall be entitled to return the goods or services for a full refund within 10 working days from the date of delivery, should the substituted product not be acceptable to you.|
|5||Price and Payment|
|5.1||The price of the goods or services will be the price quoted on the website at the date the order is received and will include VAT and delivery in the United Kingdom unless specified otherwise or as agreed in writing by us.|
|5.2||You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.|
|5.3||We reserve the right, by giving notice to you at any time before delivery to increase the price of the goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).|
|5.4||In the unlikely event of there being such an increase in the price of the goods or services you shall be entitled to cancel the order at any time before delivery.|
|6.1||When we provide any goods or services to you under this agreement, payment will normally be charged to the credit card account provided by you on the website order form.|
|6.2||By placing an order, you consent to payment being charged to your credit card account as provided on the order form.|
|6.3||Alternatively, we may invoice you at any time after you have placed an order. Payment is due within seven days of the date of our invoice.|
|6.4||If you fail to make any payment within 7 days of the due date then, without prejudice to any other right or remedy available to it, we may:|
|6.4.1||Cancel your order and suspend any further deliveries to you;|
|6.4.2||Appropriate any payment made by you to such invoices as we may think fit (notwithstanding any purported appropriation by us); and/or|
|6.4.3||charge you interest (both before and after judgment) on the amount outstanding on a daily basis at the rate of 4 % per annum above the base rate of the Bank of England from time to time until all outstanding amounts are paid in full.|
|6.5||We only accept GBP (Sterling).|
|6.6||Title to the goods or services will pass to you on payment in full of the price of the goods or services.|
|6.7||We will issue you with an electronic receipt to your email address once the goods or services have been dispatched.|
|7.1||The goods or services will be delivered to you at the address provided by you on the order form. Goods can only be posted out to the cardholders billing address.|
|7.2||The risk in the goods or services shall pass to you upon such delivery taking place.|
|7.3||We shall not be liable to you for short delivery of the goods or services however caused but will provide you with the outstanding goods or services as soon as is reasonably practical. If however we have not delivered the outstanding goods or services within 7 days from the first date of delivery you shall be entitled to cancel the order for the outstanding goods or services.|
|7.4||Notwithstanding delivery and/or the passing of risk in the goods or services, the goods or services shall remain our property until you have paid to us all sums outstanding under this agreement.|
|7.5||If the goods or services are combined with goods or services the property of you or are incorporated therein, the product thereof shall become and/or shall be deemed to be our sole and exclusive property. If the goods or services are combined with goods or services the property of any person other than you or are incorporated therein, the product thereof shall become or shall be deemed to be owned by us in common with that other person.|
|7.6||Until such time as the property in the goods or services passes to you, you shall hold the goods or services as our fiduciary agent and bailee, and shall keep the goods or services separate from those of you and third parties and properly stored, protected and insured and identified as our property, but shall be entitled to resell or use the goods or services in the ordinary course of its business.|
|7.7||In the event of you becoming insolvent or having a receiver appointed of the whole or any part of your property or compounding with your creditors or going into liquidation or in the event of payment for any goods or services being overdue then and in any such event it shall be lawful for us, our servants, officers or representatives to enter upon your premises and recover possession of any goods or services belonging to us for which we have not been paid and to take away such goods or services.|
|7.8||Until such time as the property in the goods or services passes to you (and provided the goods or services are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the goods or services to us, and if you fail to do so forthwith, to enter upon any premises of you or any third party where the goods or services are stored and repossess the goods or services.|
|7.9||In the event of any goods or services being sold or otherwise disposed of by you before we have been paid for them in full, then the entire proceeds of sale thereof and/or any other monies received by you or by a factor or by any other person (except a purchaser of goods or services in good faith without notice of this Condition 7.9) in connection with the sale, disposal or factoring of the goods or services or of invoices dealing with the goods or services (whether such monies are received by your own customers or from factors or other third parties) shall be held in trust for us and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as our monies unless and until all monies due to us have been fully paid. You shall give written notice of this Condition to any factor or other person except a purchaser of goods or services in good faith.|
|7.10||In the event of certain goods or services having been paid for by you and other goods or services not having been so paid for the onus of proof shall be on you to show that any goods or services remaining in your possession are goods or services for which you have paid.|
|7.11||You appoint us as your agent with full authority to execute on your behalf any document or instrument which may be required in order to perfect our title and interest in the goods or services.|
|7.12||You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods or services which remain the property of us, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.|
|8.1||You warrant that all details provided on the order form for the purpose of purchasing the goods or services are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods or services|
|9.1||We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:|
|9.1.1||Act of God, explosion, flood, tempest, fire or accident;|
|9.1.2||War or threat of war, sabotage, civil disturbance or requisition;|
|9.1.3||Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;|
|9.1.4||Import or export regulations or embargoes;|
|9.1.5||Strikes, lock outs or other industrial actions or trade disputes;|
|9.1.6||Difficulties in obtaining raw materials, labour, fuel, parts or machinery;|
|9.1.7||Power failure or breakdown in machinery.|
|9.2||If we are prevented from carrying out our obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.|
|9.3||Except where you, the customer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods or services.|
|9.4||Except in respect of death or personal injury caused by our negligence, we will not be liable to you for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods or services other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.|
|9.5||Subject to the provisions of Condition 9.4, we shall not be liable to the you by reason of any breach of our contractual obligations arising under this agreement or any mis-representation, mis-statement or tortious act or omission including negligence arising under or in connection with this agreement for any sum exceeding 125% of the price payable by you to us under this agreement in respect of any single incident or series of connected incidents.|
|10.1||The copyright in the material contained in his website and any trademarks and brands included in that material belongs to us or our licensors.|
|10.2||Unless agreed otherwise in the course of this agreement, all intellectual property rights in Our Input Material, the goods or services and the product of the Services (excluding Your Input Material) shall be the property of us, subject to a non-exclusive royalty-free licence for you to use the goods or services for the purpose for which the goods or services were purchased, as notified by you to us.|
|10.3||Each party (the 'Indemnifying Party') will indemnify the other party (the 'Indemnified Party') against any damages, costs and other liabilities that may be awarded against or payable by the Indemnified Party to any third party in respect of any claim or action that the Indemnified Party's use of the Indemnifying Party's Input Material in accordance with these Conditions infringes the intellectual property rights of any third party provided that the Indemnified Party:|
|10.3.1||Gives notice to the Indemnifying Party of any such suspected intellectual property rights infringement forthwith upon becoming aware of the same;|
|10.3.2||gives the Indemnifying Party the sole conduct of the defence to any claim or action in respect of an intellectual property rights infringement and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express instructions of the Indemnifying Party; and|
|10.3.3||acts in accordance with the reasonable instructions of the Indemnifying Party and gives to the Indemnifying Party such assistance as it shall reasonably require in respect of the conduct of the said defence including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.|
|10.4||You may download or copy the content and other down loadable items displayed on the website subject to the condition that the material may only be used for personal non commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.|
We shall be entitled to a general lien over all goods or services and property of you in our possession and shall be entitled on the expiration of 14 days notice to dispose of such goods or services or property in such manner and at such price as it thinks fit and to apply the resulting sums against any sums owed to it.
|12||Right for you to cancel your contract (see refunds and exchange policy to clarify)|
|12.1||You may cancel your contract with us for the goods or services you order at any time up to the end of the tenth working day from the date you receive the ordered goods or services. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty but you must notify us in writing.|
|12.2||You cannot cancel your contract if the goods or services you have ordered are sale items.|
|12.3||If you have received the goods or services before you cancel your contract then unless, under clause 13.2, you do not have a right to cancel you must send the goods or services back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods or services for delivery you must not unpack the goods or services when they are received by you and you must send the goods or services back to us at our contact address at your own cost and risk as soon as possible.|
|12.4||Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re credited to your account as soon as possible and in any event within 30 days of your order provided that the goods or services in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods or services delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods or services from the amount to be re credited to you.|
|12.5||In respect of services supplied by us, we shall pay a full refund for all services cancelled in writing at any time before we commence the service. We shall pay an apportioned refund for any part completed services.|
|12.6||When returning items that are deemed to be faulty, please get a proof of posting. The return address for goods is: Swish Equestrian, Returns Department, The Wheel House, Thorganby, York, YO19 6DA. The Company shall be under no liability in respect of any defect arising from your fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow manufacturer’s instructions, misuse, alteration or repair of the goods or services.|
|13||Cancellation by us|
|13.1||We reserve the right to cancel the contract between us if:|
|13.1.1||we have insufficient stock to deliver the goods or services you have ordered;|
|13.1.2||we do not deliver to your area; or|
|13.1.3||One or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.|
|13.2||If we do cancel your contract we will notify you by e mail and will re credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.|
|14.1||We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Please note product colours on the website may vary slightly from the actual colour.|
|14.1||All descriptive matter and specifications of the goods or services on the website are for the sole purpose of giving an approximate description of the goods or services.|
|14.1||We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or the entire website without notice or liability.|
|16.1||we may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.|
|16.2||If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.|
|16.3||English law will apply to this Agreement, and the parties agree to submit to the non exclusive jurisdiction of the English courts.|
|16.4||The headings in this Agreement are for convenience only and will not affect their interpretation.|
|17||Queries and Complaints|
|17.1||We aim to respond to e mail, faxed and written queries within 48hrs. Our Customer Services can answer your telephone queries Monday to Friday between 9.00am and 5.00pm.|
|17.1||In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.|
- The information we collect and how we use it
When you register on our website www.swish-equestrian.co.uk (‘the Site’) we need to know your name, postal address, e-mail address and telephone number. We gather this information to allow us to process your order. This information is then used by us, our agents and sub-contractors to provide the services specified on the Site which we may provide from time to time. We may also wish to update you with information about the Site or any other service or products we think may be of interest to you. We may also use aggregate information and statistics for the purposes of monitoring the Site usage in order to help us develop the Site and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual. We may also want to provide you with related information from third parties we think may be of interest to you. We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. Swish Equestrian will not store any card details used to process your order.
When you view the website, we may store some information on your computer. This will be in the form of a "cookie" file, which is used to store order information before it is sent to us. The cookie file is used to store the item details, quantities and prices used in the shopping bag and will not contain any data personal to you. Your Internet browser may allow you to erase the cookie file, block all cookies or receive a warning before a cookie is stored, although, in that case, you may not be able to use certain features on the website. The following website may assist you: www.aboutcookies.org
- How we protect your information
The internet is not a secure medium. However we have put in place various security procedures as set out in this policy. All sensitive information required for logins and changing of your own personal information is held in an encrypted format.
We also keep your information confidential. Our internal procedures cover the storage, access and disclosure of your information.
- Updating your details
If any of the information that you have provided to us changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please use the edit details section of the Site in the ‘My Details’ area on the Site.
- Your consent
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.
- Payment Security
Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
So when buying through our site, you can be sure that you are completely protected.
More information about shopping securely with Sage Pay can be found at www.sagepay.com/shoppers