WebsiteTerms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE

These Terms and Conditions govern the engagement between you and FancyEquineDelights. All services and products provided by FancyEquineDelights are subject to these Terms and Conditions.

You hereby acknowledge and accept these Terms and Conditions.

Definitions and Interpretation

1. Definitions and Interpretation

• In this Agreement, unless the context requires otherwise:
• Agreement means the agreement between you and FancyEquineDelights on these Terms and Conditions contained herein, to be read in conjunction with our Privacy Policy and Disclaimer.
• Business Day means a day that is not a Saturday, Sunday or public holiday in the State of New South Wales.
• Business Hours means 9:00 am to 3:30 pm AEST on our Website.
• Disclaimer means the disclaimer contained on our Website, to be read in conjunction with these Terms and Conditions and the Privacy Policy.
• GST means the same as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Intellectual Property Rights means all present and future rights owned by FancyEquineDelights, including without limitation any copyright, trademarks, designs, patents, and other intellectual property rights.
• Privacy Policy means the privacy policy contained on our Website, to be read in conjunction with these Terms and Conditions and the Disclaimer.
• Products means any goods, materials or other products in which FancyEquineDelights may list for sale on the Website from time to time.

1. Interpretation

• In this Agreement:
• headings are for reference only and do not affect the meaning of this Agreement;
• the singular includes the plural and vice-versa;
• if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
• an agreement, representation or warranty:
• (i) in favour of two (2) or more persons is for the benefit of them jointly and severally; and
• (ii) on the part of two (2) or more persons binds them jointly and severally;
• a reference to:
• (i) a document includes any variation or replacement of it and all its schedules, annexures and exhibits to the document;
• (ii) a law includes regulations and other instruments under it and amendments or replacements of any of them;
• (iii) a thing includes the whole and each part of it;
• (iv) a group of persons includes all of them collectively, any two (2) or more of them collectively, and each of them individually;
• (v) a reference to “$” is a reference to Australian currency;
• (vi) all reference to dates and times are to New South Wales dates and time; and
• (vii) “including” when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.

1. Terms of Use

• Licence to use
• We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with these Terms and Conditions.
• You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
• You must not add any content to the Website:
• (i) unless you hold all necessary rights, licences and consents to do so;
• (ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
• (iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
• (iv) that would bring us, or the Website, into disrepute; or
• (v) that infringes the intellectual property or other rights of any person.
• The Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.
• You acknowledge and agree that:
• (i) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
• (ii) the Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
• Use of our Website
• The use of this Website is governed by these Terms and Conditions. By using our Website, you hereby agree to these Terms and Conditions and that you will fully comply with them. Do not use our Website if you do not agree with all of these Terms and Conditions.
• These Terms and Conditions should be read in conjunction with our Privacy Policy and Disclaimer. We recommend that you read all of these Terms and Conditions carefully and print a copy for your records.
• When you visit our Website or correspond with us electronically (e.g. by email), you acknowledge that this will satisfy any requirement that any notices be provided to you in writing. You agree and consent to Country Park corresponding with you electronically.
• By using this Website, you agree and acknowledge to us that:
• (i) you will not use, or cause to be used, this Website for a reason that is prohibited at law or in a way that is in breach of these Terms and Conditions and/or Privacy Policy;
• (ii) you agree to pay all charges, fees, and other sums whatsoever that are connected to your use of this Website;
• (iii) the information you have provided about yourself or another third party whom you represent is, to the best of your knowledge, true, accurate and up to date;
• (iv) you agree not to use our site to make a profit;
• (v) you agree not to use our site to transmit or host viruses, bugs, trojans, worms, logical bombs or other similar material that is technologically harmful; and
• (vi) the information and content displayed on this Website is for general purposes only and is not to be relied upon. We do not warrant the accuracy of the information and advise you to seek professional advice on any of the content displayed herein. FancyEquineDelights will not be liable for any loss, however caused, based on your reliance of any information or content displayed on our Website.
• Accessing our Website
• We do not guarantee that our site, it’s content or otherwise, will be accessible at all times. While we will endeavour to ensure that your access to our site and its content is uninterrupted, we reserve our right to withdraw, suspend, discontinue, remove or otherwise change our site and/or its content without notice to you.
• We expressly exclude any liability for your failure to access the site at your preferred moment, or for any changes or otherwise to our site and/or content.
• Copyright and intellectual property
• All content on our Website whatsoever, including but not limited to text, graphics, information, and coding is subject to copyright. You are only permitted to download, reproduce or otherwise disseminate for private use without the express written consent of FancyEquineDelights or for another purpose permitted by the Copyright Act 1968 (Cth).
• Should we become aware that you have breached this clause, we reserve the right to ask you to immediately destroy, deliver up and otherwise indemnify us for any loss suffered as a result of your breach.
• Exclusion of liability
• FancyEquineDelights expressly excludes all liability for any loss, however caused, based on your use of our Website. This includes but is not limited to loss suffered as a result of your use of (or inability to use) our site, reliance placed on any information or content hosted or linked to our Website and any viruses or other harmful technological material, and your use of third-party linked sites.
• To be clear, FancyEquineDelights excludes all conditions, warranties, representations or the like which may apply to our site, your use or inability to use the same, or any content or information on it, whether express or implied, and to the full extent possible at law.
• Links to our Website
• You must not link to our Website or access, monitor or copy any content or information in any way whatsoever or for any purpose without our express consent.
• You may not link our Website in such way that suggests an affiliation, endorsement, approval or association as between us and you.

1. Pricing and Payments

• All pricing is in Australian dollars and includes Goods and Services Tax (GST).
• All sales/purchases are strictly prepaid only and FancyEquineDelights does not offer credit terms or accounts.
• FancyEquineDelights accepts payment via direct deposit, MasterCard, Visa. 
• While we aim to meet all customer orders, we reserve the right to:
• review and cancel orders at any time;
• refuse to process payment by credit card if we feel there is a high risk of credit card fraud, in which case you will be invited to complete your purchase via direct deposit or money order; and
• correct pricing errors and computer/software pricing errors without notice to you.
• We will endeavour to advise you of a pricing error or an unforeseen price increase prior to any processing of payment or dispatch of Products.
• Due to labour and packaging material costs, we do not process orders under $20.00 as they are not viable.

1. Shipping

• FancyEquineDelights aim to have all orders dispatched within 24 to 36 hours provided payment is received and Products are in stock.
• Depending on your location, your order may take 2 to 14 days to arrive.
• We can freight Australia wide using Australia Post or courier.
• Please also note that shipping rates will vary according to your postcode.
• Orders are fully trackable with notifications generated by Australia Post to clients who have supplied email addresses at the time of ordering. Express Satchels or other freight options all have tracking numbers which will be supplied to the customer on the day of despatch.

1. Returns Policy

• Products that are new and unopened can be returned within 14 days of the invoice date for an exchange or full refund.
• Products must be received by FancyEquineDelights, in their absolute and sole discretion:
• in their original condition and packaging with all labels attached; and
• in saleable condition at the full RRP including packaging.
• If any or more Products are returned in a dirty condition or otherwise do not meet our returns policy, then you will not be eligible for a refund or an exchange and the Product/s will be returned to you.
• All freight, handling and postage costs remain your responsibility and these costs will not be refunded to you except in the case of faulty Products or incorrect dispatch. We do not accept Products that are returned as change of destination (COD) freight
• If you need to return a Product, then please contact our NSW office by emailing us at info@fancyequinedelights.com.au 

1. Backorders and dispatch delays

• We endeavour to maintain stock of all Products listed on our Website, however, in the unusual case where we cannot supply the requested Products, we will contact you to advise when those Products will become available.

The opening page of our Website contains Out of Stock information and is updated regularly.

1. Wholesale enquiries

• Wholesale supply is dependant on meeting strict criteria.
• A wholesale application form available on our Website is required to be completed and emailed to either our NSW office by emailing us at info@fancyequinedelights.com.au 
• FancyEquineDelights, in it’s absolute discretion, will decide if a wholesaler meets the requirements for wholesale of its products. If approved, a wholesale price list will be issued to you.
• Note that we do not extend credit to wholesale clients, meaning all orders must be paid in full before dispatch.

1. Show / event sponsorship

• FancyEquineDelights may from time to time and at its absolute discretion, sponsor a show or event. Existing long-term clients will receive priority when it comes to allocating sponsorship.

1. Pest infestation

• When Products are not subject to spraying or chemicals, there is no guarantee that those Products will not harbour pests. If you receive a Product that has clear insect presence, please return using the Returns Policy above.
• We ask that you maintain good storage practices of Products received from FancyEquineDelights. You may also choose to freeze any infested Products at temperatures ranging between -10 to -20 degrees Celsius for a period of 2 weeks which will kill off any pests.

1. Provisions of goods and/or services

• You expressly acknowledge and agree that any Products that are purchased, ordered or otherwise requested by you using the Website are provided by us on these Terms and Conditions.

1. Exclusion of liability

• To the full extent permitted by law, FancyEquineDelights, its directors, officers, agents and employees, we exclude all liability arising directly or indirectly from or connected with any acts, omissions or defaults of yours, FancyEquineDelights, its directors, officers, agents and employees, third parties or any other person, however caused and whether any act, omission or default was negligent or otherwise, except in cases of negligent acts or omissions of FancyEquineDelights, its directors, officers, agents or employees.
• To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
• These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
• in the case of goods:
• (i) the replacement of the goods or the supply of equivalent goods;
• (ii) the repair of the goods;
• (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• (iv) the payment of having the goods repaired, and
• in the case of services:
• (i) the supply of the services again; or
• (ii) the payment of the cost of having the services supplied again.

1. General

• You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
• If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
• Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
• This Agreement is governed by the laws of the State of New South Wales and each party submits to the jurisdiction of the courts of the  State of New South Wales, Australia.
• We reserve the right to change terms of these Terms and Conditions at any time by amending this page, without any notice and without any liability to you.
• We recommend that you continually check this page for any changes or updates.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address may be provided to the Gravatar service to see if you are using it. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.