Online Equine Supplies Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“USER AGREEMENT”) VERY CAREFULLY.
Online Equine SuppliesTerms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Online Equine Supplies. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Online Equine Supplies. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to Online Equine Supplies shall relate to Online Equine Supplies and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Online Equine Supplies relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Online Equine Supplies. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Online Equine Supplies at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN NORTHAMPTON COUNTY, PENNSYLVANIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
ONLINE EQUINE SUPPLIES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY ONLINE EQUINE SUPPLIES IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by ONLINE EQUINE SUPPLIES are third party products and are subject to the warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, ONLINE EQUINE SUPPLIES makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, ONLINE EQUINE SUPPLIES reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While ONLINE EQUINE SUPPLIES uses reasonable efforts to include accurate and up-to-date information on the Site, ONLINE EQUINE SUPPLIES makes no warranties or representations as to the Site’s accuracy. ONLINE EQUINE SUPPLIES assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
ONLINE EQUINE SUPPLIES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. ONLINE EQUINE SUPPLIES WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, ONLINE EQUINE SUPPLIES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), ONLINE EQUINE SUPPLIES advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in NORTHAMPTON, PENNSYLVANIA. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon ONLINE EQUINE SUPPLIES until accepted by ONLINE EQUINE SUPPLIES. Terms of payment are within ONLINE EQUINE SUPPLIES sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. ONLINE EQUINE SUPPLIES may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Shipping and handling charges on all orders vary; contact your ONLINE EQUINE SUPPLIES account manager for our most current and competitive rates, options and shipping specials. For the Customer’s protection, we ship only to the verified billing address of the Customer’s credit card. In some circumstances, international shipping may be available. Call for details.
Your satisfaction is important to us and you can return any product you purchased from Online Equine Supplies LLC
for an exchange or store credit within 30 days of receipt. All return items are required to have a copy of the sales receipt included with them and merchandise is also required to be in the same condition as when shipped to you.
We require that you contact us by email at: firstname.lastname@example.org or call us at 844-285-8255 for a return merchandise authorization before making a return or exchange. This will enable us to properly and efficiently process your return.
Store credits are emailed to you by way of a Gift Certificate.
All returns are required to be in NEW and UNUSED condition. All returns are required to be return in their original packaging if any. You may reuse the box that your items were originally shipped to you in, however DO NOT return items boxed by the manufacturer of the product without placing the item in a second box.
No Gift Certificates will be issued nor exchanges made when returned items are damaged in transit due to improper packaging.
We suggest that you send any returned packages with a tracking number and insurance. Also report any damaged package you receive immediately to the proper carrier provider.
No used, misused or incomplete purchased item can be returned.
Any discrepancies with an order must be reported to us within 5 business days of your receipt of said order, thereafter we are no longer responsible.
Previously replaced items due to damage or were defective or incorrect will not be accepted.
If it is believed that you received a defective item please contact us for returning instructions. however most horse items such as halters, bridles, blankets ect. are not warranted against breakages rips or tears.
No warranty of any kind, expressed or implied, is made regarding the safety of the products sold. Buyer assumes all risk and liability resulting from use of said products.
As we can appreciate that some equine products are difficult to accurately fit without the product itself, we ask that you show the same courtesies to others as you hope they will show to you. When sizing a product please take extra precautions to ensure the product remains clean and free of hair and dirt. Failure to do so may effect your Gift Certificate or exchange.
Bits purchased should NEVER be inserted into a horses mouth due to health concerns and some state laws. It is suggested you compare a bit you have used to any newly purchase bit to decide proper fit. There is no Gift Certificates issued or exchanges on used bits.
The original shipping / handling costs as well as the return shipping costs and taxes are NON-REFUNDABLE.
After you have contacted Online Equine Supplies of your intent to exchange an item and that item has been received and inspected. Online Equine Supplies will timely issue a numbered Gift Certificate in the amount of your credit. You will need to use this Gift Certificate number to credit your account the appropriate amount regarding your exchange. Any price difference as well as taxes, shipping / handling costs on the newly exchange item are the responsibility of the purchaser.