Terms and Conditions
These Terms and Conditions will apply when you access the Website and/or use the Online Ordering Service. Before proceeding to place an order, we ask that you read these Terms and Conditions carefully. You will also find that they contain some useful advice on how to use our online ordering service.
If you find yourself unable to agree to these Terms and Conditions, then you must not use our Online Ordering Service. By doing so, you will return to our home page. If however, you agree to these Terms and Conditions unconditionally, you will be given the opportunity to place an order with us to which these Terms and Conditions will apply.
We reserve the right, at our sole discretion, to alter, change, modify, add, or delete portions of these Terms and Conditions and/or the Website at any time without notifying you in advance. If we do so in respect of the Terms and Conditions we will detail the changes made on this page giving the date the Terms and Conditions were last revised. If you continue to use the Website and/or the Online Ordering Service after any such changes you will be deemed to have accepted the new version of the Terms and Conditions. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions and to review such changes.
For your convenience, we have listed below some general
information about ourselves:
M J Ainge & Co Limited trading as
Shires Equestrian Products and our registered office is at Southern Avenue,
Leominster, Herefordshire, HR6 0QF, England,
company registration number 1100045;
Our VAT number is GB 276 1474 43.
You can Contact Us here.
2 Formation of Contract
Set out below is a useful summary of the steps which you must follow in order to register with us and conclude a legally binding contract with us:
Provided that you agree unconditionally to these Terms and Conditions, you will be given the opportunity at the end of the registration document to click on the "Submit" button. The next page to appear will be a message confirming that your registration request has been received by us.
If however you have already selected your chosen Products by this stage the next page to appear on your screen will be the billing and payment method screen. This screen will contain information on price together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment. Upon completing the order form you will be given the opportunity to submit an order to us by clicking on the "Submit" button which appears at the end of the form.
On receipt of your registration request and/or Online Ordering Service order form, we will send to you notification by electronic mail that your request and/or order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your registration and/or order and accordingly, we will notify you immediately by electronic mail if this is the case.
If you do not wish to submit a registration and/or order to us, you should click on the "Home" button at the top of the page and you will return to our home page.
Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted. Therefore if you do not receive notification of our receipt of your order within 48 hours you should Contact Us or telephone us on 01568 613600 and we will investigate the matter further. Please also note, our acceptance of your order is subject to the availability of the Products you have ordered. If any of the Products you have ordered are unavailable, or should events occur beyond our reasonable control in respect of the availability of the Products, we reserve the right to reject or cancel your order or, at our sole discretion, offer you a suitable alternative for the Products without liability. However, in such circumstances we shall advise you as soon as reasonably practicable and give you the opportunity to amend your order within 7 days of our receipt of such order.
These terms and conditions shall override any contrary terms or conditions published by us or appearing on the Website in relation to any order placed by you with us.
A copy of the legally binding agreement between us will be held by us electronically and can be accessed by you by logging in with your username and password and browsing to ‘Modify profile’ on the left hand menu when in a product category.
In the unlikely event that you receive an incomplete, incorrect, damaged or defective Product order you must notify us in writing within 3 working days of your receipt of the Products. If it is proven that the error has occurred due to an act or omission by us we will arrange for collection of the Products within 7 working days and delivery to you of your original order within 7 working days. If however the error has occurred as a result of an act or omission by you then it will be your responsibility to return the goods in their original packaging via registered post or other secure courier at your sole cost. Please note that it is your responsibility to return the Products safely to us in the latter case and in the event that Products are lost or damaged in transit you shall assume full liability for the cost of such Products.
3 Conditions of use of this website and the online ordering service
There are some situations where we cannot accept an order. Accordingly you acknowledge that we are reliant upon you to complete the order form accurately. You will ensure that your responses are not misleading or inaccurate.
You agree not to post, transfer or submit to us (or to the Website) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, in breach or violation of any third party rights, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this clause 3.2, including, but not limited to, any claims made against us by any third party. Furthermore we reserve the right to remove any User Content at any time for any reason without notifying you in advance.
The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any data please feel free to e-mail us with details of the problem first.
In consideration of agreeing to your use of the Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in the Website belongs to us. Accordingly, any part of the Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the Website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
You may only use the trademarks featured in the Website for the purpose of displaying the Website on your computer screen or printing out the Website on your printer in accordance with clause 3.4 above.
You may not link the Website to any other website.
We will collate the information which you give to us during the registration process to provide you with the Online Ordering Service. By giving us this information, you consent to our use of it in order to process your order. In addition, we may use this information to identify other goods, services, offers and promotions which we provide which we think might be of interest to you and to contact you in relation to the same.
We may also provide the information referred to in clause 3.7 to other companies who may be interested in sending you details of the goods, services, promotions and offers which they would be able to offer to you. If you do not wish us to forward your details to such companies, please untick the relevant box at the end of the registration/order form.
Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of the Website, your use of it or the Online Ordering Service.
Use of the Website and the Online Ordering Service is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.
1 Pricing and Payment
The price of each Product is listed next to the Product details or picture. All prices quoted are inclusive of VAT but exclusive of UK delivery costs which are currently £6.99 per order to any address in England, Wales, Scotland and Northern Ireland, but excludes the Channel Isles and Isle of Man. Please note that if you are ordering Products from outside the United Kingdom additional charges may apply including but not limited shipping costs and customs duties. Please Contact Us to obtain details of all additional charges.
Prices and are in pound sterling. VAT receipts are available on request.
Payment can be made using Visa and Visa Debit, Master Card, Maestro or JCB. No goods will be dispatched until credit/debit card transactions have been authorised and payment received by us.
A charge for delivery will be made in addition to the Product price.
We use all reasonable endeavours (in line with current legislation) in order to safeguard your account information whilst it is in our possession. If you require further details of how your information is stored or handled please Contact Us.
2 Delivery and Risk
Although Products will normally be delivered to you between 24 and 48 hours from dispatch, please allow 7 working days for delivery of the Products and 14 working days around Christmas and other seasonal peak times.
All deliveries within mainland England, Scotland, Wales and Northern Ireland delivery will take place via a parcel or courier service between the hours of 8am and 6pm, Monday – Friday. No deliveries shall take place on weekends or bank holidays. Please note all orders will require a customer signature upon delivery. If you are not available to receive your order it will be left with your courier or a post office and you will be notified by means of a card posted through your letter box by our courier. In respect of all deliveries time shall not be of the essence.
Postal charges for mainland England, Scotland (excluding Highlands) and Wales shall be £6.99 per order irrespective of size, weight or value. Highlands, Channel Isles and Northern Ireland the charge shall be £9.99. All prices quoted are inclusive of VAT.
For all other countries, please refer to the pricing charts provided.
In the unlikely event that your order does not arrive within 14 working days please Contact Us on 01568 613600 as soon as possible and in any event within 21 days. Please note that we will be unable to investigate orders which have not been received by you unless we receive notification of the missing goods from you with the period specified above.
Risk and title in the Products shall pass to you upon delivery of the Products to the address specified in your online order form. In the event that you receive damaged or defective Products title in such Products shall remain with us but you shall assume the risk in the Products until such time as they are collected by us or delivered by you to us.
3 Cancellation and Returns
If you are not completely satisfied with your purchase, you may exchange or refund the products within 14 days of receipt provided the Products are returned to us in the same condition as they were supplied to you together with the packaging.
If Products are received by you damaged claims for refunds or replacements must be made within 14 days of delivery. Please contact us as soon as possible on 01568 613600 or via Contact Us.
Unfortunately, save for in respect of defective Products, we cannot accept returns of Products which have been personalised at your request, Products which have had the original packaging and labels removed, undergarments or Products which have been used.
4 Right to withdraw from the contract
In certain circumstances, you may have the right to withdraw from the contract without penalty and without the need to give us any reason, at any time during a period of seven working days (Monday to Friday inclusive) from the day after the day of receipt of the goods by you.
We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid for the goods, although we do reserve the right to charge you for the cost of returning any goods (which shall be by deduction from the purchase price).
This right of withdrawal shall not apply, in any event, in the following circumstances to any Products made to your specification or personalised at your request.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in section 1 of part A above. We will try to do our best to solve any problems that arise.
6 Our Warranties and Liability
The information provided for each Product or collection of Products is accurate at the time we publish the information. Whilst we use reasonable efforts to include accurate and up-to-date information on the website we make no warranties or representations as to its accuracy. We assume no liability for any errors or omissions in the content on the website and for any loss, damage, cost or injury which you may suffer as a result of such inaccuracies.
We shall endeavour to make the Website available to you. However, you acknowledge and accept that by its nature internet based technology is insecure and uninterrupted service cannot be guaranteed. You further acknowledge and accept that from time to time it will be necessary for us to carry out necessary maintenance in respect of the website resulting in occasional periods of downtime. Although we will use reasonable endeavours to minimise such downtime periods we make no representations or warranties to you in respect of the Website.
We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link within the Website and we do not endorse or approve the content of such third party websites. We shall not be responsible for the accuracy of any information published by any other company or organisation and shall not be liable for any loss, damages, costs or injury arising from that link or from goods, services or information supplied through such third party links..
In so far as the laws allows, we shall not be liable for any loss, damage, cost or injury (direct or indirect) caused to you by your use of the Website, the Online Ordering Service and/or the Products. Your sole remedy in respect of any such loss, damage cost or injury, which is proven by a competent authority to be due to our acts or omissions, shall be to discontinue use of the Website and/or recover of the price paid for the Products.
7 Your Warranties and Liability
In respect of the footage or images submitted by you to us to be uploaded onto the Website you hereby grant to us a worldwide non-exclusive perpetual irrevocable licence to use the same, free of charge, as we may in our sole discretion deem fit.
You warrant represent and undertake as follows:
That you are 18 years or above or have full permission from a parent/guardian to use the website
You shall ensure that your account password is kept secret at all times and you will not disclose the same to a third party (knowingly or unknowingly). In the event that details of your password are revealed to a third party you shall notify us immediately.
You shall be responsible for the use of your online account and for any activity which takes place on the account.
That you are the owner of all intellectual property rights in any User Content provided to us or you have been duly authorised to use such intellectual property rights and to allow us to use them on your behalf and that our use of the User Content shall not violate or infringe the rights of any third party. For the avoidance of doubt where User Content contains images of minors you warrant that you are the parent or legal guardian of the minor featured in the User Content and/or you have the permission of the parent or legal guardian of any minors featured in the User Content to submit the images to us for use on the Website.
That you shall not submit, transmit, store or otherwise make available User Content which we, acting in our sole discretion, deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
That you shall not submit, transmit store or otherwise make available User Content which constitutes, encourages or provide instructions for a criminal offence or which in any other way violates any U.K. or international law.
That you shall ensure that all User Content is true, accurate, complete, owned by you (or that you have permission to post such information and/or materials) in its entirety and that it is free from virus or other malicious computer codes.
That you shall, at all times, comply with these Terms and Conditions and will only utilise the Website and/or the Online Ordering Service for the purposes anticipated by these Terms and Conditions.
That you shall ensure that at the time of submitting your order there are sufficient funds in your credit/debit account to secure the purchase you are attempting to make online and in accordance with the provisions of these Terms and Conditions.
That you will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Terms and Conditions.
We shall be entitled to immediately terminate this agreement without prior notice to you if you commit a material breach of the provisions hereof or a series of breaches which when viewed together are considered by us to amount to a material breach hereof provided always that we may, in our sole discretion, elect to allow you to rectify the breach within five (5) working days.
We shall not be liable for any delay or failure in providing the Website, the Online Ordering Services and/or the Products which results directly or indirectly from acts of nature, forces or causes beyond its reasonable control including but not limited to technology failure, power failures, strikes, labour disputes, riots, terrorism, insurrections, civil disturbances, vandalism, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of court.
Any reference to the singular includes the plural and vice versa, and reference to a gender includes the other genders unless the context requires otherwise. Reference to a "person" includes any individual, firm, unincorporated association or body corporate.
The headings in these Terms and Conditions are for convenience only and shall not effect its interpretation.
If any provision contained in these Terms and Conditions is considered by any court or regulatory authority to be unfair, invalid or unenforceable, that provision will be considered deleted from the these Terms and Conditions without affecting the other provisions.
These Terms and Conditions apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact us on 01568 613600 for details.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Defined terms used within the Terms and Conditions shall have the following meanings:
"Online Ordering Service" shall mean the facility to purchase products via the Website.
"Products" shall mean the items or services offered for sale via the Website.
"User Content" shall mean images or footage submitted by you to us for display on the Website.
"We, us, our" shall mean M J Ainge & Co Limited trading as Shires Equestrian Products.
"Website" shall mean the site found at www.shiresequestrian.com.
"You or your" shall mean the Website user and/or the purchaser of Products via the Website.
Prize Draw and Competition Terms & Conditions
Prize draws and competitions are open to UK and Republic of Ireland residents only. Employees, and the immediate families, of the Promoter, and their agencies associated with this promotion are ineligible.
The winner’s name, town and county may be disclosed to the press and may be published on the Promoters website, Facebook and Twitter pages.
To take part in a Promotion you must complete the online entry form. You will need to complete the form in full for your entry to be included in the prize draw. Maximum of one entry per person - duplicate entries will not be considered.
The Promoter’s decision is final and binding in all respects on all entrants. No correspondence will be entered into.
Entrants that do not comply in full with these entry rules and conditions will be disqualified. Entrants will be deemed to have accepted and agreed to be bound by these terms and conditions.
The Promoter will not accept responsibility for lost entries.
The Promoter will not be liable for prizes (or any part of any prize) which do not reach the winners for reasons beyond the Promoter’s reasonable control.
The closing date and prize is as stated for the particular competition being entered. The winner(s) will be selected at random after the closing date, and the winner(s) will be contacted by post, email or phone. The Promoter reserves the right to re-draw the prize if the winner cannot be contacted within a reasonable period of time (to be established at the Promoter’s sole discretion).
There is no alternative to the prize(s) (or any part of them) and are non-refundable, non returnable and non-transferable. There are no cash alternatives. Competition wins cannot be used in conjunction with any other offer.
Entries received after the closing date will not be valid for entry to this competition, although entrant details may be used for future marketing unless indicated otherwise.
All prizes are subject to availability. All information and prices detailed are correct at the time of publication, and may be subject to change. The Promoter reserves the right to withdraw or amend without prior notice throughout the promotion due to circumstances unforeseen or outside the Promoter’s control.
Events may occur that render the competition itself or the awarding of the prizes impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result.
No purchase necessary.
Entrants are liable for their own costs to access telephone, mobile or computer networks, or for any postal correspondence.