Loading... Please wait...

Categories

Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.townendonline.com (our site) to you.

Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and should print a copy of these terms and conditions for future reference. 

1. INFORMATION ABOUT US www.townendonline.com is a site operated by Townend Equestrian Products Limited (we). We are registered in England and Wales under company number 06981795 and with our registered office at Chandler House, 7 Ferry Road Office Park, Riversway, Preston, Lancashire PR2 2YH. Our main trading address is Bolesworth Lake Farm, Tattenhall, Chester, CH3 9HL. Our VAT number is 979002796 

2. SERVICE AVAILABILITY Our site is only intended for use by people resident in the United Kingdom and Eire and we do not accept orders from individuals outside those countries. 

3. YOUR STATUS By placing an order through our site, you warrant that: 
(a) You are legally capable of entering into binding contracts; 
(b) You are at least 18 years old; and 
(c) You are resident in the United Kingdom or Eire 

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US4.1) After placing an order (which can be done by mail, fax or email), you will receive a letter, fax or e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a letter, fax or e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. 

4.2) The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. 

4.3) When placing an order you must provide sufficient details to enable us to identify which Products are being ordered. 

5. PRODUCTS 5.1) All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample. 

5.2) You agree to comply with instructions, if any are furnished by us or our suppliers relating to the use of the Products and not to misuse the Products in any manner. 

5.3) If you are intending to offer the Products for resale you must disclose to us all retail outlets to which you distribute the Products and those other outlets known to you from which our Products are being sold. You shall not, without our prior written consent, alter or make any addition to the labelling or packaging of our Products and no right or licence is granted under these terms and conditions other than the right to use or resell the Products purchased. 

6. OUR STATUS We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller. 

7. CONSUMER RIGHTS 7.1) If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 11 below). 

7.2) To cancel a Contract, you must inform us in writing. If you have received the Products before you cancel your Contract, then you must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. If you cancel your Contract, but we have already processed the Produces for delivery, you must not unpack the Products when they are received by you. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. 

7.3) This provision does not affect your statutory rights. 

8. AVAILABILITY AND DELIVERY Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 

9. RISK AND TITLE 9.1) The Products will be at your risk from the time of [delivery to you].

9.2) Ownership of the Products will only pass to you when we receive full payment in cleared funds of all sums due in respect of the Products, including delivery charges. 

9.3) If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 

9.4) Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 

10. PRICE AND PAYMENT 10.1) The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Where a price does not appear on out site we will provide on request a sales proposal detailing the price unless stated otherwise prices are [inclusive] of VAT. Any applicable discounts will be applied during the order process. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 

10.2) You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. 

10.3) Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 

10.4) We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 

10.5) We accept payment by cash, cheque or the credit/debit cards listed on our site. We will not charge your credit or debit card until we despatch your order. 

10.6) We reserve the right to require payment in full before your order can be accepted. In the event that we agree to accept your order without payment in advance then, unless otherwise agreed in writing with us we normally require payment of 50% of the total order price within 30 days of the date the order is placed and the balance within 15 days of the date of delivery of the order. Where Products are shipped separately we reserve the right to invoice for the whole order and require payment in full on delivery of the first of the Products. You may notify us in writing in advance that you do not wish to accept partial deliveries. 

10.7) If payment is not made by the due date then payment of the full order price will become immediately due. Interest will accrue on any amounts remaining unpaid after their due date as a rate of 1% per month compounded monthly. We reserve the right, where applicable, to charge you interest under the Late Payment of Commercial Debts (Interest) Act 1998.

11. OUR REFUNDS POLICY 11.1) When you return a Product to us: 
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, provided that the Products in question are returned by you and received by us in the condition they were in when delivered to you, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item/s to us. If you do not return the Products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you. 
(b) for any other reason (for instance, because have notified us in accordance with clause 20 below that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

11.2) We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 

12. OUR LIABILITY 12.1) If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. If you do not receive Products ordered by you within 30 days of the date of which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. 

12.2) If you notify a problem to us under this condition, our only obligation will be, at our option: 
(a) To make good any shortage or non-delivery; 
(b) To replace or repair any goods that are damaged or defective; or 
(c) To refund to you the amount paid by you for the goods in question in whatever way we choose. 

12.3) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.2 (c) above. 

12.4) You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 

12.5) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 

13. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

14. NOTICES Unless otherwise expressly stated in these terms and conditions, all notices given by you to us must be given to Townend Equestrian Products Limited, Bolesworth Lake Farm, Tattenhall, Chester, CH3 9HL or email info@townendonline.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 

15. TRANSFER OF RIGHTS AND OBLIGATIONS & THIRD PARTY RIGHTS15.1) The contract between you and us is binding on you and us and on our respective successors and assigns. 

15.2) You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

15.3) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 

15.4) Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 

16. EVENTS OUTSIDE OUR CONTROL We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-pits and other industrial disputes, breakdown of systems or network access flood, fire, explosion or accident. 

17. WAIVER 17.1) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 

17.2) A waiver by us of any default shall not constitute a waiver of any subsequent default. 

17.3) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above. 

18. INVALIDITYIf any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. 

19. ENTIRE AGREEMENT These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy (which you acknowledge and agree to be bound by), set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature r quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. 

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS20.1) We have the right to revise and amend these terms and conditions from time to time. 

20.2) You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 

21. GOVERNING LAW The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.


Image of available payment types