Terms and Conditions

HORSEY PTY LTD – ONLINE TERMS OF USE

  1. Introduction
    1. Welcome to the Horsey Pty Ltd (“Horsey”) Website.  Horsey provides access to and use of this website subject to these terms.  Please read these terms carefully.  By accessing and using this website and/or Ordering Products from Horsey, you agree to be contractually bound by these terms.
    2. In these terms:
      1. Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);
      2. Customer”  means a person who registers with Horsey and/or who places an Order;
      3. Defined Abuse” means misuse of the Horsey Website as follows: (a) giving an unauthorized person the User’s account and password details, (b) deliberately or recklessly disrupting Horsey’s service, (c) engaging in the practice known as spamming, (d) using the Horsey Website in an unlawful manner, (e) using the Horsey Website to menace or harass others, (f) Denial-of-service attacks on other users or networks, (g) using the Horsey Website to unlawfully obtain access to other networks, or (h) as otherwise reasonably determined by Horsey;
      4. Denial-of-service attacks” includes behaviour of the User that results in disruption of Horsey’s service, disruption of other people’s use or enjoyment of the Horsey Website, which includes but is not limited to computer viruses, IRC harassment, e-mail bombardment, damage to internet-connected resources and channel flooding;
      5. GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
      6. Implied Term” means a term implied into this agreement by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law;
      7. Horsey” means Horsey Pty Ltd, a company registered in Australia;
      8. Horsey Website” means a website or other form of electronic communication used or operated by Horsey in relation to Products and Promotions;
      9. Login Details” means a unique login identification code, password, and/or other login information to enable connection to the Customer’s account;
      10. Order” means an offer to purchase Product(s) from Horsey via the Horsey Website;
      11. Product” means a good and/or service promoted by Horsey on the Horsey Website;
      12. Promotion” means the promotion of Products by Horsey via the Horsey Website;
      13. User” means a person who uses the Horsey Website, even if that person does not place an Order.  Where the context permits, references in these terms to a “User” also include a Customer.
    3. These terms apply to Customers and Users.  These Terms will commence when a User first uses the Horsey Website and shall continue to govern that User’s use of the Horsey Website.  These Terms also govern an Order by a Customer and the Customer’s relationship with Horsey.
  2. Use of Horsey Website
    1. Horsey agrees to use its best endeavours to provide the Horsey Website and to Promote Products in accordance with information available to it.  However, Horsey does not warrant that the Horsey Website or any service will be uninterrupted or error free, or that Product descriptions or other content are accurate, complete, reliable, current, or error-free.
    2. Upon a Customer registering with Horsey, Horsey will provide the Customer with Login Details and a unique user account.  Login Details are personal to the Customer.  The Customer must not use Login Details for multiple concurrent logins and must ensure that Login Details are not disclosed to any other person.
    3. Use of and access to the Horsey Website and any Customer’s user account shall be personal to the Customer only.  The Customer must not permit any other person to use the Horsey Website by means of the Customer’s user account.  The Customer must immediately notify Horsey if another person becomes aware of the Customer’s Login Details.
    4. A User must not use any information obtained from the Horsey Website, or in respect of any Order, Product or Promotion, for commercial purposes.
    5. Horsey attempts to reproduce our colours as true to life as is practicable, but due to the nature of the printing and screen display process, sometimes Product colours may vary slightly from the colour chart or their images.
    6. The User shall comply with all policies (including acceptable use policy and privacy policy) in relation to the Horsey Website as published by Horsey from time to time.
    7. This site and its contents are subject to copyright and are protected by Australian and international copyright laws.  The compilation (including the collection, organisation and display of all content on the Horsey Website) is the exclusive property of Horsey and must not be reproduced without the prior written consent of Horsey.  All trade marks, signs, logos and get-up (“marks”) contained on the Horsey Website are owned by Horsey or its suppliers.  The User must not use such marks without the prior written consent of the respective owner.
    8. Any articles, comments, news items, other web sites and hyperlinks referred to on the Horsey Website are included for information purposes only.  Third party sites are not under the control of Horsey and therefore Horsey is not responsible for the condition or content of them.  The User accesses these sites and/or use their products and services at its own risk.  Horsey makes no representations as to: any affiliation with any other organization; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organization.
    9. Horsey is unable to guarantee that any file made available for download from the Horsey Website is free from viruses or other conditions which could damage or interfere with data, hardware or software.  The User assumes all risk of files downloaded and used from this site and releases Horsey from all responsibility and liability arising from their use.
    10. The User may post comments, reviews, suggestions or other information on the Horsey Website’s forums or discussion threads.  However, the User must not represent expressly or impliedly that such content is endorsed by Horsey or reflects the views of Horsey.
    11. The User must not post or submit any content to the Horsey Website that is unlawful or promotes illegal activity, or is offensive or objectionable.  This includes, but is not limited to, content that:
      1. is false or misleading according to the Australian Consumer Law or any other law;
      2. is obscene, threatening or defamatory;
      3. is invasive of privacy;
      4. infringes on any persons’ intellectual property rights;
      5. harasses another User or any other person or group, or encourages such harassment;
      6. is verifiably untrue;
      7. constitutes commercial solicitation, political campaigning, or involves the transmission of unsolicited mass mailing (‘spamming”);
      8. identifies the author as someone other than the true author of the post;
      9. is pornographic or sexually explicit in nature;
      10. or would otherwise be considered illegal, objectionable, or would reasonably be considered offensive to other users of the site.
    12. Horsey reserves the right to monitor any content posted to the Horsey Website, and to remove any content that violates any clause contained in these Terms of Use.
    13. The User is solely responsible for any content they post to the Horsey Website, and the User represents the User owns or otherwise controls all of the rights to the content that he or she post; that the content is accurate; that use of the content the User supplies does not violate this policy and will not cause injury to any person or entity.  The User will fully indemnify Horsey for all claims resulting from content the User supplies.
    14. By posting content to the Horsey Website, the User grants, and represents that they have the right to grant, Horsey a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  3. Purchasing Products
    1. The Promotion of Products by Horsey is an invitation to treat and not an offer to sell any Products.  Horsey reserves the right to accept or reject any Order for any reason.  Once a Customer places an Order, that Order cannot be cancelled, rescinded or revoked.
    2. Horsey will send an email to the Customer to acknowledge an Order (as long as the correct email address is provided).  This is not an order confirmation or acceptance of an Order.
    3. Horsey may accept an Order by debiting the Customer’s bank account or credit card for the amount of the Products (for the avoidance of doubt, Horsey may accept all or part of an Order).
    4. Upon Horsey’s acceptance of an Order, the Customer agrees to purchase and Horsey agrees to supply the Products in consideration for the price specified on the Horsey Website and otherwise subject to the terms of this agreement.  The Customer must pay Horsey in full and in advance for all Products purchased (including applicable taxes, duties and delivery charges, where applicable).  Once Horsey accepts an Order, Horsey will debit the Customer’s bank account or credit card through a secure payment facility or gateway.  The Customer authorizes Horsey to debit money from the Customer’s bank account or credit card for the purposes of such transaction.
    5. Title in and over the Products remains with Horsey until payment in full is received.  Risk of loss or damage to the Products shall pass to the Customer upon dispatch.
    6. The Customer warrants to Horsey that the Customer has made all necessary enquiries and satisfied itself regarding the suitability of the Product for its purposes.
    7. Products are subject to availability.  In the event that Horsey is unable to supply Products, we will inform you of this as soon as possible. A full refund will be given where the Customer has already paid for the Products.
    8. In the event a Product is listed at an incorrect price or with incorrect information due to typographical or clerical error or due to incorrect information received from our suppliers, Horsey reserves the right to cancel the Order.
    9. Payments made by credit card may be subject to a surcharge to cover merchant fees, which fees will be notified at the time of check out.
    10. Unless expressly stated otherwise, all references to consideration (including charges) relating to this agreement are in Australian dollars (AUD) and include 10% GST.  All charges are non-refundable.  The Customer shall pay the charges in full without any deduction or set-off whatsoever.
    11. Products purchased for delivery outside Australia may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  The Customer will be responsible for payment of any such import duties and taxes.  Horsey has no control over these charges and cannot predict their amount.  Customers should contact their local customs office for further information before placing an Order.
    12. The Customer must comply with all applicable laws and regulations of the country for which the Products are destined.  Horsey will not be liable for any breach of any such laws.
  4. Delivery
    1. Horsey offers free delivery Australia-wide via Australia Post (regular mail).  Orders will be processed within 2 business days after they are accepted and payment is received in full.
    2. Customers may choose to have their purchase sent by Express Post (via Australia Post) Australia-wide at an additional charge, to be calculated at the time of check out. Orders will be processed within 2 business day after they are accepted and payment is received in full.
    3. For international Orders, shipping charges will be calculated at the time of check out.
    4. Delivery times provided by Horsey are estimates only.  Actual delivery is provided by third parties outside of our control.  Horsey will not be responsible for late deliveries or loss or damage relating to late deliveries.
  5. Returns and Refunds
    1. Goods purchased from Horsey by the Customer may be subject to consumer guarantees under the Australian Consumer Law.  The Customer may be entitled to a replacement or a refund for a major failure of a consumer guarantee under the Australian Consumer Law.  The Customer may also be entitled to a refund for a minor failure of a consumer guarantee.  The Customer may also be entitled to compensation for any reasonably foreseeable loss or damage as a result of a failure of a consumer guarantee.  The Customer must inform Horsey once they become aware of any fault in any goods received.  When contacting Horsey the Customer should provide as much detail as possible about the order and the problems with the goods.
    2. The Customer may also return any goods (except goods purchased on sale) within 14 days of receipt of those goods, for a replacement or a full refund.  Any goods returned under this clause must be undamaged, unused and in their original packing.
    3. All goods for which the Customer seeks a refund or replacement should be returned to Horsey at the address on our website.  The Customer is responsible for any costs of return.  Returned goods are the responsibility of the Customer until they are received by Horsey.  The Customer is responsible for ensuring that goods are properly packed to avoid damage in transit.  Horsey recommends that the Customer use a postal service that insures the value of the goods to be returned.
    4. Returns will be inspected and processed within 30 days of Horsey’s receipt of the goods. Replacements will be sent to the address given with the original order or refunds will be credited to the account or credit card from which payment was originally received.
  6. Warranties and liability
    1. The Customer warrants to Horsey that:
      1. all information supplied by the Customer is true and correct;
      2. the Customer will not use the Horsey Website in an breach of any law or any persons rights (including intellectual property rights); and
      3. the Customer is over 18 years of age and is entitled to purchase the Products.
    2. The Customer is personally responsible for all purchases of Products made via the Horsey Website (including being vicariously responsible for purchases made by any other person using the Customer’s account).
    3. Each Customer and User must indemnify and save harmless Horsey and its related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
      1. any information provided by or on behalf of the Customer or User;
      2. the use of a Product by any person (including any Customer or User or any third person);
      3. any alleged breach of a person’s rights (including, but not limited to, defamation and intellectual property rights) in respect of any Product or any use of the Horsey Website;
      4. any breach of these terms.
    4. All Implied Terms are expressly included in this Agreement.  All other terms which might otherwise be implied into this Agreement, are excluded.
    5. Subject to the Australian Consumer Law, each User and Customer agrees that Horsey’s maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to this agreement, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
    6. Subject to sub-section 267(4) of the Australian Consumer Law in relation to an Implied Term, in no event will Horsey be liable to a User or a Customer or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to this agreement.
    7. Advice and information given by Horsey is provided on an “as is” basis.  Horsey is not required to provide such advice or information under these terms and the User shall make its own enquiries as to the appropriateness and correctness of such.  Subject to these terms, Horsey shall not be responsible for loss occasioned by the User in reliance thereof.
    8. Horsey disclaims, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in the Horsey Website, including any errors, omissions or harmful components.
  7. Use of information
    1. The User authorizes Horsey to use and provide personal information to its suppliers to the extent necessary to fulfil its obligations under these terms.
    2. Horsey may also collect the User’s personal information and use it for the following purposes:
      1. for marketing purposes, including to provide information about goods or services which Horsey or any of its suppliers or related bodies corporate or affiliates may offer;
      2. to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services;
      3. for the purpose of engaging with, assisting and fulfilling its obligations to third party suppliers;
      4. for purposes related to or arising out of Horsey’s provision of services and credit or commercial credit.
    3. The User gives its consent to the types of use of information described in these terms.  The User gives its consent to Horsey sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the User.
    4. Our privacy policy [insert hyperlink to Horsey Privacy Policy] shall be deemed to be incorporated into these terms.
  8. Ethical sourcing policy
    1. Horsey recognises its responsibility to ensure that it and all its suppliers act ethically.  Horsey endeavours to ensure that we only purchase from suppliers who provide an environment where the health, safety, and basic human rights of their workers are protected.  Horsey expects all suppliers to comply with relevant national employment laws and regulations, particularly as regards:
      • minimum age of employment;
      • freely chosen employment;
      • health and safety;
      • freedom of association and the right to collective bargaining;
      • no discrimination;
      • no harsh or inhumane treatment;
      • working hours;
      • rates of pay; and
      • terms of employment.
    2. Horsey takes all reasonable endeavours to ensure compliance with the above standards and will not knowingly source from suppliers who are in breach of these standards, or are involved in the use of sweatshop labour, forced labour, convict labour or child labour.  Horsey does not warrant that every individual in its supply chain has been treated as Horsey would expect, but Horsey recognises and undertakes to be proactive in ensuring the rights of those involved in the supply chain are adequately respected.
  9. General
    1. Notwithstanding any provision in these terms, all or part of the agreement governed by these terms may immediately be terminated by Horsey for any reasonable reason (for example, if Products become unavailable).
    2. Horsey will not be responsible for any delay or failure to perform its obligations under these terms caused by any act beyond its control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person.
    3. These terms and Horsey’s policies regarding the Horsey Website are subject to change by Horsey from time to time.  Any such change shall be uploaded to the Horsey Website.  Users should re-check these terms before placing each and every Order.  A Promotion may also be subject to additional terms, as notified at the time of the Promotion.
    4. These terms contain the entire agreement of the parties with respect to its subject matter.  They set out the only conduct relied on by the parties and supersede all earlier conduct and negotiations by the parties with respect to their subject matter.
    5. Any right under these terms may not be waived or varied except in writing signed by the person to be bound.
    6. Horsey may assign or novate any of its rights or obligations under these terms and the User gives its consent to such assignment or novation.
    7. The User warrants to Horsey that he or she has all necessary authority to enter into the agreement governed by these terms.
    8. The agreement governed by these terms is governed by the laws of Victoria, Australia.  The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.