Terms of service
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to
you, you must read these terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or
you). We are missy.hollins equestrian of 37 Liverpool Road, Neston, Cheshire CH64 3RB with
email address support@missyhollinsequestrian.com; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you
agree to be bound by these Terms and Conditions. By ordering any of the Services, you
agree to be bound by these Terms and Conditions. You can only purchase the Goods from
the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their
trade, business, craft or profession.
4. Contract means the legally-binding agreement between you and us for the supply of the
Goods.
5. Delivery Location means the Supplier's premises or other location where the Goods are to
be supplied, as set out in the Order.
6. Durable Medium means paper or email, or any other medium that allows information to be
addressed personally to the recipient, enables the recipient to store the information in a
way accessible for future reference for a period that is long enough for the purposes of the
information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and
description as set out in the Order:
8. Order means the Customer's order for the Goods from the Supplier as submitted following
the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and
personal information received from you via the Website;
10. Website means our website www.missyhollinsequestrian.com on which the Goods are
advertised.
Goods
11. The description of the Goods is as set out in the Website or other form of advertisement.
Any description is for illustrative purposes only and there may be small discrepancies in the
size and colour of the Goods supplied.
12. All Goods which appear on the Website are subject to availability.
13. We can make changes to the Goods which are necessary to comply with any applicable law
or safety requirement. We will notify you of these changes.
Personal information
14. We retain and use all information strictly under the Privacy Policy.
15. We may contact you by using e-mail or other electronic communication methods and by
pre-paid post and you expressly agree to this.
Basis of Sale
16. The description of the Goods in our website does not constitute a contractual offer to sell
the Goods. When an Order has been submitted on the Website, we can reject it for any
reason, although we will try to tell you the reason without delay.
17. The Order process is set out on the Website. Each step allows you to check and amend any
errors before submitting the Order. It is your responsibility to check that you have used the
ordering process correctly.
18. A Contract will be formed for the sale of Goods ordered only when you receive an email
from us confirming the Order (Order Confirmation). You must ensure that the Order
Confirmation is complete and accurate and inform us immediately of any errors. We are not
responsible for any inaccuracies in the Order placed by you. By placing an Order you agree
to us giving you confirmation of the Contract by means of an email with all information in it
(ie the Order Confirmation). You will receive the Order Confirmation within a reasonable
time after making the Contract, but in any event not later than the delivery of any Goods
supplied under the Contract.
19. Any quotation is valid for a maximum period of days from its date, unless we expressly
withdraw it at an earlier time.
20. We intend that these Terms and Conditions apply only to a Contract entered into by you as a
Consumer. If this is not the case, you must tell us, so that we can provide you with a
different contract with terms which are more appropriate for you and which might, in some
respects, be better for you, eg by giving you rights as a business.
Price and Payment
21. The price of the Goods and any additional delivery or other charges is that set out on the
Website at the date of the Order or such other price as we may agree in writing.
22. Prices and charges include VAT at the rate applicable at the time of the Order.
23. You must pay by submitting your credit or debit card details with your Order and we can
take payment immediately or otherwise before delivery of the Goods.
Delivery
24. We will deliver the Goods, to the Delivery Location by the time or within the agreed period
or, failing any agreement, without undue delay and, in any event, not more than 30 days
after the day on which the Contract is entered into.
25. In any case, regardless of events beyond our control, if we do not deliver the Goods on time,
you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into
account all the relevant circumstances at the time the Contract was made, or you said to us
before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
26. We not currently deliver to addresses outside UK, Europe, America, Canada, Australia or New Zealand.
27. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other
genuine and fair reason, subject to the above provisions and provided you are not liable for
extra charges.
28. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the
Delivery Location, we may charge the reasonable costs of storing and redelivering them.
29. The Goods will become your responsibility from the completion of delivery or Customer
collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
30. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to
you.
31. You do not own the Goods until we have received payment in full. If full payment is overdue
or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery
and end any right to use the Goods still owned by you, in which case you must return them
or allow us to collect them.
Deduction for Goods supplied
32. We may make a deduction from the reimbursement for loss in value of any Goods supplied,
if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is
necessary to establish the nature, characteristics and functioning of the Goods: eg it goes
beyond the sort of handling that might be reasonably allowed in a shop). This is because you
are liable for that loss and, if that deduction is not made, you must pay us the amount of
that loss.
Timing of reimbursement
33. If we have not offered to collect the Goods, we will make the reimbursement without undue
delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
34. If we have offered to collect the Goods or if no Goods were supplied, we will make the
reimbursement without undue delay, and not later than 14 days after the day on which we
are informed about your decision to cancel this Contract.
35. We will make the reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event, you will not
incur any fees as a result of the reimbursement.
Returning Goods
36. If you have received Goods in connection with the Contract which you have cancelled, you
must send back the Goods without delay and in any event not later than 14 days from the
day on which you communicate to us your cancellation of this Contract. The deadline is met
if you send back the Goods before the period of 14 days has expired. You agree that you will
have to bear the cost of returning the Goods.
37. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an
organised distance sales or service-provision scheme without the simultaneous physical
presence of the trader and the consumer, with the exclusive use of one or more means of
distance communication up to and including the time at which the contract is concluded:
b. sales contract means a contract under which a trader transfers or agrees to transfer the
ownership of goods to a consumer and the consumer pays or agrees to pay the price,
including any contract that has both goods and services as its object.
Conformity
38. We have a legal duty to supply the Goods in conformity with the Contract, and will not have
conformed if it does not meet the following obligation.
39. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before
the Contract is made, you made known to us (unless you do not actually rely, or it is
unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out
by us or set out in the Contract; and
c. conform to their description.
40. It is not a failure to conform if the failure has its origin in your materials.
41. We will provide the following after-sales service: The seller would support the customer with
any queries or questions they may have.
Successors and our sub-contractors
42. Either party can transfer the benefit of this Contract to someone else, and will remain liable
to the other for its obligations under the Contract. The Supplier will be liable for the acts of
any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
43. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable
b. the party's obligations will be suspended so far as is reasonable, provided that that party
will act reasonably, and the party will not be liable for any failure which it could not
reasonably avoid, but this will not affect the Customer's above rights relating to delivery and
any right to cancel, below.
Privacy
44. Your privacy is critical to us. We respect your privacy and comply with the General Data
Protection Regulation with regard to your personal information.
45. These Terms and Conditions should be read alongside, and are in addition to our policies,
including our privacy policy and cookies policy.
46. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal
Data, including, but not limited to the GDPR.
b. 'GDP' means the UK General Data Protection Regulation.
c. Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the
GDPR.
47. Where you supply Personal Data to us so we can provide Goods to you, and we Process that
Personal Data in the course of providing the Goods to you, we will comply with our
obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which
information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data: and
d. we will implement technical and organisational measures to ensure your Personal Data is
secure.
48. For any enquiries or complaints regarding data privacy, you can e-mail:
support@missyhollinsequestrian.com
49. The third party Wix, our website host handles all the data securely.
Excluding liability
50. The Supplier does not exclude liability for: (I) any fraudulent act or omission; or (ii) for death
or personal injury caused by negligence or breach of the Supplier's other legal obligations.
Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to
both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the
Customer's business, trade, craft or profession which would not be suffered by a Consumer
– because the Supplier believes the Customer is not buying the Goods wholly or mainly for
its business, trade, craft or profession.
Governing law, jurisdiction and complaints
51. The Contract (including any non-contractual matters) is governed by the law of England and
Wales.
52. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where
the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or
Northern Ireland.
53. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute
occurs customers should contact us to find a solution. We will aim to respond as soon as
54. Shipping options have proof of postage photos, tracking and GPS coordinates. Once an item has been handed over to the courier, it is in their care, therefore we cannot be liable for lost or damaged parcels.
possible with an appropriate solution. Contact us by email:
support@missyhollinsequestrian.com