Legal / T+C's
The terms and conditions of this disclaimer apply to the website www.equineeye.com and the products sold under the Equine Eye brand.
By visiting this website and/or using the provided information on or through this website, and/or purchasing our products you agree to this disclaimer.
- Use of our websites
The information on this website is only intended as general information. Visitors cannot derive any rights from the information displayed on this website. The information on this website has been compiled and updated with the greatest possible care. However, Equine Eye cannot guarantee the accuracy, completeness and timeliness of the provided information. Equine Eye excludes any liability with respect to the accuracy, completeness and timeliness of the provided information on this website and linked websites.
Equine Eye reserves the right to change all information provided on or through this website, including the text of this disclaimer, at any time and without prior notification. We therefore recommend that you regularly check the website content, including the text of this disclaimer, for updates.
Riding, training, and caring for horses are inherently dangerous activities. You hereby agree to indemnify, defend and hold Equine Eye, and its officers, agents, and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, damages and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of your use of the contents of this website, or purchase and/or use of products sold by Equine Eye.
TERMS & CONDITIONS
- Intellectual property
Equine Eye retains all intellectual property rights and other rights with respect to any information provided on or through this website (including all texts, graphics and logos). This content may not be copied, downloaded, multiplied, distributed or made available in any other way to others without prior written permission from Equine Eye.
- Ordering with Equine Eye
Please read the Terms and Conditions carefully before placing your order with Equine Eye. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, and our return policy including limitations of liability.
2.1 You agree to be bound by these Terms and Conditions when you submit an order.
2.2 Each order you place will be a separate and binding agreement between you and Equine Eye with respect to the supply of goods, in accordance with these Terms and Conditions.
2.3 Equine Eye reserves the right to accept or reject your order for any reason at any time.
2.4 When we accept an order, it represents an agreement by Equine Eye to supply you the goods in accordance with the order and these Terms and Conditions.
2.5 In the event that we reject an order under clause 2.3, we will notify you of that rejection and the reason for rejection via email within seven (7) business days after the placement of the order. Equine Eye will not be liable to you for your loss or that of any third party for the rejection of an order.
2.6 Where we reject an order and your payment for the goods has already been processed, we will refund any money paid to us in respect to that order and make reasonable endeavours to process the refund within seven (7) business days.
2.7 You are bound by the shipping and returns conditions outlined on our website.
2.8 You may receive online offers and promotions, whether mailed to your home, or emailed to you, which include a promotional or coupon code for use when shopping at Equine Eye. It is your responsibility to ensure that the code is valid, and that you enter the code at the time of making your purchase online. We cannot apply the code retrospectively once you have submitted your order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Equine Eye. Any code is non-transferable and may not be used in conjunction with any other offer.
3. Equine Eye’s liabilities to you
3.1 Risk and title in the goods passes to you on the date and time of delivery of the goods to the customer.
3.2 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by law, we 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, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
3.4 Subject to any rights you have under any consumer protection law, Equine Eye excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
3.5 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
3.6 Equine Eye does not make any express warranties with respect to goods sold on the website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.
3.7 Equine Eye disclaims responsibility for losses occurring due to delays in product shipment, and the use or misuse of products purchased from this website.
Unless you state to the contrary, you acknowledge and expressly consent to the use or disclosure of your personal information including your name, address, email address and other information you provide to us.
You acknowledge that any information collected by us has been knowingly provided by you at your sole discretion, and you understand the terms herein on which that information has been collected and disclosed.
1. Collection of Information
1.1 We may collect personal information from you including your name, address, telephone number and email address when you knowingly provide us with information when you visit our website, enter into a competition or promotion, deal with our related entities, participate in a survey, or any 'after sales' follow-ups.
1.2 Our website contains an electronic mailing list, which is an "opt-in" service. This means we will not add email addresses to the mailing list without your prior consent. You can only be added to our website mailing list if you, or someone in control of your email account, chooses to receive email from us.
1.3 When browsing our website we may collect information in connection with your web browser including: 3.4.1 Your IP address; 3.4.2 The type and version of your browser; 3.4.3 The pages that you visit on our website.
1.4 Any personal information that you submit to us whether by electronic, postal, telephone or any other method may be used by us for promotion and marketing by us
1.5 We will never publish your personal information on our Website, any public listing or directory or in any of our promotional material without your express consent.
1.6 You can access and request correction of any personal information about you if it is inaccurate, incomplete or out of date.
1.7 If you no longer want to receive communication from us you may request us to delete your personal information.
You can obtain further information about privacy in Australia and the protection of your personal information on the Australian federal Privacy Commissioner's website
CUSTOMS AND DUTIES CHARGES
Payment of any customs, taxes or duties imposed by the customs department (or similar) in your country is your responsibility.
1.1 Equine Eye warrants the Covered Product to be free of all defects in material and workmanship for 1 year. This warranty extends to the original buyer only.
1.2 Within the period of this warranty, Equine Eye will repair or replace, free of charge, any part proving defective in material or workmanship. All warranty repairs and service must be performed by an authorised Equine Eye technician. All expenses related to replacing or repairing a defective part under this warranty shall be assumed by Equine Eye.
1.3 Warranty Exclusions. This warranty does not apply to any costs, repairs, or services for the following:
- Repairs necessitated by use other than normal use
- Damage resulting from misuse, abuse, accidents, alterations, or improper installation
- Corrective work necessitated by repairs made by anyone other than an Equine Eye authorised service technician
1.4 To obtain warranty service, the buyer may return the Covered Product to Equine Eye, who will do one of the following:
- Service or repair the Covered Product to conform to the applicable warranty
- Replace the Covered Product with goods those are identical or reasonably equivalent to the warranted goods
- Refund to the buyer the original purchase price less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity
1.5 Equine Eye reserves the right to reject warranty claims when they are deemed a warranty exclusion.