TERMS AND CONDITIONS
1.1 The terms set out in this clause have the meanings:
(a) “Goods” means anything purchased from us.
(b) “Us”, We”, “Our”, etc refers to Woodvale Equissentials Limited trading as EQUESTORIUM®
(c) “You”, “your” refers to the purchaser of any goods from us.
2.1 Ownership of goods remains with us until payment is made in full.
3.0 Risk and Delivery
3.1 Delivery occurs at the time possession of the goods passes from us to you or a person nominated by you. The date on which delivery occurs is referred to in these terms as the Possession Date.
3.2 The risk in goods supplied passes to you on delivery. You must insure goods from delivery.
3.3 We are not liable to you for any delay or failure to supply the goods.
3.4 Property in goods sold by us will not pass until you have made payment in full of the purchase price for those goods purchased by you. Until such payment is made you will hold the goods as bailee for us and we shall have the right to enter the premises occupied by you and take possession of any of those goods at any time after payment is due.
3.5 If the goods are resold before payment is made, you shall hold the sale proceeds for and on account of us. The proceeds of any such sale will reduce the debt to us and we may take such legal remedies as are available to it to recover any balance outstanding. You agree that any collection costs incurred by us in the collection of all or any part of any overdue debt on this account is payable by you.
4.0 Availability Of Goods
4.1 Goods offered or displayed are subject to availability.
4.2 We reserve the right to change, update, modify, temporarily or permanently remove website content, with or without notice to you, and will not be liable for any modifications or withdrawals.
4.3 Product pages are updated on a regular basis, however, identification of stock-on-hand and availability may not be current at the time. Please contact us if you have any questions regarding product/item availability.
4.4 Most of our manufacturers are located overseas so if goods are not currently in stock they will require to be ordered from the manufacturer. Production and arrival of ordered goods and custom-made goods can take 8-10 weeks from the date that they are ordered (and up to 12 weeks during busy periods). When orders are placed, we will ask the manufacturer to give an estimate of how long it may take to produce.
4.5 If you require goods urgently please contact us so we can give an indication of the expected time to produce/deliver.
5.0 Custom-Made One-Off Goods
5.1 We will only accept an order for custom-made one-off goods if a written Purchase Order Agreement on our standard terms is signed by you and returned to us.
5.2 Custom-made or other ordered goods, will not be refunded unless they are faulty. Faults will include if they have not been made to your specifications (as determined by an independent expert).
5.3 Where purchasing saddlery, these are generally made to order which allows us to produce unique combinations of style, model, colour and size to meet your personal preferences and/or requirements. It is your responsibility to ensure you have the correct sizing requirements for you and your horse prior to ordering. We recommend you seek the services of an experienced saddle fitter to provide you with the necessary information to assist you when making the best choice before making a saddle purchase or order. With custom-made one-off goods there may not be an exact sample, example, demo or model for you to view or try. We will do our best to provide a reasonable comparison of fit and style to help you with your request.
5.4 We provide your specifications to our manufacturer. If our manufacturer expresses concern or provides feedback about those specifications, we will contact you. Your order is only confirmed once the manufacturer has agreed to undertake production. We are under no obligation to proceed with ordering goods on your behalf, and if we decide to not proceed with any order, we will notify you and return any deposit received.
5.5 A deposit of no less than 50% of the total purchase price is required for all ordered goods, including those goods purchased by an agreed layby. This deposit is non-refundable except where the goods are faulty. The balance of the agreed purchase price is due upon either collection or delivery of the goods.
6.0 Pricing & Payment
6.1 Our advertised pricing includes a 15% GST component.
6.2 When you purchase an item from us, you will receive a Tax Invoice indicating the NZ GST component of the item purchased.
6.3 Our pricing is subject to change without notice in response to importing, freight and product purchasing costs, international exchange rates fluctuations, etc. These are variables beyond our control.
6.4 We accept payment by Credit Card or New Zealand bank deposit. For NZ Bank deposit: please CONTACT US to place your order and receive our bank account details.
6.5 For Credit Card payments your privacy and security is a priority. We use STRIPE as our payment platform on our website.
6.6 You can order directly from our website, once you have checked and tick "Agreed" to our Terms and Conditions, using 'Add to Cart' function and complete payment by credit card. Please note a 4% credit card processing fee may apply to your order (if applicable this will be shown as 'sales tax' on your order).
6.7 At our sole discretion, if requested by you we may agree to sell goods to you by Layby with terms to be agreed to by both you and us prior to the placement of an order.
6.8 If goods are in-stock and we have approved that they can be purchased via Layby, we may require a written agreement to be entered into specifying the frequency of payments (generally weekly or fortnightly) and period (for lower-priced goods a maximum duration of 6 weeks and up to 12 weeks for higher-priced items). The goods will be held securely for you by us until the final instalment has been made. The first instalment will be required to be equal to or no less than 20% of the total cost of the goods, or 50% of the total cost of the goods if we are out of stock and you have requested us to get the goods in. The first instalment will be deemed to be a deposit that is non-refundable if you decide not to proceed with the purchase.
“Payment Due Date” Tax Invoice Services or Goods
6.9 At our sole discretion, where services &/or goods are requested/ordered by you and agreed to be supplied to you by us, a Tax Invoice for payment with the specified due date will be provided to you, directly and/or via email.
Payment “Due Date” of the supplied goods &/or service will be specified on the Tax Invoice.
· If you default in paying any amount due to us and the default continues despite reminders, then you will be required to pay interest at the Default Interest Rate of 5% on the unpaid amount and/ or excess amount over the agreed credit limit, if any, (as the case may be) on a daily basis. While the default continues and we reserve the right to compound default interest on a monthly basis.
Payment Terms: Accepted Payment methods include Cash on delivery, Bank deposit or Online Banking.
Payment of the invoice is due within 7 days from the date of the invoice or as stated. *Overdue payments may incur a 5% per month penalty fee.
7.1 We only accept orders from within New Zealand and do not ship overseas.
7.2 If we do not state that the cost of shipping is included in the purchase price of goods, standard shipping charges apply as indicated in "CHECK-OUT".
7.3 If we state that shipping is included in the purchase price of particular goods then you will not be charged extra for the cost of shipping unless you request (and pay for) Fast Delivery/Couriers.
7.4 Our standard shipping carrier for delivery is NZ Post. Where possible goods are sent using a track and trace system.
7.5 If you have any special shipping requests and/or would like to use a different carrier please feel free to CONTACT US.
7.6 For details of shipping for returns/exchanges or repair/replacement/refund, please see those sections of these Terms.
8.1 Our goods have a 24-month warranty, or as per the warranty period stated by the manufacturer of those goods, for defects in materials and craftsmanship leading to failure of the product to perform under normal use and conditions, or as deemed by the manufacturer. Damage caused by misuse of improper care and/or handling or commercial use is strictly excluded.
8.2 All repairs or modifications must be authorised by us and be performed by either the manufacturer of the goods or someone else approved by us. Unauthorised repairs or modifications by you will void this warranty.
8.3 All warranties for goods are calculated from the date the goods are sent out/delivered to you. Some goods (including saddle brands) that we carry offer a longer warranty period, which will be outlined in the description of the goods.
9.1 We allow the return/exchange of non-faulty goods purchased from us (excluding saddles, custom-made one-off orders, goods on sale, “seconds” (those with identified imperfections), providing:
(a) you have contacted us to advise that you wish to return/exchange the goods; and
(b) the goods are returned to us within 14 days of the date on the purchase invoice (or receipt); and
(c) the purchase invoice (or receipt) is included with the goods when they are returned; and
(d) the goods are in their original packaging and both the packaging and the goods are in original, unsoiled, unused, undamaged condition; and
(e) (in the case of exchanges) the replacement goods are available and we have agreed to the goods to be exchanged.
9.2 The cost for returning/exchanging goods is your responsibility. We recommend that:
(a) goods be packaged securely to avoid damage in transit; and
(b) that goods be sent using a track-and-trace system.
In the case of exchanges, you will be responsible for the cost of postage both to return the goods you want to exchange to us, and to send the replacement goods to you.
9.3 We may refuse returns of non-faulty goods if any of the above conditions are not met or if the goods are damaged or lost in transit.
10.1 If you believe the goods you have purchased are faulty, we will repair or replace goods in accordance with the Consumer Guarantees Act 1993. We are not obliged to repair/replace faults arising from normal wear and tear or accidental damage, misuse or mistreatment.
10.2 Before we will agree to repair or replace the goods, the goods must be delivered to us, along with the purchase documentation and full details of the fault claimed so they can be inspected by an independent expert. You will need to pay for the goods to be returned to us but if it is determined that the goods are faulty we will refund the cost of postage to you.
10.3 We will only give refunds for faulty goods if they cannot be repaired or replaced.
10.4 We are not obliged to provide a refund if you change your mind about a purchase, so please choose carefully and do not hesitate to ask us questions before you make a purchase.
11.0 Consumer Guarantees Act 1993
11.1 Where a supply is for business purposes, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
12.0 Limitation of Liability
12.1 Our liability for any defect in the goods is limited to the purchase price of those goods.
12.2 We shall not be responsible for any damage caused either to the goods or as a result of the malfunction of such goods if;
(a) The goods are fitted by an unqualified tradesperson; or
(b) The goods are not fitted to a good trade standard; or
(c) The goods are in any way adapted to a use for which they are not specifically intended; or
(d) The goods are added to or repaired using components not recommended or approved by the manufacturer of such goods.
12.3 We shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage arising from any supply of the goods.
13.0 Dispute Resolution/Independent Expert
13.1 We will advise you of the name and qualifications and/or experience of the independent expert that we wish to use. If you object to the independent expert that we have nominated you must immediately advise us of your objection including your reasons for objecting. If you give notice of your objection, we will work with you to select a mutually agreed independent expert. If we cannot agree on an independent expert then the expert nominated by us will be used.
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