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Terms and Conditions

Welcome to www.equifit.com (the “Site”). We are part of Horseware Products Limited, a private limited company registered in Ireland, No. 107321 (the “Company”), which includes the brands Horseware, Alessandro Albanese and EquiFit.

By using or accessing this Site, you signify your acknowledgment and assent to these terms and conditions (these “Terms”). These Terms apply to your access and use of the Site and all other websites, mobile sites, applications, platforms and other tools where these Terms appear or are referenced. Please read these Terms carefully.

WHO WE ARE

As used in these Terms and on the Site, “We,” “Us” and “Our” refers to the Company, with headquarters located at 5th Floor Building Two, The Green Dublin Airport Central, Dublin Airport, Swords, Co. Dublin, K67 E2H3, Ireland. We manufacture and provide products and services for the equestrian industry (the “Products”).

SCOPE OF THESE TERMS

These Terms apply to all orders for Products submitted by you for Products made available for purchase through the Site. Any personal data submitted by you will be treated as set out in our Privacy Policy.

ORDERS AND ACCEPTANCE

Any order that you make through the Site or any related platform is an offer to purchase the Products listed in your order, subject to these Terms. All orders submitted by you are subject to acceptance by the Company, which may choose not to accept your order for any reason without liability to you.

If you order a product or service to which a minimum age requirement applies, by placing such order you represent and warrant that you are of the required age. If the Company believes that you are not legally entitled to order a product or service, the Company reserves the right to cancel your order.

After you submit an order, the Company will send you an order acknowledgment email with your order number and details of the Products ordered. Please note that this email is an acknowledgment that the Company has received your order and is not an acceptance of your order. A confirmation email will be sent to you when your accepted order has been dispatched. Acceptance of your order and the formation of a contract of sale between you and the Company will not take place unless and until the Products have been dispatched to you or the services have been provided to you.

PREORDERS

When placing a pre-order for Products on the Site, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information aside from your right to request us, as a controller, to rectify errors to your personal data in accordance with our Privacy Policy and Article 16 of the General Data Protection Regulations (GDPR).

Pre-ordered items are secured for you at the point of order placed and you will be charged in full once your order is shipped. Your credit card will be preauthorized when you place an order for any pre-ordered item and will charge your card once the item is sold.

PRICE AND/OR DESCRIPTION CHANGES

All prices, pictures, and descriptions on the Site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within thirty (30) days of being aware (or from when you should have reasonably been aware) of price or promotion discrepancies. For the avoidance of doubt, the Company shall not be obliged to supply Products at any incorrect or lower price.

When you place your order with the Company, you agree to the pricing terms included herein. Price differences related to future or past prices in our store or the Site are not refundable. Prices on our EU, DE, FR and UK Sites are inclusive of VAT or equivalent sales tax payable on the Product. Prices on our US Site do not include any sales tax payable on the Product. Prices do not include delivery charges and any applicable customs or duties clearance charges, however, these additional charges (including sales tax where applicable) will be detailed to you before you place your order and again in your order confirmation email from us.

PAYMENT TERMS

The total cost of your order will be the purchase price for the Products, any shipping and/or delivery charges, any VAT or equivalent sales tax and any card processing charges unless otherwise agreed in writing prior to the Company’s acceptance of your order.

If you are using a credit/debit card you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, the Company will not accept your order. In such event, the Company shall not be liable for any delay or non-delivery of Products and the Company shall not be obliged to inform you of the reason for the refusal. In no event shall the Company be responsible for your card issuer or bank charging you as a result of the Company’s processing of your credit/debit card payment in accordance with your order.

Full title in the Products shall not pass from us to you until we have received payment from you in full.

DELIVERY

Orders will be sent to the delivery address that you have given on your order form. The Company shall not be held responsible if that delivery address is incorrect or incomplete. The Company is unable to deliver the Products to any country other than those listed on the check-out form, unless otherwise stated. If your delivery country is not listed on the check-out form, please reach out to our Customer Service Team for assistance via our Contact Us form.

While the Company will try to meet any delivery estimates that it gives you, please note that they are just estimates: they are not guarantees and should not be treated as such. Accordingly, you hereby agree that Products may not necessarily reach you in the estimated time frame provided by the Company.

The Company may deliver the Products to you in separate shipments. Delivery will be deemed complete for each Product once it is delivered to the delivery address you provided on your order form.

Once a Product has been shipped to you by our shipping partner all risk of damage to, or loss of, the product shall pass to you.

RETURNS

We hope you enjoy your Products. However, should you wish to cancel or return any products, you may do so in accordance with our Return Policy .

If you believe there is a defect in the Product you have purchased from us, you have the ability to make a claim under our Product Warranty .

CUSTOMIZED PRODUCTS

Where you have placed an order for a customized Product from our Site, you are responsible for ensuring the accuracy of any such customization. We will take full payment for the customized Product from you at the time you place the order on our Site.

You do not have the same return options for Products which were customized or personalized by you and where the reason for return is due to an error on your part, or because you have changed your mind about your purchase. Please refer to our Return Policy for more information.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, legal fees) that arise from your use of any of the Company’s Products.

ERRORS ON OUR SITE

Prices and availability of Products are subject to change without notice. Errors on the Site will be corrected where and when discovered. The Company reserves the right to revoke any stated offer, cancel orders, and correct any errors, inaccuracies, or omissions in any stated offer or price, including after an order has been submitted and whether the order has been confirmed and your payment processed.

If your payment has already been processed for the purchase when your order is cancelled, the fulfiller will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

COPYRIGHT

The content, applications, as well as the selection and arrangement thereof, on the Site are the sole property of the Company and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with the Company’s express written consent.

Other than as necessary for your use of the Site and related platforms in accordance with these Terms, the Company grants no other privileges or rights in the Site’s content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Site’s content.

Any content owned by the Company’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Site, applications, and content included therein may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

If you print, copy, or download any part of the Site or platform in breach of these Terms, your right to use the same will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made.

You may print one copy and may download extracts of any page(s) from the Site for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The Company’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

TRADE MARKS

All trade marks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site and applications are proprietary to the Company or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of the Company, and you may not remove or otherwise modify any trade mark notices from any content.

The Marks are protected by trade mark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trade marks, service marks, trade names and/or trade dress of the Company or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

INTELLECTUAL PROPERTY INFRINGEMENTS

The Company respects the intellectual property rights of others, and we ask you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and applications for users who infringe the intellectual property rights of others.

If you believe that your work is the subject of copyright infringement and/or trade mark infringement and appears on our Site or applications, please provide the Company’s designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted and/or trade marked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site;
Information reasonably sufficient to permit the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s agent for notice of claims of copyright or trade mark infringement on the Site and applications can be reached by email at [email protected]. Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from the Company either in the form of email sent to you at the email address listed on your account or by communications posted on the Site and related applications or platforms for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting shall satisfy any legal requirement that such communication be in writing. You agree that the Company may use and/or disclose information consistent with its Privacy Policy.

USER CONTENT SUBMISSION

Please read the following terms and conditions carefully. By submitting a review, comment, or other communication (collectively, “Content”) to the Site or any website operated by the Company, you hereby agree to the following terms and conditions.

CONTENT SUBMISSIONS

You may submit Content to the Company for product reviews, suggestions, ideas, comments, questions, and/or other information.

Product reviews (“Review Content”) are intended to provide helpful, relevant information to our customers. Review Content you submit should be based on your own honest opinions and experiences. Please only submit Review Content relating to Products you have purchased or experiences you have had relating to the Company’s Products or your online purchase experience at the Site.

BLOG CONTENT

Content on our blog is provided for informational and entertainment purposes only. We may have guest bloggers create content for our blog. While Company staff reviews these posts, the guest posts and the views, opinions, and positions expressed in them belong to the author alone and may not represent the views, opinions, or positions of the Company. We make no representations or warranties as to the accuracy, completeness, timeliness, suitability, or validity of any information on the blog and expressly disclaim any liability for any errors or omissions or any losses, injuries, or damages arising from the use of the blog.

PROHIBITED CONTENT

Your submitted Content may not be illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights (including publicity rights), injurious to third parties, or otherwise objectionable, and may not consist of or contain political campaigning, software viruses, commercial solicitation, mass mailings, chain letters, or any form of spam or unsolicited commercial electronic messages (collectively, “Objectionable Content”). The Company shall determine in its sole discretion whether any Content is Objectionable Content.

Review Content must be written in English, French or German. All Review Content submitted in another language will automatically be disapproved. No text abbreviations or SMS shortcuts are allowed.

You may not submit Content anonymously, nor may you impersonate any person or entity, or otherwise mislead as to the origin of your Content. Any attempt to contribute false, misleading, or inauthentic Content is strictly prohibited. If you violate our guidelines or submit Objectionable Content to the Site, we may restrict your ability to use the Site, remove your Content, or suspend or terminate your account. You should be aware that your submission of prohibited Content may also violate applicable laws and/or regulations, which may lead to legal action and civil and criminal penalties.

OWNERSHIP OF CONTENT

By submitting Content to the Site, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the Content throughout the world in any media. You grant the Company and its sublicensees the right to use your name in connection with your Content and in accordance with our Privacy Policy.

REVIEW OF CONTENT

The Company will review all Content submissions before posting any Content to the Site or other media and may edit submitted Content before posting. The Company reserves the right, in its sole discretion, to decline to post submitted Content to the Site or any other Company platform.

The Company will review submitted Content regularly; however, the Company does not have a set timeline for reviewing or posting submitted Content. Once Content has been posted, the Company has the right, but not the obligation, to monitor and edit or remove any Content from the Site or other platform or media.

We value your opinion and, while the Company may not post your Content to the Site, we consider each submission and utilize submitted Content in our research and development.

REPRESENTATIONS AND WARRANTIES REGARDING CONTENT

You represent and warrant that:

You own or otherwise control all of the rights to your Content;
Your Content is accurate;
Your Content is not Objectionable Content;
The use of your Content does not violate this policy;
The use of your Content will not cause injury to any person or entity.

You further represent and warrant that you are at least 18 years of age.

INDEMNITY

The Company takes no responsibility and assumes no liability for any Content submitted by you or any third party.

You agree that you will indemnify the Company for any and all claims, damages, or other losses resulting or arising from your Content.

LIMITATIONS OF LIABILITY

The Company shall not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with these Terms. We accept no responsibility for user-initiated damage and/or loss of parts incurred during the operation or use of the Product.

This Section shall not affect your statutory rights as a consumer. Nothing in these Terms shall be interpreted to limit or exclude the Company’s liability for any liability which cannot be limited or excluded by applicable law.

COMPLAINTS

Our Customer Service Team available via our Contact Us form will do their best to resolve any problems or queries you may have with us, our Products, the Site or these Terms.

ASSIGNMENT

The Company reserves the right to transfer, assign, novate or sub-contract all or any of the Company’s rights and obligations under these Terms. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without the Company’s prior written consent.

CHANGES TO THESE TERMS

The Company reserves the right to make changes to these Terms at any time without written notice to you. You are responsible for regularly checking this Page for the most recent Terms. You, and any contract of sale between you and the Company, will be subject to the version of these Terms in force at the time you order the Products in question from the Company.

SEVERABILITY

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and all transactions relating to the Site are governed by Irish law and you, and the Company, hereby submit to the non-exclusive jurisdiction of the Irish courts. However, this will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence).

CONTACT US

If you have any questions regarding the Site or these Terms, please contact us via our Contact Us form.