Terms & Conditions

 

ONLINE SHOP TERMS

 

Dances with Horses Australia is a registered Australian business ABN 15 385 714 937.

 

The following Terms, together with our Privacy Policy and Website Use Terms apply to your access to and use of our online shop and the supply of goods ordered via our shop. By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.

 

While you should ensure you are comfortable with all our Terms, here are some quick links to key sections: 

 

Delivery/Shipping

 

Returns 

 

Buyers

To buy goods via our website, you must be at least 18 years of age.  By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

 

You agree to deal with us in good faith and in compliance with all applicable laws.  We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less postal charges at our discretion.

 

Orders

For online orders you must "create an account" with our website to be able to make purchases from our online store (see top left of our website).  If you wish to cancel your order at anytime please notify us immediately on 0438 250269 or email libby@horsewhisperer.com.au.  All orders are subject to acceptance by us, at our discretion.

 

Special offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.

 

Prices

All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude postal and handling charges.  All prices are subject to change without notice.

 

Payment

Over the phone orders:  The full payment for your order (including the product price and applicable postal charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa and MasterCard. Credit card details taken over the phone are shredded 24hours after the order has been completed.  We do not keep credit card details.

 

Availability

All goods are offered for sale subject to available stock. We do endeavour to keep up to date with what's in and out of stock.  However, from time to time an item may become out of stock and this may not be reflected on our website straight away.  If you have placed an order on an item that is out of stock we will contact you via email asap to either offer you a different colour or style (if applicable) or update you on when the item will become available again.  For example in the case of the EquiPedic products, new orders are placed with EquiPedic approximately every 10 working days to keep up with demand.  If you do not accept a substitute item and your credit card or PayPal account has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card or PayPal account in the full amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
 

 

Delivery/Shipping
We ship within Australia and New Zealand only. To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering.

 

We use all reasonable efforts to dispatch orders within 3 business days of the purchase date. Excludes halters and lead ropes. Halters and leads are normally posted within 1-3 business days unless advised otherwise via email. Also excludes Taylored Tack bridles and breast plates that are currently not in stock.  Taylored Tack products are manufactured and shipped direct via Taylored Tack in the U.S.A. and can be expected to arrive within 14 working days of your order being placed with us (unless notified otherwise). All other orders should arrive within 2 to 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing libby@horsewhisperer.com.au or phoning 0438 250269. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with Australia Post and advise you of any issues that are discovered.

 

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order.

 

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date.  We may ask you to provide proof of the damage, as a condition of refund or replacement. 

 

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

 

Title

Goods ordered by you remain our property until you pay for them in full.

 

Returns

In addition to your statutory rights, we will happily exchange or refund your item/s if you are not happy with it for whatever reason providing the following conditions have been met:

 

1. The items are returned within 30 days of the purchase date and the original sales receipt is present.

 

2. Items must be in original condition as purchased, with all labels/tickets attached. Garment must not have been worn.

 

Please email me libby@horsewhisperer.com.au with your intent to return an item prior to returning the item.

 

Returned items (excluding saddle pads) must be posted back using a pre-paid mailing satchel (so it can be tracked).  EquiPedic saddle pads must be posted back wrapped in a similar fashion (in bubble wrap) to how it arrived. It must also be posted back via registered mail so it can be tracked.

 

If you are exchanging for another item, please include a return addressed/Post paid satchel.

 

Apart from our rope halters and lead ropes (see below), all other returns/exchanges can be sent to:

Dances with Horses Australia
44 Brierley Avenue
Port Macquarie N.S.W. 2444

 

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

 

PACKING PROBLEMS Please check your items against your receipt. If there are any discrepancies please email libby@horsewhisperer.com.au or call 0438 250269 as soon as possible and within 15 days of purchase date.

 

Promptly after we receive your return package your refund/exchange will be processed and new item sent back out to you (where available) or we will credit your credit card, excluding delivery charges (unless goods are faulty or not as ordered).

 

Rope halters and leads need to be returned to my halter manufacturer:

Rita McGregor,
124 Chinaman Creek Road
Cambroon, Qld 4552

 

DVDs
If you experience a technical problem playing your DVD please return it within 14 days of purchase so that a replacement DVD can be sent out to you. Please note: Refunds will NOT be made available to goods that are returned soiled, marked or scratched.

 

Limitation of liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods via this website or the use of such goods by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.

 

Indemnity

You agree to indemnify, defend, and hold us and our suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

 

Contacting us

You can contact us using any of the following methods:

·        

By calling 0438 250269 between 9am - 5pm Australian EST Monday to Friday, excluding public holidays;

·        

By emailing us at libby@horsewhisperer.com.au; or

·        

By mail addressed to Dances with Horses Australia, 44 Brierley Avenue, Port Macquarie, N.S.W. 2444.

 

Notices to you

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

 

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

 

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

 

Applicable law

These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.  The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.