General terms and conditions

  1. General

    The website located at http://www.barefoot-saddle.co.nz or http://www.equinz.co.nz (the "Site") are shopping and information websites where you can browse, select and order products from Equinz. ("us" or "we").

    Your access to and use of the Site is governed by these terms and conditions.
  2. Compliance

    You agree to be bound by, and comply with these terms and conditions, and the laws of New Zealand relating to your use of the Site.
  3. Placing an order

    You may place an order for products on this Site by selecting and submitting an order in accordance with these terms and conditions.

    Any order placed through this site for a product is an offer to purchase the particular product for the price notified (including delivery, any other charges and taxes) at the time you place the order.

    You agree to provide us with complete and accurate details pertaining to the order when asked to do so by the Site.
  4. Acceptance or rejection of an order

    In certain circumstances we may need to reject your order. This may happen if the requested product is unavailable and we are unable to obtain stock, or if there is an error in the price advertised.

    Each order placed for products through this site represents a binding agreement between you and us for the supply of those products.

    If we reject an order placed through this site, then we will endeavour to contact you within a reasonable amount of time after you submit your order.
  5. Back orders

    Because most of our products are sourced from overseas, there will be times when products on the site are on back-order. We will endeavour to fill back-orders within 30 days, however we can not gaurantee that delivery can be achieved in this time. We will attempt to notify you of the change of delivery date.
    Note that all customised products will automatically go on back-order.
  6. Delivery of Products

    We will deliver products ordered through this site to the delivery address provided on the order. We will send you tracking information for your order once it has been dispatched, and an approximate delivery time.

    We recommend that you be present when the goods are expected to arrive to ensure that the goods have been delivered in good order.
  7. Risk and Title

    Risk and title pass to you at the date and time of delivery at the delivery address, and at such time as the goods and associated costs are paid in full.
  8. Cancelling an order

    We may cancel an order (including orders that we have accepted) without any liability to you for that cancellation at any time if

    (a) the products in that order are no longer available; or
    (b) there was an error in the price or product description posted on the site for that product; or
    (c) We reasonably believe that your order has been placed in breach of these terms and conditions; or
    (d) payment for your order has not been accepted by our banking partners.

    If we do so, we will endeavour to contact you as soon as possible, and you will not be charged for the cancelled order.

    You may cancel an order (whether it is accepted by us or not) by contacting Customer Services during contact hours at any time prior to dispatch of that order. Please note that any deposit paid for product we have already ordered may be forfeited at our discretion.
    Once an order has been dispatched for delivery to you, you may return the relevant products in accordance with these terms and conditions.

  9. Fees and Charges

    We will charge you, and you agree to pay, the full purchase price of each product that is ordered, and is available for sale, the delivery fee for your order, and any other fee or charges set out in these terms and conditions.

    If a product is not immediately available for sale, and you wish to place an order for a product regardless, a deposit of 50% of the purchase price will be required. Once the product has arrived at our store you will be notified and you will be required to pay the balance of the purchase price, the delivery fee for your order and any other fee or charges set out in these terms and conditions.

    All prices, fees and charges identified in these terms and conditions include GST where applicable

    The purchase price of the products on this site are the product list prices at the time you place your order. This price may subsequently change, however once we have accepted your order, we will not change any prices that apply to the products on your order.

    If you subsequently cancel your order, any refund for deposits paid will be forfeited at our discretion. we will not refund any Delivery Fees where the products on that order have already been dispatched for delivery. It is your responsibility to ensure that the products are returned to us within 10 working days in the condition that they were recieved.
  10. Fit Kits and Trials

    From time to time we may have Trial products available. We also have Fit Kits available for Hoof Boots. Fit Kits must be returned after one week of receipt. Failure to return fit kits will result in the customer being invoiced an additional rental fee for each week or part there-of until the product is returned.

    Trial items not returned after one week of receipt will result in the customer being invoiced for the full value of the trial item(s).
  11. Payment Methods

    You may pay the fees and charges for an accepted order using the following payment methods:

    (i)   Visa;
    (ii)  Mastercard;
    (iii) Cheque as set out below;
    (iv) Bank Deposit as set out below

    If paying by cheque or bank deposit, you will be provided with address details and bank account details upon completion of your order. please remember to include the order reference number and your name so we can match payments to orders.

    If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order form your nominated credit card.

    You must not pay, or attempt to pay, for products on this website through any fraudulant or unlawful means. Any attempt to do so will be reported to the New Zealand Police.

    Dispatch of orders and placing of special orders will not be done until payments have been received as set out above.

    If we are unable to successfully process your credit card, or match your cheque or bank deposit, then we may cancel your order. If you believe your order has been cancelled in error, please contact our customer services representatives.
  12. Damaged Products and Returns

    You must check your products delivered to you immediately to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of the product and notify us through our Customer Service. If you notice damage to a product after delivery, then you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.

    If you wish to return a product that is not damaged and was provided to you under these terms and conditions, then you may return that product within 14 days for a full credit providing the product is in the condition that it was provided to you.

    If the product is returned in a used condition, we may elect to withhold a fee to cover the cost of cleaning or other remedy to return the product to a saleable condition.

    We will not refund the delivery fee where the product has been delivered to you, except in the case where you are returning the product because it was damaged.
  13. Liability

    We exclude all implied terms and warranties whether stated or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.

    We will not be liable to you for any indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) arising or connected to this agreement.

    Where any law implies in this agreement any term, and that law prohibits or voids provisions which exclude or modify the operation of such a term, then the term is to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

    (a)  in the case of services: the resupply of the services; or the payment of the cost of resupply; and
    (b)  in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or acquiring equivalent goods); or the payment of the cost of having the goods repaired.

    Our liability to you for loss or damage of any kind arising from this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage.

    Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
  14. Termination

    We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:

    a)  the breach can not be remedied; or
    b)  you fail to remedy the breach within 10 days of our notice to you of that breach; or
    c)  if there is an emergency.

    We may stop this site (or any part of it) from being available without prior notice. If so any products that have been ordered will not be affected by this unless the products are no longer available or we are prevented from supplying the products,  in which case we will notify you and will refund you for all valid payments that have been received by us for these products.
  15. Privacy
    We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1993.

    We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:

    (a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
    (b) with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
    (c) for other purposes to which you consent to (either express or inferred consent).

    We may transfer your personal information to others in countries outside New Zealand. We will only do this within the scope of that mentioned above

    You may access your personal information, by logging into your registered account or by contacting us.

    All passwords retained on this site are stored in  encrypted data tables. No credit card or other banking information is retained on this site.