Version 2, Last updated 25/11/2015
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Urban Horse (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
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 the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the Sage Pay website, and Sage Pay will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
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 confirmation stage of the checkout process. You may correct those input errors before placing your order by returning to the shopping cart (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.
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.
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when we accept your order and send your order confirmation.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website exclude all value added taxes, unless indicated otherwise.
Payment for all products must be made by credit / debit card OR any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 4% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
You warrant to us that:
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
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:
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.
We will be entitled to recover payment for the products even where ownership has not passed to you.
If you wish to return any or all of the items from your order, for any reason, you must notify us within 14 days of receipt of the goods. All goods must be returned to us complete with their original packaging, documentation and manuals for a refund within 14 days of notifying us of your intent to return the goods. Please note we do not refund postage for all non warranty returns. Please contact us by email firstname.lastname@example.org or call 01434 422700 to inform us of your wish to return the goods.
You are responsible for the goods until they are restored to us, and must ensure you take reasonable care of them, returning them to us at your expense unsoiled, unused and in their original packaging (including any sealed packaging if applicable). If in doubt, please phone or email for advice before returning an item to us. We strongly recommend that all returns are registered and insured when sent as we unable to compensate for lost or damaged parcels. Once the order has been safely returned to us, we will refund your original payment method within 5 working days for the cost of the goods.
Please use the following address for returns: Urban Horse, 5 High Beldy, Garrigill, Cumbria, CA9 3DG (Please enclose a copy of our delivery note or invoice within the returned goods)
If you return an item to us which is faulty, which you did not order or for any other reason, please contact Urban Horse by email us at email@example.com to inform us and we will arrange a refund or a replacement depending on the situation. Please note all return postage and packaging is payable by the customer and non-refundable!
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
This Section applies only to business customers, not consumers.
We warrant to business customers that the products purchased from our website will:
These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
In this Section and Section 13 below, “force majeure event” means:
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.
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:
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
Upon the cancellation of a contract in accordance with Section 15:
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
Images of products on our website are for illustrative purposes; actual products may differ from such images.
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 15: 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.
Our company name is Urban Horse
Our address is 5 High Beldy, Garrigill, Cumbria, CA9 3DG.
Our email address is firstname.lastname@example.org
Our VAT number is GB 980 6830 92