Conditions of Use
TERMS AND CONDITIONS OF SALE
1.1 This website is a retail shopping website where you can browse select and purchase products from Saddleworld Pty Ltd ("Saddleworld ", "us" or "we").
1.2 Your access to and use of this website, including your orders and purchases of products is governed by these terms and conditions (Terms and Conditions).
1.3 Each order you place will be a separate and binding agreement between you and Saddleworld with respect to the supply of the goods, in accordance with these Terms and Conditions.
2.1 All prices are shown in Australian dollars and do not include any handling, postage or freight charges.
2.2 An order submitted by you on the website in the manner described on the website is an offer by you to purchase goods for the price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your order.
3.1 Payment for online orders will only be processed when you place the order.
3.2 Payment is to be made by Visa or Mastercard. Saddleworld will not accept personal cheques by way of payment.
3.3 Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of goods and services tax (GST) (Price). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
3.4 Saddleworld reserves the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing.
3.5 In respect of an order, Saddleworld will charge you and you agree to pay:-
(a) the Price (which is the Price at the time the order is submitted); and
(b) the Delivery Fee.
3.6 If Saddleworld is unable to process your nominated payment method, we may cancel your order.
3.7 We will provide you with a receipt showing the Price and all other fees and charges for the products at the time of delivery.
3.8 You agree and acknowledge that any payment in respect of an order must be cleared by Saddleworld before goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions.
4. Postage, handling, freight and delivery
4.1 Delivery is by Australia Post or Star Track (Delivery Agents).
4.2 Postage and handling (Delivery Fee) is charged at a rate of:-
(a) all orders over one hundred dollars ($100) will be delivered free of charge;
(b) orders under one hundred dollars ($100) will attract a fee of fifteen dollars ($15.00) per order.
4.3 Subject to the other provisions as contained within these Terms and Conditions Saddleworld aims to achieve the delivery timeframes set out below, subject to clause 4.4:-
(a) within five (5) business days in metropolitan areas;
(b) within eight (8) business days in regional areas; and
(c) within 10 business days in rural areas.
4.4 You acknowledge and agree that notwithstanding anything else in this clause:-
(a) Saddleworld cannot guarantee that delivery will occur in the delivery timeframe specified in clause 4.3;
(b) Saddleworld will endeavour to dispatch orders within 3 business days (excluding public holidays) after payment has been accepted and cleared, subject to stock availability;
(c) Saddleworld will accept orders from outside Australia but will only deliver within Australia;
(d) delivery timeframes may change from time to time due to unforeseen circumstances and that the time frames as specified in clause 4.3 is an estimate only in which Saddleworld will not be liable or responsible for in the event of any delay; and
(e) Saddleworld is not liable with respect to any loss, damage, costs, expense or injury you or any third party suffers as result of any change in delivery times or delay in delivery.
4.5 An appropriate person must be present to accept the delivery of your order, in which you may appoint a representative to do so in your place, in which any such representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that Saddleworld will be entitled to rely on the representatives instructions as if they were your own.
4.6 On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, together with photo identification or proof of age. In the event that this clause is not complied with or no one is available to accept delivery then the Delivery Agent reserves the right to refuse to complete delivery, in which the Delivery Agent may elect to leave a calling card for collection from a local Australia Post office. Where redelivery is required for any reason whatsoever then you may be required to pay an associated fee for redelivery.
4.7 Insurance and express delivery is not available in respect of your order.
5. Products and availability
5.1 Some styles and colours may vary slightly from the products shown on this website.
5.2 All products on this website have been included in good faith on the basis that the products as described will be available at the time of sale.
5.3 A failure by suppliers to deliver in accordance with the samples description or at all or other unintentional causes may result in some lines being unavailable.
5.4 Saddleworld reserves the right to substitute any product that may not be available with one of equal quality and design.
5.5 Saddleworld may cancel an order if the products are not available or if there was an error in the price or product description on this website.
5.6 You agree and acknowledge that:-
(a) All pictures and images of goods displayed on the website are for illustration purposes only, and the sizes and dimensions of goods may differ in real life;
(b) You have read any corresponding written description of the goods prior to submitting your order;
(c) Where we provide dimensions and measurements in the descriptions of goods, it is your responsibility to ensure the actual size of each item is suitable for your purpose and prior to submitting your order; and
(d) An accessory featured with the goods is for illustration purposes only, and may be sold separately.
6. Placing an order
6.1 Goods can only be returned under these Terms and Conditions in accordance with the returns policy as set out in clause 8.
6.2 You may purchase products by selecting and submitting your order through this website.
6.3 Any order placed by you through this website is an offer by you to purchase a product for the price notified (including delivery and any other charges, fees and taxes) at the time you place the order.
6.4 If Saddleworld accepts your order in which Saddleworld may elect in its discretion not to accept, it will supply the product to you and send you an email confirmation of the order.
6.5 In certain circumstances, it may be necessary for Saddleworld to reject your order and you will be notified of the rejection by email within a reasonable time after the order was submitted.
7.1 Risk and title to the goods passes to you on the date and time Saddleworld passes the goods to the Delivery Agent.
8. Return for refund of exchange
8.1 If you need to return goods to us, please contact us by phone or email to obtain a returns authorisation within fourteen (14) days of receipt of your product.
8.2 The contact details are as follows:-
Returns and Warranties
30 Ironstone Road, Epsom Victoria Australia 3551
Phone: (03) 5448 4901
8.3 Any products purchased at a reduced price cannot be returned, exchanged or replaced simply because you have changed your mind.
8.4 Our returns policy conforms with the regulations of the office of Consumer Affairs Victoria. For further information see their website at www.cav.vic.gov.au.
8.5 Goods damaged in transit or due to faulty manufacture, subject to clause 13.6 should be returned for our inspection.
8.6 Replacement goods cannot be sent until we have received the returned goods.
8.7 We will refund any postage costs incurred in returning faulty goods.
8.8 Subject to clause 13.6 we will gladly refund your purchase if the goods supplied are faulty and we are unable to repair or find a replacement.
8.9 Any refund we provide will be made using the same payment method as used to purchase the goods.
9. Exchange of products
9.1 Saddleworld will only accept goods for exchange when the goods are returned in unused condition with all tags and labels attached.
9.2 All exchanges will be charged at the usual postage rate when returned to you.
9.3 We do not accept any responsibility for goods lost in return transit.
10. Special Orders
10.1 Made to order which may include but is not limited to; boots, riding jackets, horse towels or special bridle wear may not be accepted for return or refund.
10.2 Notwithstanding clause 10.1 Saddleworld may in its absolute discretion elect to choose to accept such returns and charge a handling fee of twenty percent of the value paid for the goods.
11. Non returnable items
11.1 Items cannot be returned unless they are deemed to be defective.
11.2 Clothes and rugs can only be returned if found to be defective prior to wear or washing.
12. Defective Items
12.1 Saddleworld will exchange, refund or replace any goods which have been purchased at full price which has later been determined to be defective by the manufacturer.
12.2 Any goods purchased at a reduced price and found defective will not be returned, exchanged or replaced provided the defect was disclosed at the time of purchase.
13.1 To the extent permitted by law and any rights which you may be entitled under our returns policy, our liability to you in respect of any claim for loss or damage, whosoever arising is limited to replacement or repair of the products or the supply of equivalent products.
13.2 Saddleworld's liability to you for any loss or damage is reduced to the extent that you cause or contribute to the loss or damage.
13.3 Saddleworld excludes, to the extent permitted by law, all implied terms and warranties whether statutory or otherwise relating to this website or the products and Saddleworld will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, goodwill, business opportunity, or injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
13.4 You acknowledge that this website and the information regarding the goods is provided "as is" and Saddleworld makes no representation or warranty as to the suitability of a product for any particular purpose.
13.5 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Act) or any liability of Saddleworld in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of that Act to a supply of goods.
13.6 Any express warranty, for example a manufacturer's warranty or warranty against defects accompanying the goods you purchase is a warranty between you and the supplier or manufacturer with respect to the performance of the goods. In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees to which a claim must be sent with the goods. Saddleworld strongly encourages you to follow the warranty claim process and contact the supplier or manufacturer to resolve your warranty claim. Other than expressly stated in relation to particular goods, Saddleworld does not make any express warranty with respect to goods sold on the website, and is not liable to you or any third party with respect to any loss, damage, costs, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.
14.1 Saddleworld may immediately suspend, terminate or limit your access to and use of this website if you breach these terms and conditions and the breach either cannot be remedied or you fail to remedy the breach within ten (10) days notice of that breach to you by Saddleworld
15.1 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.2 Any failure or delay by Saddleworld to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Saddleworld does not preclude its future exercise or the exercise of any power or right.
15.3 The laws of Victoria, Australia govern this agreement, in which your transaction is deemed to having taken place in Victoria.