Purpose of Policy
- This policy sets out the Terms and Conditions on which Scone Equine Hospital ACN 138 546 595 (“SEH, we or us”) will supply to you the products listed on our Website sconeequinegroup.com
- You should read these Terms and Conditions carefully before ordering any products from our Website.
- SEH, the owners of sconeequinegroup.com, reserves the right to make changes to the sconeequinegroup.com Website, its Terms and Conditions and legal notices at any time.
- Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Disclaimers and Limitation of Liability
- By using the sconeequinegroup.com Website, you expressly agree that use of the Website is at your sole risk.
- The following clauses exclude or limit our liability for your use of the Website. They all apply so far as the law permits.
- The sconeequinegroup.com Website is provided on an "as is" and "as available" basis. Neither SEH nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the sconeequinegroup.com Website will be uninterrupted or error-free.
- Neither SEH nor its Associates warrant the accuracy, integrity or completeness of the content provided on the sconeequinegroup.com Website or the products or services offered for sale on the sconeequinegroup.com Website.
- SEH makes no representation that content provided on the sconeequinegroup.com Website is applicable to, or appropriate for use in, locations outside of Australia.
- SEH and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose.
- No oral advice or written information given by SEH or its Associates shall create a warranty.
- Under no circumstances shall SEH or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the sconeequinegroup.com Website, including but not limited to reliance by you on any information obtained from the sconeequinegroup.com Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.
- The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of SEH has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the sconeequinegroup.com Website.
- Under no circumstances shall SEH or its associates be liable for special, indirect, consequential or punitive damages as a result of use or misuse of the Products sold on sconeequinegroup.com.
- Where an Act of Parliament suggests any term, condition or warranty in the Terms & Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of SEH will be limited. If the breach relates to purchased Product, SEH may choose to replace the goods or supply the equivalent goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods.
- Prices and availability of products and services are subject to change without notice.
- Errors will be corrected where discovered, and SEH reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
- If your credit card has already been charged for the purchase and your order is cancelled, SEH will issue a credit to your credit card account in the amount of the charge.
- Individual bank policies will dictate when this amount is credited to your account.
Validating Your Order
- After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.
- We reserve the right to reject any order you place with us, and/or to limit quantities on any order,
without giving any reason.
(a) If we reject your order, we will attempt to notify you.
- Your credit or debit card will not normally be charged if we reject an order, but we will process a refund if the charge has been made against your card.
- Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
- The sconeequinegroup.com Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Price and Payment
- The price of the products and our delivery charges will be quoted on the Website from time to time, except in cases of obvious error.
- Product prices include GST.
- We may change products prices and delivery charges at any time, but changes will not affect orders in respect of which you have already been sent a dispatch confirmation.
- Payments for all our products are made through a secure payment gateway system on our Website. Through that system, we currently accept payments with VISA, Mastercard and American Express, AfterPay & PayPal.
SEH stands behind its’ products.
- If you are not completely satisfied with your purchase from sconeequinegroup.com, for any reason at all, we will happily replace your purchase or refund your money, whichever you prefer.
- When you order from sconeequinegroup.com, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence.
- If at any time you have problems with an order, simply contact customer service.
- We reserve the right to reject any order you place with us, and/or to limit quantities on any order,
without giving any reason.
(a) If we reject your order, we will notify you.
- SEH may, at its own discretion, limit or cancel quantities purchased per person, per household or per order.
- SEH also reserves the right to reject any order you place with us.
- These restrictions may include orders placed by the same sconeequinegroup.com Website account, the same credit card, and orders that use the same billing and/or shipping address.
- In the event we make a change to an order, we will notify you.
- We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason.
- We only deliver to addresses within Australia.
- While we endeavour to ship throughout Australia you will be informed on the Website whether we can deliver to your requested delivery address.
- We give no warranty that delivery is available in your postcode.
- During the ordering process, you must select a delivery window for us to deliver the order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an order.
- We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
- We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
- We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
- Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
- You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
- Depending on the location or the time of the delivery a delivery fee may apply.
(a) Any fee under clause 4.1(a) will be communicated at the point that you place your initial order.
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
- Payment is to be made in accordance with clause 7.
Risk and Title
- You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
- Ownership of the Products will only pass to you when SEH receives full payment of all sums due in respect of the Products, including any delivery charges.
- This clause is in addition to your rights under clause 7.
- If the product you purchase from the Website is spoiled, contaminated or otherwise faulty we will refund the purchase price or replace your purchase, whichever you prefer.
- We will offer a refund or replacement product(s) if it can be shown that clause 11.2 applies. You must contact SEH at email@example.com within seven (7) days of receiving your purchase to qualify for a refund. We ask that you provide evidence that your purchase from the Website was spoiled, contaminated or otherwise faulty.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase or as agreed.
Force Majeure Events
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (“Force Majeure Event”).
- A Force Majeure Event means an event or circumstance beyond the reasonable control of a party and
which could not have reasonably been foreseen including, but not limited to acts of god, acts of
terrorism, war, riot, civil disorder, earthquake, floods, fire, extreme weather event, force of nature, or
other reasons of a like nature, epidemic, pandemic, accident, strikes, lock-outs, labour troubles,
inability to procure materials, failure of power, restrictive governmental laws or regulations, or other
contingencies the non-occurrence of which was a basic assumption on which these Terms and
Conditions were made and which prevents or delays a party to these Terms and Conditions from
performing their obligations, other than an obligation to pay money, where that event or circumstance:
(a) has not resulted from the party claiming the Force Majeure Event breaching its obligations under this agreement; and
(b) could not reasonably have been prevented, avoided, remedied or overcome by the party claiming the Force Majeure Event acting prudently and with reasonable care and diligence.
- Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
Termination of Use
- SEH may, in its sole discretion, terminate your account or your use of the sconeequinegroup.com Website at any time.
- You are personally liable for any orders that you place or charges that you incur prior to termination.
- SEH reserves the right to change, suspend or discontinue all or any aspects of the sconeequinegroup.com Website at any time without prior notice.
- Our failure or delay to exercise a power right does not operate as a waiver of that power or right.
- The exercise of a power or right does not preclude;
(a) Its future exercise; or
(b) The exercise of any other power or right.
- Our variation or waiver of a provision of these Terms and Conditions or consent to a departure from the Terms and Conditions will be ineffective unless in writing and executed by us.
- SEH reserves the right to make changes to the sconeequinegroup.com Website, its Terms and Conditions and Legal Notices at any time.
- If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extend be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by the law.
- These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter.
- The laws applicable in New South Wales govern these Terms and Conditions and any dispute in connection with these Terms and Conditions.
- The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts