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Danby Equestrian Terms & Conditions of Business
 

Please read all these terms and conditions.

So 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. If you are not sure about anything, just contact us on
jocedanby@googlemail.com.
Your Statutory Rights are not affected by any of the following Terms and Conditions.

Application
1. These Terms and Conditions will apply to the purchases of the services and goods by you,
the Customer.
2. These are the terms on which we sell all Services to you. By ordering any of the Services or
goods, you agree to be bound by these Terms and Conditions and Privacy Policy.
Interpretation
3. Consumer means an individual acting for the purposes which are wholly or mainly outside
his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of
Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to
be supplied, as set out in the Order;
6. Goods means any goods that we supply to you with the Services, of the number and
description as set out in the Order;
7. Order means the Customer’s order for the services from the Supplier as set out;
8. Service means the service, including any Goods, of the number and description set out in the
Order.
Services
9. The description of the Services and any Goods is set out in our website.
10. In the case of Services and any Goods made to your special requirements (bespoke/made to
measure), it is your responsibility to ensure that any information or specification you provide
is accurate.

11. All Services are subject to availability.
12. We can make changes to the Services which are necessary to comply with any applicable law
or safety requirement. We will notify you of these changes if a contract has already been
entered into.
Customer responsibilities
13. You must co-operate with us in all matters relating to the Service.
14. Failure to comply with the above is a Customer default which entitles us to suspend
performance of the Services until you remedy it or if you fail to remedy it following our
request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
15. The description of the Service and any Goods in our website does not constitute contractual
offer to sell the Service or Goods.
16. When an Order has been made, we can reject it for any reason, although we will try to tell
you the reason without delay.
17. A Contract will be formed for the Services ordered only upon the Supplier’s delivery to the
Customer.
18. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of one
month from its date, unless we expressly withdraw it at an earlier time.
19. No variation of the Contract, whether about description of the Services, Fees or otherwise,
can be made after it has been entered into unless the variation is agreed by the Customer
and the Supplier in writing.
20. We intend that these Terms and Conditions apply only to a Contract entered into by you as a
Consumer where we, the Supplier and you the Customer, enter the Contract at any of the
Suppliers business premises, and where the Contract is not a contract (i) for which an offer
was made by the Customer in the Supplier’s and the Customer’s simultaneous physical
presence away from those premises, or (ii) made immediately after the Customer was
personally and individually addressed in the Supplier’s and the Customer’s simultaneous
physical presence away from those premises. If this is not the case, you have different rights
under The Consumer Rights Act 2015, giving you cancellation rights pursuant to consumer
protection law. Business premises means immovable retail premises where we carry on
business on a permanent basis, or in the case of moveable retail premises, on a usual basis.
21. In accordance with the Consumer Rights Act 2015, you have a fourteen day ‘cooling off’
period for all orders placed away from the Business premises, with the exception of
bespoke/made to template items which are exempt.
Fees and Payments
22. The Fees for the Services, the price of any Goods (if not included in the Fees) and any
additional delivery/travel or other charges is that set out in our price list current at the date
of the Order or such other prices as we may agree in writing. Prices for Services may be
calculated on a fixed fee or on a standard rate basis.
23. Fees and charges are Non-VAT applicable.
24. Payment for Services must be made, You may pay in [cash, cheque, internet transfer, Paypal
with your Order and we can take the payment in [part/full] immediately or otherwise before
delivery of the Services.
Delivery
25. We will deliver the Services, including any Goods, to the Delivery Location by the time or
within the agreed period or, failing any agreement (saddles ordered in are delivered by
agreement as per issued ‘Notice of Right to Cancel Contract’);

a. in the case of Services and bespoke/made to measure Goods, within a
reasonable time; and
b. in the case of other Goods, without undue delay and, in any event, not more
than 30 calender days from the day on which the Contract is entered into unless
agreed at that time.

26. In any case, regardless of events beyond our control, if we do not deliver the Services on
time, you can require us to reduce the Fees or charges by an appropriate amount (including
the right to receive a refund for anything already paid above the reduced amount). The
amount of the reduction can, where appropriate, be up to the full amount of the Fees or
charges.
27. 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.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return
all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented
from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if
you do this, we will (in addition to other remedies) without delay return all payments made
under the Contract for any such cancelled or rejected Goods. If the Goods have been
delivered, you must return them.
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would
materially impair the value of the goods or the character of the unit) you cannot cancel or
reject the Order for some of those Goods without also cancelling or rejecting the Order for
the rest of them.
31. We may deliver to addresses outside England, Wales, Scotland, Northern Ireland, the Isle of
Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you
may need to pay import duties or other taxes, as we will not pay them.
32. 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.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the
Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. 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
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to
you.
36. 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.
Withdrawal

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to
change your mind and without giving us a reason, and without incurring any liability. Except
in the case of bespoke/made to measure Goods where you have no right to withdraw once
the Goods are in production.
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 judgement) 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 failure to conform if the failure has its origin in your materials.
41. We will supply the Services with reasonable skill and care.
42. In relation to the Services, anything we say or write to you, or anything someone says or
writes to you on our behalf, about us or about the Services, is a term of the Contract (which
we must comply with) if you take it into account when deciding to enter this Contract, or
when making any decision about the Services after entering into this Contract. Anything you
take into account is subject to anything that qualified it and was said or written to you by us
or on behalf of us on the same occasion, and any change to it that has been expressly agreed
between us (before entering this Contract or later).
Duration, termination and suspension
43. The Contract continues as long as it takes us to perform the Services.
44. Either you or we may terminate the Contract or suspend the Services at any time by a
written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of
the Contract and the breach either cannot be fixed or is not fixed within 30 days
of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.

45. On termination of the Contract for any reason, any of our respective remaining rights and
liabilities will not be affected.
Successors and our sub-contractors
46. Either party can transfer the benefits 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 preform its duties.
Circumstances beyond the control of either party
47. 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; and
b. the party’s obligations will be suspended so far as is reasonable, provided that
the 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.

Excluding liability

48. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal
injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to
this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the
time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade,
craft or profession which would not be suffered by a Consumer – because we believe you
are not buying the Services and Goods wholly or mainly for your business, trade, craft or
profession.
Governing Law, jurisdiction and complaints
49. The Contract (including any non-contractual matters) is governed by the law of Scotland.
50. Disputes can be submitted to the jurisdiction of the courts of Scotland.
51. We try to avoid dispute, so we deal with complaints as follows. As soon as you contact us in
writing we will take steps to correct any issues. With regards to saddles, please see our
returns policy.
52. If a dispute cannot be resolved by Danby Equestrian then complaints can be made to the
Society of Master Saddlers (SMS), using the following procedure:
a. put your complaint in writing to the SMS setting out the details of your
complaint (including the name of the member in question, brief details of the
issue, if saddle fitting related then when the saddle was fitted or if regarding
poor workmanship then the date the item was supplied);
b. including copies of all your correspondence which has passed between yourself
and the SMS member;
c. where a second opinion has been sought on workmanship or saddle fitting this
must have been carried out under the guidelines of the SMS’s Code of Practice
and only by a fully qualified and registered SMS member;
d. the SMS is unable to assist or continue to assist in a complaint where the
complainant has posted comments or photos/videos relating to the matter on
social media such as Facebook and Twitter.
e. Once the complaint has been received the SMS will contact the member
concerned and ask them for their comment on the matter.
f. All correspondence will then be considered by the Liaison Officer and Chief
Executive and appropriate action taken/recommendations made.
For full information on the SMS’s complaints procedure please view:
www.mastersaddlers.co.uk/complaint

 

Returns Policy for saddles.
There is no money back offer on saddles ordered or purchased directly from the premises when the
fitting service has not been used, as it is deemed that the customer has used their own judgment in
making their purchase.
Made to measure saddles will not be refunded. The customer pays a deposit of 50% of the full value
at the time of ordering, and the remaining 50% on delivery of the saddle. In the unlikely event of an
unresolvable problem within the first 2 months the company will agree to sell the saddle on behalf
of the client if they wish. The deposit will then be returned once the saddle is sold. There is no
guaranteed time frame for selling the saddle.
For off the peg saddles fitted by the company the following is offered and issued with terms and
conditions of purchase:
1) Saddle issue up to 14 days from purchase: Replace or full refund as per the doorstep selling
regulations. Subject to charges for wear and tear. Fitting and travel fees will not be refunded.
2) Saddle issue up to 1 month: Offer to re-assess free of charge. If the customer is not happy, fit
alternative saddle or to offer refund to full value less a 15% usage charge, or more if saddle is heavily
used.
3) Saddle issue 3 to 6 months from purchase: Offer to re-assess and re-fit, but charges and mileage
apply. Refund is less 20 – 30% or more dependant on condition.
4) Saddle issue 6 to 12 months from purchase: Offer to re-assess and re-fit, but charges and mileage
apply. Refund is less 30 – 50% or more dependant on condition and circumstances.
5) For any issue after 12 months: Re-assess charges apply, re-fit and offer to sell saddle on
commission, but no guarantee of time frame for selling.
By issue it is meant complaint/dissatisfaction and not regular saddle checks as advised at the time of
purchase.
These terms have been considered and approved by the Society of Master Saddlers Executive
Committee and are issued to members as a recommendation.

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