1) INTRODUCTION
Please read these terms of sale carefully.
2) ORDER PROCESS
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add any of the products you wish to purchase to your shopping basket, and then proceed to the checkout; (ii) you then have the option of checking out with Paypal or proceeding to our checkout; (iii) if you do not checkout with Paypal, and if you are a new customer, you can then create an account with us or proceed as a guest; if you are an existing customer, you must enter your login details; (iv) if you have chosen to checkout with Paypal, you will be temporarily transferred to the Paypal website to confirm your payment method, before being returned to the Hoof Bootique website; (v) you must then select your delivery address, preferred method of delivery and (unless you have already chosen Paypal) your preferred payment method. You are given a second opportunity to checkout with Paypal here; (vi) you will then be able to review your order and either edit your basket or place your order; (vii) depending on your preferred method of payment, you will then either be transferred temporarily to the Paypal website, or enter your payment details onto the Hoof Bootique website (or card payments). Once you have finalised your payment, you will be returned to the Hoof Bootique website (if having logged into your Paypal account) and your order will be submitted. You may also have selected to pay by bank transfer, in which case your order will simply need to be submitted; (viii) once your order has been submitted, you will be given an order number.
Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from Hoof Bootique. If you have created an account with us, we will also send you a welcome e-mail.
Acceptance of your order and the completion of the contract between you and us will only take place on dispatch of the products ordered to the address supplied (at which point we will confirm dispatch by e-mail) unless we have notified you by e-mail that we do not accept your order or you have cancelled it in the meantime.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by carefully checking your entire order at the order review stage of the checkout process. You may correct those input errors before placing your order by returning to the shopping basket (to remove products from your order) or returning to the product listings (to add products to your order). You should then restart the checkout process.
3) THE PRODUCTS
The characteristics of the products on our website are fully described on their respective individual product pages. We may update the product pages from time to time, without notifying you of the changes. Therefore, where appropriate (for example if placing an order), you should print a copy of product descriptions for your records.
4) PRICE, PAYMENT AND AVAILABILITY
(i) Price and Payment
The total price of your goods will be stipulated when you review your order and at the end once your order has been submitted. All prices are in pounds sterling including the relevant taxes for the UK where applicable. Any customs or import duties due when your order reaches its destination country are your responsibility.
Payment for all products must be made by credit / debit card OR any method detailed on the website from time to time. We accept payment by cheque, postal order and bank transfer.
If paying by cheque or postal order, please follow the order process set out above, and choose the 'Cheque / bank transfer' as the payment option. Make the cheque or postal order payable to “Hoof Bootique”, and post to our trading address shown in clause 17.
If paying by bank transfer, please follow the order process set out above, and choose the 'Cheque / bank transfer payment option. Please then e-mail us at sales@hoofbootique.co.ukwith your order number to arrange this method of payment.
Please send any cheque/postal order/bank transfer payment within 5 working days from date of order.
Any orders not paid for within 5 days from date of order, will be cancelled, and notified by email.
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.
On extremely rare occasions, the cost of the product may have increased but not updated on the website, taxes may have not been included in the price, or they may have changed. We will inform you immediately and before dispatch if this is the case to ensure you still wish to purchase, but at the revised cost.
We reserve the right to refuse or cancel an order for goods if it has been listed at the incorrect price due to a typographical error, or the price from our suppliers, tax or duty office was incorrect when our price was published. If you have already been charged we will immediately refund you the total amount you have paid (including any delivery charges).
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(ii) Availability
All products and services offered for sale on this website are subject to availability and may be withdrawn at any time. Pictures used are for illustration only and although we endeavour to be as accurate as possible, may differ slightly from the actual product supplied. If goods cannot be supplied for any reason we will contact you and you will not be charged for the items ordered. If payment has already been taken, you will be refunded for the cost (and any postage charges if applicable) immediately.
We endeavour to hold stocks of all our active products. If our site says “Dispatch in 1 - 3 days” then we have stock of that item and it will probably be allocated to you. Occasionally, our stock may already have been allocated to another customer. If this happens, it’s first come, first served. If our site says “Dispatch in 1 – 7 days” then we don’t have stock of that item at the moment, although more may arrive at any time. If we are out of stock of your chosen item, and it will take longer than the estimated time to dispatch your order, we will inform you of an estimated delivery date (subject to availability). You will always be entitled to cancel your order if you would rather not wait.
Some items may be shipped direct to you from our supplier in order for you to receive your chosen items as quickly as possible. This means that you may receive your order in separate parts, but will not incur any additional carriage charges (unless agreed otherwise due to part of your order being out of stock at the time of ordering).
We cannot be held responsible for compensating you for any other losses you may suffer if we do not supply the goods.
5) YOUR WARRANTIES
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
6) DELIVERY POLICY
We will arrange for the products to be delivered to the address for delivery indicated in your order.
Please click here to see full details of our delivery policy.
7) RISK AND OWNERSHIP
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee. We will be entitled to recover payment for the products even where ownership has not passed to you.
8) RETURNS AND EXCHANGE POLICY
Please click here to see full details of our returns and exchange policy.
9) CONSUMERS: STATUTORY RIGHTS
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
10) REFUNDS
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your valid notice of cancellation.
11) FORCE MAJEURE
In this Section and Section 12 below, “force majeure event” means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
12) LIMITATIONS OF LIABILITY
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
(a) we will not be liable for any losses arising out of a force majeure event;
(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's instructions or recommendations, or any alteration carried out by you or any third party.
13) CANCELLATION RIGHTS
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. 13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days. 13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
14) CANCELLATION BY US
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods 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.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15) IF THERE IS A PROBLEM WITH THE GOODS
15.1 If you have any questions or complaints about the goods please contact us. You can do so by using the contact details in Clause 18.
15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
16) SCOPE OF THESE TERMS OF SALE
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights and do not govern the licensing of works (including software and literary works) comprised or stored in products.
17) GENERAL TERMS
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
All equestrian activities are potentially dangerous, always check equipment before use on every occasion that it is used for signs of wear and tear or damage. Do not use the equipment if it is showing any signs of wear and tear or damage. If the equipment is within the warranty period you must stop using it and return it to Hoof Bootique for repair or replacement.
You are responsible for the safety of you and your equine and must always choose equipment that is appropriate to you and your equine and your particular equestrian or other requirements. If in any doubt always seek expert assistance and advice. Always read the User Manual.
It is essential that you are properly trained and experienced before applying new equipment to an equine. If you have any doubts about your capabilities or suitability of the equipment for your equine please seek expert assistance before using any products. Always read the User Manual.
Please also see our Terms and Conditions of Hoof Boot Hire. Click here for full details.
18) ONLINE DISPUTE RESOLUTION
Online dispute resolution for consumer pursuant to Section 14.1 of Regulation (EU) 524/2013 The European Commission provides a platform for online dispute resolution which is available at the following link
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
19) ABOUT US
Our trading name is Hoof Bootique (Elizabeth Jane Hapgood T/A Hoof Bootique)
Our address is Unit 17, Efford Farm Business Park, Bude, Cornwall, EX23 8LT
Our email address is sales@hoofbootique.co.uk
VAT Number: 188 4024 90.
HOOF BOOTIQUE TERMS OF USE
(1) Introduction and definitions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Hoof Bootique’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Hoof Bootique’’ or ‘us’ or ‘we’ refers to the owner of the website whose trading address is set out below. The term ‘you’ refers to the user or viewer of our website.
(2) General
The use of this website is subject to the following terms of use:
(i) The content of the pages of this website is for your general information and use only. It is subject to change without notice.
(ii) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(iii) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
(iv) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
(v) All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
(vi) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
(vii) From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
(viii) These terms of use will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of use.
(3) Copyright
This website and its content is copyright of Hoof Bootique - © Hoof Bootique 2020. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system
(4) Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Hoof Bootique and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
We will always try to give you helpful and totally honest advice, but the decision to purchase an item ultimately lies with the customer and we cannot be held responsible for any consequences relating to any products relating from this website.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Hoof Bootique. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Hoof Bootique takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
(5) Our details
Our trading name is Hoof Bootique (Elizabeth Jane Hapgood T/A Hoof Bootique)
Our address is Knapps Farm, Windmill Road, Holsworthy, Devon, EX22 6JN.
Our email address is sales@hoofbootique.co.uk
VAT Number: 188 4024 90.
CANCELLATION FORM
To Hoof Bootique, Knapps Farm, Windmill Road, Holsworthy, Devon, EX22 6JN or sales@hoofbootique.co.uk:
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
Ordered on*/Received on*: ……………………………………………….
Name of consumer(s): ………………………………………………
Address of consumer(s): ………………………………………………. ……………………………………………….
Signature of consumer(s): ……………………………………………….(only if this form is notified on paper)
Date: ……………………………………………….
*Delete as appropriate