Application
- These Terms and Conditions will apply to the purchase of goods and use of our Website by you (the Customer or you). We are LH Equine Services with email address leanne@lhequineservices.co.uk; (the Supplier or us or we).
- LH Equine services is an online retailer of new and used horse saddles. Our service is to fulfill your Order for equestrian saddles advertised and purchased on our website and via other mediums.
- These are the terms on which we sell all Goods to you. By accessing our Website and/or ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. 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.
- It is your obligation to ensure that any person who accesses our website through your internet connection is aware of these terms.
- Any information or guidance produced by or distributed by LH Equine Services is 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. It is your responsibility to read these terms and conditions. If not in agreement with these terms, you should not use our website, or products/services.
- LH Equine Services reserves the right to amend, change and update these terms and conditions at any time.
Interpretations
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contact means the legally-binding agreement between you and us for the supply for Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- 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;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier s submitted following the step by step process set out on the Website;
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Website means our website Lhequineservices.co.uk on which the Goods are advertised.
Goods
- The description of the Goods is as set out in the Website, catalogues, brochures, social media posts 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.
- 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.
- All Goods which appear on the Website are subject to availability.
- 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.
Personal Information
- We retain and use all information strictly under the Privacy Policy.
- We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- 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.
- All products are sold as seen and described in their individual adverts. It is your responsibility to read the advert fully, and make any further inquiries to The Saddle Bank Ltd should you need further information.
- LH Equine Servicesbsells 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. LH Equine Services accepts no responsibility for products found to be faulty outside of the trial period.
- The Order process the Website takes you through enables you to exit check out prior to making payment should you need to amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- LH Equine Services openly sell products on behalf of Third Parties for a commission fee.
- LH Equine Services attempts to ensure the website is up to date and accurate. In the event a product has sold but is still live on the website, we reserve the right to cancel your order if the product has already sold.
- LH Equine Services reserves the right to amend, change, update or remove the website or content on the website at any time without notifying users of the website.
- A Contact will be formed for the sale of 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 (ie 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.
- 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.
- 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, eg by giving you rights as a business.
Price and Payment
- LH Equine services endeavours to ensure prices on the website are accurate at all times.
- LH Equine services reserves the right to amend prices at any time without notice.
- 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 cancelling the order. The order will not be processed until we have spoken to you to confirm. If we do not hear from you within 3 working days, the order will be cancelled and any payment received will be refunded.
- Payment must be made by 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, LH Equine services 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.
- If purchasing a product which LH Equine services s 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 that you pay.
- Once payment has been received by us, you will receive an Order Confirmation order at which point the contract is binding between you and LH Equine services.
- Payment must be made in full before any Goods are released for dispatch.
Delivery
- 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.
- Orders are delivered by DPD Local within the UK, EU and USA, and occasionally UPS to EU and USA whichever LH Equine services deem more appropriate at the time. Delivery charges are advised on the relevant page of the website.
- If we agree to accept an Order for delivery outside of Mainland UK, you may need to pay import duties or other taxes, as we will not pay them.
- LH Equine services attempts to deliver the products to you by the estimated delivery date. LH Equine services does not accept any loss or damage as a result of the products not being delivered on the estimated date.
- In certain circumstances such as but not limited to bad weather, or poor road conditions, the courier may struggle to deliver within expected time frames. Neither LH Equine services or the courier accept liability for late deliveries as a result.
- It is your responsibility to ensure you or your nominee are available to sign and accept the delivery on the specified delivery date.
- If delivery is attempted but unsuccessful, the courier may charge an additional charge for redelivery. This cost is passed to you and must be paid prior to delivery being reattempted. If you then decide to have the Goods returned to LH Equine services , you will be liable for all carriage costs incurred.
- Our parcels are insured to the value required. If the value of the product is over £1000 a higher delivery charge may be applied to cover the premium charged by the courier.
- If the parcel is received damaged or in poor condition, it is your responsibility to photograph in detail the packaging prior to opening.
- If the product is found to be damage once opened, you must photograph the damage and email full details to leanne@lhequineservices.co.uk Transit damage which is not reported on the day of delivery is omissible meaning you could be held liable for the damage to the product.
- 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.
Trial and Returns
- LH Equine services permit trials on certain saddles. We reserve the right to not permit trials on new, or nearly new saddles as the wear from the trial will or could result in devaluation of the Goods.
- The trial period is specified on our website and is inclusive on weekends and public holidays.
- In order to trial a product, you are required to pay the full sale value in full as a holding fee, plus the cost of carriage.
- During the trial period you are fully responsible for the Goods. By purchasing a product from our website, you are accepting full responsibility and risk. Should any loss or damage incur during the trial you will be held liable.
- If the saddle is found to be not suitable during the trial period, it must be returned to us in the same condition it left The Saddle Bank Ltd, at the latest of the following day after the trial expires. If the product is not received back by this day it could incur penalty charges of £5 per subsequent day the saddle is not received.
- You are liable for any return costs.
- Where the saddle is to be returned, we must be notified no later than day 4 of the trial.
- The saddle should be returned in the same packaging it was received in, unless the packaging is damaged and unsafe to transport the goods in.
- LH Equine services reserves the right to refuse to accept a return of a saddle following trial which has incurred damaged during the trial or during return transit.
- You are responsible for the saddle until it has been safely received by LH Equine services. 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 LH Equine services has arranged the return courier at a cost, then LH Equine services will make the claim from the courier. Please allow 7 working days from the date the saddle is reported ‘lost’ for LH Equine services to get the situation resolved, and your refund to be issued.
- You shall be deemed to have accepted the products as suitable for your requirements and fit for purpose, therefore concluding the sale if;
- LH Equine services has not been notified that the saddle will be returned during the trial period. LH Equine services 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.
- LH Equine services 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.
- LH Equine services may attempt to contact you during the trial to assess whether you will be keeping the Goods. However, LH Equine services is in no obligation to contact you to confirm if you will be keeping the Goods.
- It is your responsibility to inform LH Equine services 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, LH Equine services reserves the right to not process returns, or refund requests for any reason.
- In accordance with clause 23, LH Equine services will not accept liability on any saddle to be found faulty or damaged after the trial period.
- Once a saddle has successfully been returned, LH Equine services will inspect the saddle fully. Refunds due will be processed within 7 working days.
- The refund processed is the saddle sale price, minus any amount The Saddle Bank Ltd sees fit for any damage incurred and minus the specified trial fee. Carriage outwards is non-refundable.
- If you have requested LH Equine services to arrange return courier, this fee will also be deducted prior to any refunds being issued.
Commission on sales
1. Saddles sold at £1500 upwards will have 30% commission taken
2. Saddles sold at £500- £1499 will have 25% commission taken
3. Saddles sold up to £500 will have 20% commission taken
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full and the trial has expired, concluding the sale.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability
- You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us reason and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods in the following circumstances:
- Goods that are made to your specifications or are clearly personalised;
- Goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- In the case of any sales contract, if the goods become mixed inseparably with other items after delivery.
- If the Goods have been used or removed from their packaging.
Right to Cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you or your nominated third party acquires physical possession of the last of the Goods.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by email sent to Leanne@lhequineservices.co.uk. We will confirm receipt of the cancellation request and advise you on where to return the Goods to.
- 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.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction of Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
- Use of the Goods, whether new or used, on a horse, removes your rights to this cancellation period, and therefore no refund will be permitted.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if not Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are information about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction.
Returning Goods
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 31 Watersfield Way, Toftwood, Dereham, NR19 1 SQ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purpose of these Cancellation Rights, these words have the following meanings:
- Distance contract means a contract concluded between a trader and consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- Sales contract means contract under which a trader transfer or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity
- We have a duty to supply the Goods in conformity with the Contract. Goods supplied are sold in good faith that they are of satisfactory quality, fit for purpose, and conform to their description. However, it is your responsibility to ensure the Goods are sound, fit for purpose, and of satisfactory quality by having a qualified saddler check over the saddle during the trial period.
Excluding Liability
- The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or 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 the Contract was made, or (ii)loss (eg loss of profit) to the Customers 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.
- LH Equine services Ltd shall not be held liability for any loss suffered by you or third party as a result of the products and services provided by LH Equine services.
- By agreeing to these terms, you are agreeing to indemnify and keep indemnified LH Equine services and its representatives, holding LH Equine services and its representatives harmless against any loss or damaged suffered by LH Equine services products and/or services in accordance with these terms and as a result of your breach of these terms.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual maters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales.
- We try to avoid any dispute, so we deal with complaints in the following way: Complaints should be submitted in writing via email to leanne@lhequineservices.co.uk specifying the date your Order was place, the product(s) your ordered, the reason for your complaint, and your expected resolution. We will respond as promptly as possible; however, we aim to respond within 7 working days.
Intellectual Property
- Content contained and published on the website or other mediums by LH Equine services is protected by copyright, trademarks and other intellectual property rights. You may not reproduce, copy, use, modify or distribute content found at any point on our website, even after it has been removed.
- If you are found to have breached terms in association with clause 7.1 your right to use our website will cease immediately, and you must destroy any copies of the materials you have made.
Helpline
- To contact us at please do so via emailing us at leanne@lhequineservices.co.uk
- If you wish to make a complaint please do so in writing to LH Equine services, 31 Watersfield Way, Toftwood, Dereham NR18 1SQ or email leanne@lhequineservices.co.uk We will attempt to respond to your complaint as soon as possible. However, please allow 7 working days for a reply from the date of receipt of your complaint.