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Terms & Conditions


Progress Equestrian Terms and Conditions (‘Terms’)

General

1. The owner of this web site (the ‘Site’) is Progress Equestrian whose address is 11/12 Hingley Street, Cradley Heath, West Midlands, B64 5LA our Registration number is 06736601 and registered office is Finch House, 28-30 Wolverhampton Street, Dudley, West Midlands, DY1 1DB


2. Your contract for purchases made through the Site is with us and you undertake that any and all goods ordered by you are for your own private and domestic use only.


3. You must be eighteen years old to use this Site. If you are under eighteen, you may only use this Site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this Site.

4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.


5. No contract for the sale of any product will subsist between you and Progress Equestrian until we dispatch the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by us of your offer to buy goods from us.

6. You agree that e-mail can be used as a long-distance means of communication.


7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.


8. The confirmatory e-mail will also contain a link to these Terms and Conditions, and may be amended in accordance with paragraph 37 below from time to time.


9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.


10. We will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.


11. You undertake that all details you provide to us for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods ordered.


12. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.


13. All purchases are non-exchangeable, non-refundable and non-transferable unless otherwise provided for under these Terms and Conditions.


14. You may withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 14 working days after the day after you receive the product by:


I. sending the notice of cancellation by email to admin@progressequestrian.co.uk ensuring that you quote your name, address and order reference number; or


II. where you have already received the goods, returning the goods to us unopened together with the original invoice. We will refund you the purchase price of the goods.


15. Once we receive notification from you that you wish to withdraw from the contract (in accordance with these Terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by us in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to us.


16. We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion. We also reserve the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.


Liability


17. This section applies only to the extent permitted by law. For the avoidance of doubt, we do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from our negligence or wilful default, or that of our employees, agents or subcontractors or (b) fraudulent misrepresentation.


18. We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of the listed goods.


19. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.


20. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.

21. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND WE MAKE NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR GOODS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.


22. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.


23. You and Progress Equestrian will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.


24. The goods sold on the Site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any goods purchased from us.

Processing of orders


25. Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.


Delivery/title/risk


26. Any period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.


27. If your delivery address is outside of the England, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; we advise each customer to contact their local customs office for further information.


28. Please note that when shipping goods internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.


Miscellaneous


29. We shall have no liability to you for any delay in the delivery of goods ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.


30. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.


31. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.


32. You may not permit, create unauthorised framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.


33. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.


34. Subject to the licence granted to you to use the Site, we reserve all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of our Intellectual Property Rights and any trade marks, trade and business names and service marks under this Agreement will vest in us.


35. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.


36. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:


I. you fail to make any payment to us when due;


II. you breach the terms of this Agreement (repeatedly or otherwise);


III. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;


IV. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.


37. We may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following our posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.


38. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these Terms and Conditions once your order has been accepted by us. You are advised to read (and are responsible for reading) fully all information on this website.


39. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.


40. These Terms are subject to the laws and exclusive jurisdiction of England and Wales