- General
The website located at barefoot-saddle.co.nz or equinz.co.nz (the
"Site") are shopping and information websites where you can browse, select and order products from Equinz. ("us" or "we").
Your
access to and use of the Site is governed by these terms and conditions.
- Compliance
You agree to be bound by, and comply with these terms and conditions, and the
laws of New Zealand relating to your use of the Site.
- Placing an order
You may place an order for products on this Site by selecting and
submitting an order in accordance with these terms and conditions.
Any order placed through this site for a product is an offer
to purchase the particular product for the price notified (including delivery, any other charges and taxes) at the time you place the
order.
You agree to provide us with complete and accurate details pertaining to the order when asked to do so by the
Site.
- Acceptance or rejection of an order
In certain circumstances we may need to reject your
order. This may happen if the requested product is unavailable and we are unable to obtain stock, or if there is an error in the price
advertised.
Each order placed for products through this site represents a binding agreement between you and us for the supply
of those products.
If we reject an order placed through this site, then we will endeavour to contact you within a reasonable
amount of time after you submit your order.
- Back orders
Because most of our products are sourced from overseas, there will be times
when products on the site are on back-order. We will endeavour to fill back-orders within 30 days, however we can not gaurantee that
delivery can be achieved in this time. We will attempt to notify you of the change of delivery date.
Note that all customised
products will automatically go on back-order.
- Risk and Title
Risk and title pass to you at the date and time of delivery at the
delivery address, and at such time as the goods and associated costs are paid in full.
- Cancelling an order
We may cancel an order (including orders that we have accepted)
without any liability to you for that cancellation at any time if
(a) the products in that order are no longer available;
or
(b) there was an error in the price or product description posted on the site for that product; or
(c) We reasonably believe
that your order has been placed in breach of these terms and conditions; or
(d) payment for your order has not been accepted by our
banking partners.
If we do so, we will endeavour to contact you as soon as possible, and you will not be charged for the
cancelled order.
You may cancel an order (whether it is accepted by us or not) by contacting Customer Services during contact
hours at any time prior to dispatch of that order. Please note that any deposit paid for product we have already ordered may be
forfeited at our discretion.
Once an order has been dispatched for delivery to you, you may return the relevant products in
accordance with these terms and conditions.
- Fees and Charges
We will charge you, and you agree to pay, the full purchase
price of each product that is ordered, and is available for sale, the delivery fee for your order, and any other fee or charges set
out in these terms and conditions.
If a product is not immediately available for sale, and you wish to place an order for a
product regardless, a deposit of 50% of the purchase price will be required. Once the product has arrived at our store you will be
notified and you will be required to pay the balance of the purchase price, the delivery fee for your order and any other fee or
charges set out in these terms and conditions.
All prices, fees and charges identified in these terms and conditions include
GST where applicable
The purchase price of the products on this site are the product list prices at the time you place your
order. This price may subsequently change, however once we have accepted your order, we will not change any prices that apply to the
products on your order.
If you subsequently cancel your order, any refund for deposits paid will be forfeited at our
discretion. we will not refund any Delivery Fees where the products on that order have already been dispatched for delivery. It is
your responsibility to ensure that the products are returned to us within 10 working days in the condition that they were
recieved.
- Fit Kits and Trials
From time to time we may have Trial products available. We
also have Fit Kits available for Hoof Boots. Fit Kits must be returned after one week of receipt. Failure to return fit kits will
result in the customer being invoiced an additional rental fee for each week or part there-of until the product is
returned.
Trial items not returned after one week of receipt will result in the customer being invoiced for the full value of
the trial item(s).
- Liability
We exclude all implied terms and warranties whether stated or
otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided "as is" and that we
do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be
liable to you for any indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to
realise expected profits or savings and any other commercial or economic loss of any kind) arising or connected to this
agreement.
Where any law implies in this agreement any term, and that law prohibits or voids provisions which exclude or modify
the operation of such a term, then the term is to be included in this agreement. However, our liability for breach of such term will
be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the
resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods,
the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or acquiring equivalent
goods); or the payment of the cost of having the goods repaired.
Our liability to you for
loss or damage of any kind arising from this agreement or in connection with the relationship established by it is reduced to the
extent (if any) that you cause or contribute to the loss or damage.
Nothing in these terms and conditions is intended to limit
or exclude any liability that cannot be excluded by law.
- Termination
We may immediately suspend, terminate or limit your access to and
use of the site and (where relevant) your account if you breach these terms and conditions and:
a) the breach can not be
remedied; or
b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
c) if there is
an emergency.
We may stop this site (or any part of it) from being available without prior notice. If so any products that have
been ordered will not be affected by this unless the products are no longer available or we are prevented from supplying the products,
in which case we will notify you and will refund you for all valid payments that have been received by us for these
products.