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1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms
Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended
from time to time;
1.4 "Seller" means Scothorse Saddlery c/o Scothorse International Limited, Dabbs Show & Activity Centre, Giffordtown nr. Ladybank, CUPAR KY15 7UW, Fife UK, Company registered in Scotland No270090. VAT No 848 1420 27
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the
Seller to the Buyer and shall prevail over any other documentation or communication
from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods
pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in
writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a
Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price on the
Seller's website at the date of order
or as agreed between the parties. The price is INCLUSIVE of VAT and
EXCLUSIVE of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be
made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are
available for collection at the Seller's premises or for delivery to such place and on such
terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 28 days of the order
being placed and the Buyer shall make all arrangements necessary to take delivery of the
Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In
any event time of delivery shall not be of the essence and the Seller shall not be liable for
any losses, costs, damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the
Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will
contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the
order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the
description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller
within 28 days of delivery if the Goods are damaged or do not comply with any of the
Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller
to collect faulty Goods if the items are large, otherwise the Goods shall be returned by
the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full
refund (including delivery costs, if applicable) plus any return postal charges if the Goods
are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the
package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will
be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer
has the right, in addition to any other rights, to cancel the Goods and receive a refund by
informing the Seller in writing or by email within 7 working days of receipt of the Goods.
Goods must be returned at the Buyer's cost and should be adequately insured during the
return journey. The Buyer shall receive a refund of all monies paid for the Goods
(including delivery charges, if any) except for return postal charges within 30 days of
cancellation.
6.6 Made to measure and custom made goods as well as All Sergio Grasso boots, Brogini boots and Saddles are
non-refundable. If The Seller makes a mistake in the item, The Seller will refund the
goods if the problem is identified within 7 days of receipt. The Seller holds no responsibility
if the size purchased by the Buyer is incorrect. Refunds will only be provided in exceptional circumstance and
at management discretion.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for
death or personal injury, however the Seller shall not be liable for any direct loss or
damage suffered by the Buyer howsoever caused, as a result of any negligence, breach
of contract or otherwise in excess of the price of the Goods.
The Seller shall not be liable under any circumstances to the Buyer or any third party for
any indirect or consequential loss of profit, consequential or other economic loss suffered
by the Buyer howsoever caused, as a result of any negligence, breach of contract,
misrepresentation or otherwise.
FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown
of plant or machinery or shortage or unavailability of raw materials from a natural source
of supply, and the party shall be entitled to a reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such provision shall
be severed and the remainder of the provisions hereof shall continue in full force and
effect as if these Terms and Conditions had been agreed with the invalid, illegal or
unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the
law of Scotland and the parties hereby submit to the exclusive jurisdiction of the
Scottish courts.
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