Top Barn Horsemanship Centre Terms & Conditions
WE STRONGLY RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS EVERY TIME THAT YOU USE THIS WEBSITE AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
This website is operated by Top Barn Horsemanship Centre (referred to as “Top Barn Horsemanship/we/our/us”). As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (‘use/using”) is subject to our terms and conditions below:
• 1.1 These terms and conditions may be changed at any time and these changes will apply as soon as they are published on this website. We recommend that you read these terms and conditions every time you use this website as they may have changed since the last time you used this website.
• 1.2 You confirm that you have the authority to bind yourself or any business that you represent to these terms and conditions.
• 1.3 Where a service on this website requires registration you will be required to use an approved login name and password which must be used at all times that you access that service. You must provide complete and accurate information. Your password details must not be divulged to anybody else and you should tell us if you have any concerns about the use or misuse of your password details.
2. Order Acceptance
• 2.1 When you have completed your order we will send you an email acknowledging your order and detailing the products you have ordered. For the avoidance of doubt this email does not constitute an order confirmation nor order acceptance from us.
• 2.2 Your order will have been accepted and the contract between you and us will be completed when we dispatch to you the products that you have ordered. Until that time we may decline acceptance of your order. See additionally clause 4.1 below.
• 3.1 On this website where estimated timescales for delivery are given we will make reasonable efforts to deliver goods within those timescales. Delays are sometimes inevitable due to uncontrollable factors and Top Barn Horsemanship shall be under no liability for any delay or failure to deliver the products within estimated timescales.
• 3.2 Risk of loss or damage of products passes to you when products are delivered or when the first attempt at delivery of the products has been made.
• 3.3 Your goods are insured by us whilst they are in transit and until they are delivered to you. We require that you (or anyone authorised by you) sign for your delivery on arrival at which time responsibility for the goods passes to you. Evidence of any such signature is taken as evidence of delivery. Please be aware that if you ask for a parcel to be left without a signature then responsibility for that parcel passes to you when it is deemed to have been delivered by our freight forwarders. In such circumstances you will have no valid claim against us if that parcel goes missing or is damaged.
• 3.4 Our products are sold with UK VAT (value added tax), where applicable, to customers located in an EU country. UK VAT will be removed from all products (where applicable) that are sold to customers located outside the EU. PLEASE NOTE: Where you are located outside of the EU you will be responsible for any duties and taxes payable on your order on arrival in your delivery country. Because customs policies vary between countries we cannot predict what these charges may be, nor do we have any control over them. If you would like to know what your liability may be we recommend you contact the relevant tax authorities in your delivery country before you place an order with us. Please be aware that delays at customs are outside our control and may affect the time in which it takes your order to arrive with you.
• 4.1 In order to protect both you and us we will validate personal information supplied by you during the ordering process with approved third party organisations. You agree to these checks being carried out. Information that you provide will be treated in accordance with the Data Protection Act 1998.
• 4.2 We try to ensure that all prices on the website are correct but errors may occur. Where we discover an error in the price of goods that you have ordered we will inform you as soon as reasonably practicable and give you the option of paying the correct price or cancelling your order. If you cancel your order we will give you a full refund. If we cannot contact you within a reasonable period of time we will treat the order as cancelled.
• 4.3 Title to any products ordered passes to you after we have received full payment and the products have been delivered, or when the first attempt at delivery of the products has been made.
5. Returns and Cancellations
• 5.1 Please see the Deliveries and Returns section.
6. Intellectual Property
• 6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licencors. You are permitted to use this material only as expressly authorised by us or our licencors.
• 6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works or such material and content.
7. Liability and Indemnity
• 7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
• 7.2 Top Barn Horsemanship Centre will use reasonable endeavours to verify the accuracy of any information on the website but makes no representation or warranty of any kind express or implied, statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. Top Barn Horsemanship Centre will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Top Barn Horsemanship Centre accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
• 7.3 Other than as expressly provided in these terms and conditions with respect to specific products, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
• 7.4 Subject to Section 7.1 above, Top Barn Horsemanship Centre will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or otherwise out of or in connection with the terms and conditions for any:
• 7.4.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• 7.4.2 loss of goodwill or reputation; or
• 7.4.3 special or indirect losses. Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
• 7.5 Notwithstanding the above, subject to Section 7.1, Top Barn Horsemanship Centre’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
• 7.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
• 8.1 The contract between us shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
• 8.2 We have selected our products on the basis that they will be used for leisure use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
• 8.3 Top Barn Horsemanship Centre shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
• 8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly for:
• 8.4.1 the privacy practices of such websites; and/or
• 8.4.2 the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; and/or
• 8.4.2 the use to which others make of those websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of, or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
• 8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Top Barn Horsemanship Centre.
• 8.6 Top Barn Horsemanship Centre reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
• 8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
• 8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
• 8.8.1 a person who is a permitted successor or assignee under Section 8.8 above of the rights and benefits of these terms and conditions may enforce such rights or benefits;
• 8.8.2 no consent from the persons referred to in Section 8.6 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
• 8.9 No delay or failure by Top Barn Horsemanship Centre to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Top Barn Horsemanship Centre.
• 8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Top Barn Horsemanship Centre in relation to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Top Barn Horsemanship Centre for your use of this website.
• 8.11 Nothing in these terms and conditions will affect your statutory rights.
This Top Barn Horsemanship Centre website is operated by:
Top Barn Horsemanship Centre