Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Timberlee Thoroughbreds Ltd trading as ("Equine Saddle Fit NZ", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.equinesaddlefit.co.nz ("the website"). They are effective from 1^st October 2022 and will replace all earlier Equine Saddle Fit terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavor to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa, MasterCard via Stripe
Direct Credit to our Bank Account
Layby and Afterpay

Payment

Equine Saddle Fit will accept full payment only for any online order made within New Zealand. Payment can be made via any of the payment options listed on the website and above. You are also welcome to pay via online banking. These details will be sent with all order confirmations.

Please be aware that there may be a 24 hour delay on the shipping of orders paid for via online banking as we wait for that money to clear.

Product Range and Availability

All efforts will be made to fulfil any order placed with Equine Saddle Fit; however, we accept no responsibility or liability should we be unable to supply the goods ordered for any reason.

Credit Card Security

All payments are processed via Stripe

Warranty

Goods are warranted from defective workmanship and material provided that the goods are unmodified in anyway and are used for the purpose intended by the manufacturer. The warranty covers replacement or repair of the product itself provided that Equine Saddle Fit is satisfied that the defects were defects in manufacture or in transit.

Warranties will not be extended beyond that of the manufacturer's warranty period or conditions. The warranty is limited to replacing or repairing any defective goods with the procedure set out in these terms and conditions, provided that Equine Saddle Fit is satisfied that the defects were defects in manufacture or in transit.

Delivery and Delivery Charges

Equine Saddle Fit currently use Courier Post for all of our deliveries.

Delivery times vary depending on the destination but are usually within 1 – 4 days, some RD address can take another day, if you have any queries on your delivery, let us know and we will look into it for you.

Returns

If you find once you have confirmed your order, you would like to add to or alter the order we will do our upmost to change this for you, but we may not always be able to.

If you find you need to change something, contact us immediately and we will do our best for you. Once you have received your goods, we are happy to exchange them for you if you have changed your mind. For the purposes of such exchanges:

The goods being exchanged must be returned to Equine Saddle Fit in the original condition as supplied to you.

The goods being exchanged can be used as a store credit with Equine Saddle Fit

You must meet all postage costs for both the return of your original purchase as well as the dispatch of the replacement goods.

Returns or change of mind refunds/exchanges are not available on sale or clearance goods once your order has been placed.

Every order that is dispatched from NSC is checked to ensure the products are in the correct condition, however customers have the right to return any goods deemed faulty or damaged in transit for a replacement. The following conditions apply terms returned in these circumstances:

Where goods are being returned due to a fault or damage, they must be in original condition.

Where return is due to a fault, the customer must contact Equine Saddle Fit within 7 days of receiving the product.

Equine Saddle Fit will cover the postage costs involved for the return and replacement of any faulty or defective goods.

- Applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavor to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.equinesaddlefit.co.nz

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.