TERMS & CONDITIONS

This page tells you the terms and conditions on which we supply any of the products (Products) listed by us on our Ebay Auctions, Ebay Shop or Ebay Express to you.  Please read these terms and conditions carefully before placing a bid for or order for any Products.  You should understand that by placing a bid or order for any of our Products, you agree to be bound by these terms and conditions.

Once you place an order for any Products or, in the case of an auction, you are the winning bidder a legally binding contract shall be formed between us in respect of the purchase by you of the Product(s) (Contract).

You should print a copy of these terms and conditions for future reference.

1.                  Information about us

Ehorsesells4U and Ehorseshopping are operated by Jane Smettem of Buttercross Cottage, Barrow, Rutland, LE15 7PE, United Kingdom trading as “Ehorsesells4U”. 

2.                  Your status

By placing a bid or order for a Product, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

3.                  description of products

3.1               The description of the Product shall be set out in the Product Listing.

3.2               Where the Product is a second hand item the description of that Product is based upon an inspection that we have carried out of the Product prior to its listing. We shall not have any liability to you in respect of any faults or defects in the Product that we would not reasonably have been expected to discover upon carrying out a reasonable inspection of the Product.

4.            delivery

4.1      Unless stated otherwise within the Product listing we will arrange for the Product(s) to be dispatched to you within 2 working days of the date we have received full payment due in respect of the Products in cleared funds, including delivery charges.

4.2      Where we have stated that we will not arrange for the Product(s) to be delivered, you shall be responsible for arranging for delivery or collection of the Goods at your own cost.

4.3      Delivery costs for Products, the total value of which does not exceed £100, shall include insurance.  Where insurance is not included in the delivery costs we shall, at your request and expense, arrange additional insurance, provided always that we reserve the right to require you to arrange insurance at your own expense in respect of high value items.

4.4      In the event of loss or damage caused to any Products prior to delivery you shall cooperate with us in relation to any claim that we make to any third party (whether to the royal mail or otherwise) in respect of such loss or damage and shall promptly provide us (or royal Mail or otherwise) with any information that we (or they) may reasonably request from you in the course of making a claim. 

4.5      Please note that in some cases we accept orders as agents on behalf of third parties and that the Product(s) may be located at a location other than the address given at clause 1 above. Where you are responsible for arranging delivery or collection of the Product(s) you are strongly advised to contact us to confirm the location of the Products and to investigate the likely cost of delivery or collection (if not specified in the Product Listing) before you place a bid or order for any relevant Products.

4.6      Where you have ordered or won multiple Product(s) over a continuous period we may, at our absolute discretion, agree to combine the delivery costs for the relevant Products in to one payment.

4.7      If you wish to combine postage payments for multiple Products please inform us as soon as possible and do not pay for any other Products until we have agreed a combined postage cost with you.

5.            Risk

5.1      The Products will be at your risk from the time of delivery or collection.

5.2      Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products in cleared funds, including delivery charges.

6.            Price and payment

6.1      The price of any Products will be as quoted in the Product listing or in the case of an auction, the value of the winning bid.

6.2      Where applicable, unless stated otherwise within the Product Listing prices include VAT but exclude delivery costs (which are normally separately specified in the listing), which will be added to the total amount due.

6.3      Unless agreed otherwise by us in writing, you must pay all sums due in respect of any Products no later than 5 days from the date of your order or the close of the relevant Auction.

6.4      The delivery costs for Products vary depending upon the destination and are as specified in the Product listing. Where delivery costs are not specified in the Product listing in respect of your desired delivery destination, you can either request a quote or we will notify you of the cost within a reasonable time of receiving your order or the close of the relevant auction.

6.5      The methods of payment accepted for the Product(s) shall be as stated in the Product listing. Where no methods of payment are stated in the Product listing payment for the Product(s) must be in pounds sterling and by one of the following methods:

6.5.1                   Paypal;

6.5.2                   Echeques;

6.5.3                   UK cheque

6.5.4                   UK postal order

7.            Our RETURNS & refunds policy

7.1      If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).  This provision does not affect your statutory rights.

7.2      To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. 

7.3      When you return a Product to us, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive the returned items or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.

7.4      Where a Product is returned by you because of a defect it will, at your option, be (subject to availability) replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Your right of replacement does not apply to auction items or items which have not been purchased on a fixed price or buy it now basis.

7.5      Products returned by you within the seven-day cooling-off period will be refunded in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

7.6      Please return any Products to the address given at clause 1 above. For the purposes of identification, please provide full details of your name, address, e-mail address, telephone number and e-bay reference number with any Products that you return to us. Failure to do so may result in a delay in providing a replacement or refund.

7.7      Please ensure that any clothing returned is carefully folded and appropriately packed.

8.            Our liability

8.1      We warrant to you that any Product purchased from us through our site is of satisfactory quality. 

8.2      Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.  

8.3      This does not include or limit in any way our liability:

8.3.1                   For death or personal injury caused by our negligence;

8.3.2                   Under section 2(3) of the Consumer Protection Act 1987;

8.3.3                   For fraud or fraudulent misrepresentation; or

8.3.4                   For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.4      We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.            Import duty

9.1      If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

9.2      Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

10.        Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. You accept that we will contact you mainly by e-mail.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

11.    Notices

All notices given by you to us must be given to Jane Smettem at janesmettem@gmail.com  We may give notice to you at either the e-mail or postal address you provide to us when placing an order or such other address as is provided to us via E-bay.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12.    Our right to vary these terms and conditions

12.1                       We have the right to revise and amend these terms and conditions from time to time. 

12.2                       You will be subject to the policies and terms and conditions in force at the time that you order or win Products, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

13.    GENERAL

13.1                       The contract between you and us is binding on you and us and on our respective successors and assigns. 

13.2                       You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

13.3                       We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13.4                       We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. 

13.5                       If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.6                       A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.7                       No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.

13.8                       If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13.9                       These terms and conditions and the relevant Product listing represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.10                We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

13.11                Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

13.12                Contracts for the purchase of Products will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.