About these
Terms and Conditions:
In these
Terms and Conditions "we", "us" and "Champions Equestrian” means CHS
Investments Ltd and "you" means you the user of the Website.
'Order'
means order submitted by you for products on the Website.
'Products'
means the products available for sale on the Website.
Your access
to and use of the Champions Equestrian Website is subject to these Terms and Conditions.
By
accessing and using this Website, you accept and agree to these Terms and
Conditions without any limitation or qualification.
These Terms
and Conditions together with your Order, Order Confirmation and Order Dispatch
constitute the entire Contract between Champions Equestrian and you for the supply of Products
you have ordered. No other Terms and Conditions will apply.
The Contract cannot
be varied unless we agree to vary it in writing or by email.
Copyright/Trademark Information:
The entire Website, images, logos, trademarks, text, content, and unique
method of showcasing Products (Materials) is either owned by Champions Equestrian or has been
licensed to Champions Equestrian for use.
All trademarks appearing herein are acknowledged.
You must not copy, reproduce, transmit, adapt, publish, frame, post, upload,
modify, broadcast or distribute or use the Materials or the name of Champions Equestrian without Champions Equestrian specific, written prior permission.
Use of the Website:
We will use all reasonable endeavours to ensure that the Website
operates reliably and consistently but does not warrant that the use of the
Website will be uninterrupted or error-free or that the Website or the server
that makes it available is free of any virus or other harmful elements.
Colours:
We have done our best to display as accurately as possible the colours
of the Products shown on this Website. However, because the colours you see
will depend on your monitor, we cannot guarantee that your monitor's display of
any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity:
Whilst Champions Equestrian makes every reasonable effort to
present accurate information on this Website, the information may contain
typographical errors or inaccuracies and may not be complete or current. We
therefore reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice (including
after you have submitted your order). Please note that such errors,
inaccuracies or omissions may relate to Product description, pricing and
availability. We also reserve the right to limit quantities (including after
you have submitted your order). We apologize for any inconvenience this may
cause you. If you are not fully satisfied with your purchase, please see our
returns policy.
Other Sites:
The Website may contain links to other websites that we do not own or
operate. We do not control, recommend or endorse and are not responsible for
these sites or their content, products, services or privacy policies.
Downloading material from certain sites may risk infringing intellectual property
rights or introducing viruses into your system. You should note when you leave
this Website and read the privacy policies and terms of these other sites. You
should also independently assess the authenticity of any website which appears
or claims that it is one of our sites (including those linked to through an
email).
Indemnification:
You must indemnify and hold Champions Equestrian and its employees, representatives,
agents, affiliates, directors, officers, managers and shareholders (the
"Parties") harmless from any damage, loss, or expense (including
without limitation, attorneys' fees and costs) incurred in connection with any
third-party claim, demand or action ("Claim") brought against any of
the Parties arising out of any of the following:
(a) any activity relating to your internet account, including negligent or
wrongful conduct by you or anyone using the Website through your internet
account;
(b) your breach of any provision of these Terms and Conditions;
(c) any other matter regarding this Website and your use of it.
If you have to indemnify Champions Equestrian under this Section, we will have the
right to control the defence, settlement, and resolution of any Claim at your
sole expense. You may not settle or otherwise resolve any Claim without express
written permission from Champions Equestrian.
Exclusion of warranties and liability:
To the extent permitted by law, and without limiting your rights under
the Consumer Guarantees Act 1993, Champions Equestrian excludes all:
(a) warranties, conditions and representations whether express, implied,
statutory or otherwise, relating in any way to the Website, your use of the
Website and the information, products supplied, offered to be supplied or
advertised or accessed through the Website; and
(b) liability (including for negligence) to you or anyone else in
respect of any loss or damage (including special, indirect or consequential
loss or damage), costs and expenses suffered by you or claims made against you
arising from or in connection with your use of the Website and the information,
products supplied, offered to be supplied or advertised or accessed through
this Website for any reason whatsoever (including negligence).
Our maximum aggregate liability for any Product supplied to you whether
in contract, tort (including negligence) or otherwise shall in no circumstances
exceed the amount payable by you to us in respect of the Product(s) in
question.
You agree that if the Products are acquired for the purposes of a
business, the provisions of the Consumer Guarantees Act 1993 are excluded in
relation to those Products.
Legal Capacity to Transact:
By accepting these Terms and Conditions you acknowledge that you are
over the age of eighteen (18) years. If you are under the age eighteen (18)
years you cannot place orders with Champions Equestrian. Should Champions Equestrian suffer any damage or
other losses as a result of a transaction entered into by a minor, Champions Equestrian reserves the right to seek compensation for such losses from the parents or
guardians of the minor who caused any order(s) to be placed with Champions Equestrian.
Placing Your Order:
You
may place an Order by adding items to ‘My Cart’ on the Website and clicking the
"Check Out" button. When you place your Order, we will issue you with
an Order Number by email.
By
placing an Order, you make an offer to us to purchase the Products you have
selected based on these Terms and Conditions.
No
information on Website constitutes or should be deemed as an offer by us to
supply any Products, however Champions Equestrian
will make every effort to supply Products
that you have ordered to you.
We
will notify you that your Order is being processed by sending you an Order
confirmation via email (Order Confirmation), however, we do not formally accept
your offer until your Order has passed our internal validation procedures for
verifying the bona fides of each order placed, for the purpose of preventing
credit card or payment fraud.
Champions Equestrian
and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion. We
will confirm acceptance of your order when we send you an email confirming
shipment of the goods you have ordered (Order Dispatch). If we cannot process
or accept your Order after payment is received, we will contact you by email or
telephone.
Once
an order is processed, you may not cancel this order.
Title and Risk:
Title and risk in the product(s) pass to you when they are delivered to
the delivery address indicated on your Order.
Payment Methods and Processing:
Transactions
are processed via an industry standard secure https connection using IP
Solutions International as a third party payment gateway. This means that you
can be assured that your sensitive data such as credit card numbers will remain
confidential because all information is 128bit encrypted. The server we connect
to is authenticated through PKI certificates issued by a root Certificate
Authority. Our payment page is also fully PCI DSS compliant please visit
https://www.pcisecuritystandards.org/tech/ for more information.
GST:
All Champions Equestrian
purchases include GST unless otherwise stated on the Product
listing.
All Champions Equestrian purchases are in New Zealand Dollars.
Champions Equestrian Vouchers:
Each 'Voucher' is personal to the user receiving it, is not
transferable, has no monetary value and under no circumstances can it be
converted into currency. Each 'Voucher' has an expiry date which cannot
be modified.
The use of a 'Voucher' requires the total value of the order
(excluding delivery costs) to be higher than the monetary value of the discount
given by the 'Voucher'.
Some discount 'Vouchers' may specify a minimum spend to be used.
In this case, the monetary value of the order (excluding delivery costs) has to
be higher than the minimum spend.
Under no circumstances can the value of a discount 'Voucher' be
deducted from an order if that 'Voucher' is defective or out of date: no
replacement 'Champions Equestrian Vouchers will be issued.
When an order is placed using a discount 'Voucher' and it contains
a number of items, the value of the discount is spread over each item according
to the pro-rated value of that item. Any refund of an item bought in such an
order will be reduced by the value of discount attached to it.
We reserve the right to modify or amend at any time these guidelines and
the methods through which benefits are earned. We reserve the right to
disqualify you at any time from participation and remove any existing Champions Equestrian Vouchers from your account.
Champions Equestrian Gift Vouchers:
All prices are listed in NZD Gift Certificates are valid for six (6)
months from date of purchase.
The Gift Voucher may be exchanged for products of an equal or higher
value, if the purchase exceeds the value of the Gift Voucher the difference can
be made up using another approved method of payment.
Refunds will not be given for any unused balance at the time of purchase
or the time of expiry.
Gift Vouchers cannot be exchanged for cash and is non-returnable.
Champions Equestrian reserves the right to change the Terms & Conditions. If you order a product or service as a gift for a friend or relative, we
may offer you the opportunity to add a gift message to your purchase.
If you
choose to use the gift message service, you acknowledge and agree that:
(a) The gift message you instruct us to send on your
behalf to a third party will not contain anything which may cause embarrassment
or distress to any person, or which is otherwise unlawful or objectionable;
(b) You will not impersonate any person, including but
not limited to any of our employees or customers.
(c) You are entirely responsible for the text and other
content of your gift message and Champions Equestrian accepts no liability for any such content.
(d) We do not pre-screen messages, but may monitor
content from time to time for the purpose of guarding against unlawful or inappropriate gift messages; and
We have the right to refuse to send messages and to
terminate access to the gift message service at any time and without liability
to you.
Your Data - Use and Protection:
Any personal information you provide us will be held in accordance with
our privacy policy.
Miscellaneous:
You shall not assign or transfer any rights and obligations under these
Terms and Conditions whether in whole or in part without the prior written
consent of Champions Equestrian. Any unauthorized assignment shall be deemed null and void.
If
any provision of these Terms and Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the other
provisions of these Terms and Conditions and the remainder of the provisions in
question shall not be affected thereby. Champions Equestrian
reserves the right to change the Terms and Conditions at any time.
No
failure or delay by a party in exercising any right, power or privilege under
these Terms and Conditions will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other
or further exercise thereof or the exercise of any other such right, power, or
privilege.
You
and Champions Equestrian are independent contractors, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created by these
Terms and Conditions. Champions Equstrian shall not be liable for any delay in performing any of its obligations under
these Terms and Conditions if such delay is caused by circumstances beyond the
reasonable control of Champions Equestrian and shall be entitled to a reasonable
extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in
accordance with the laws of New Zealand and shall be subject to the
non-exclusive jurisdiction of the courts of New Zealand.