1. Definitions

When the following words are used in these terms, they shall mean:

1.1. Force majure event: means any circumstance not within a party’s reasonable control including:

A) acts of God, flood, drought, earthquake, or other natural disaster;

B) epidemic or pandemic;

C) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

D) nuclear, chemical, or biological contamination or sonic boom;

E) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;

F) collapse of buildings, fire, explosion, or accident;

G) non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this Clause);

H) any labour or trade dispute, strikes, industrial action, or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

I) Interruption or Failure of Utility Service.

1.1.2 goods- the goods we are selling you as set out in the order;

1.1.3 order- the order provided to you outlining the goods and/or services you are receiving;

1.1.4 services- the services we are providing to you as set out in the order;

1.1.5 terms- the terms and conditions set out in this document;

1.1.6 we/our/us- Martin Wilkinson T/a Martin Wilkinson Master Saddler, The Flint Barn, Coursers Farm, Coursers Road, Colney Heath, St Albans, Hertfordshire, Al4 Pg

2 Terms

2.1 these terms may have changed since you last reviewed them, we will not be liable for your failure to read these terms on each order you place with us. If you think there is a mistake please contact us to discuss.

2.2 you can find everything you need to know about us at www.Martinwilkinson.Com before you place an order. We also confirm the key information to you in writing on your order.

3 Order

3.1 when you sign and submit the order, this does not count as acceptance of the order.

3.2 these terms will become binding upon both parties when we contact you to confirm that we will provide you with the goods and/or services.

3.3 sometimes we need to reject an order, for example, if a product is out of stock, and we will inform you of this as soon as possible, and refund any sums paid and we will not process the order.

3.4 if any of these terms conflict with the order, the details within the order will take priority.

3.5 any changes to the order will be documented in writing and a new order form will be provided.

4 Goods

4.1 a product’s images on the website and within any catalogue or brochure are for illustration purposes only. Although we make every effort to display colours and goods accurately, the true colour may not be an exact match.

4.2 if we’re making or supplying the product to measurements you provide, you’re responsible for making sure those measurements are correct.4.3 you may make a change to the order within seven calendar days of placing an order by contacting us at sales@martinwilkinson.Com except in the case of made-to-measure Goods. Where this means a change in the total price of the goods or services, we will notify you of the amended price in writing.

4.4 if you wish to cancel an order before it has been fulfilled, please see your right to do so in clause 10.

5 Price and Payment

5.1 you must make payment of the price on delivery or collection of the goods and/or invoice, or provision of the services when we will submit an invoice.

5.2 the price will be within our price list and confirmed in your order. Our price list may change from time to time but will not affect orders that have been confirmed.

5.3 all prices exclude delivery costs which will be added to the total amount due.

5.4 it is possible that our goods may be incorrectly priced, if this is the case we will contact you to take instructions before dispatch.

5.5 if the rate of vat changes between your order date and the date we supply the product, we will adjust

The rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

5.6 if we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the bank of england base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.

6 Delivery of Goods

6.1 timescales for delivery will be dependent upon availability and your location. We will contact you with an estimated delivery date as soon as possible.

6.2 delivery will be completed when we deliver the goods to the address you have provided to us on the order or you collect the goods from us.

6.3 collection can take place from our premises between 9 am and 5:30 pm on weekdays and 9 am to 5 pm on saturdays.

6.4 goods are under your ownership once we have received payment in full.

7 Saddle Fitting

7.1 when undertaking a saddle fitting we shall follow our procedure incorporating a width, longitudinal, and rear saddle measure.

7.2 we will not accept goods being rejected under this clause until an opportunity for adjustments has been provided. Please contact us directly to arrange this.

7.3 on a flock filled saddle, within the first three months after fitting, and where the horse’s shape has not changed, we will carry out a first adjustment at the cost of travel and out-of-pocket expenses only.

7.4 for any subsequent adjustments, or first adjustments that do not fall under 8.1, you will pay our reasonable costs for attendance, in addition to the cost of travel and out-of-pocket expenses.

8 Our Requirement to Complete the Services

8.1 we will use all reasonable endeavours to provide the services in a timely manner.

8.2 you will be responsible for providing us access to your premises and other facilities we may reasonably require to carry out the services.

8.3 you are responsible for providing all such information and materials we may reasonably require and notify you of to facilitate the services.

8.4 you will prepare your premises and where appropriate your horse, into a clean condition for the supply of the services.

8.5 you may be required to pay additional costs incurred if 8.1 to 8.4 are not complied with.

9 Acceptance and Cancellations

9.1 before goods are dispatched, you have the right to cancel an order within seven calendar days by contacting us at sales@martinwilkinson.Com. If you have made a payment this will be refunded to you.

9.2 if goods have been dispatched and you cancel the goods, we will not be able to cancel the order and refund you until you return the goods under clause 10.

9.3 clauses 9.1 and 9.2 do not apply to made-to-measure saddles. This does not affect your legal rights under clause 11.

9.4 for most of our goods, except made-to-measure goods, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. You have 14 days from completion of delivery under clause 6.2, to change your mind.

9.5 clause 9.1 does not apply to services once they have been completed. Services will be deemed to be completed when the saddle fitter has left the yard.

9.6 if you have changed your mind you will need to contact us at sales@martinwilkinson.Com.

9.7 if we have to cancel an order for any reason we will contact you as soon as possible and return any funds paid.

10 Returns

10.1 you must return any goods under clause 9.4 at your own cost. You can return goods using a reliable postal service or by bringing the product to our premises. If you post goods, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price.

10.2 you must return any goods within 14 calendar days of notifying us of you changing your mind.

10.3 if you handle the product in a way that would not be acceptable in-store, we may reduce your refund, to compensate us for its reduced value.

10.4 you will be refunded for returned goods within 14 calendar days of us receiving the goods back from you.

11 Defective Goods or Services

11.1 if you think there is something wrong with your product, you must either bring it into our store or contact sales@martinwilkinson.Com.

11.2 if the goods are second-hand, they may be of a lesser quality than brand new or made-to-measure goods and they are bought as seen.

11.3 during the lifetime of a horse, its shape will change a number of times which means that goods that fit on delivery may not continue to fit.

11.4 we honour our legal duty to provide you with products that are as described to you, at the correct quantity and quality as specified, and meet all the requirements imposed by law.

11.5 we honour of legal duty to carry out our services with reasonable care and skill that meets all the requirements imposed by law.

11.6 your legal rights are summarised below. These are subject to certain exceptions. For detailed nformation please visit the citizens advice website www.Citizensadvice.Org.Uk.

11.7 if you have any issues with goods or services please contact us as soon as possible so that we can remedy any issues.

Summary of Your Key Legal Rights

If your product is goods, such as a saddle, the consumer rights act 2015 says goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:

• Up to 30 days: if your goods are faulty, then you can get a refund.

• Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

• Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.If your product is services, for example, a saddle fitting, the consumer rights act 2015 says:

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.

• If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

• If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

12 Third-Party Manufacturer

12.1 the goods may come with a manufacturer’s guarantee which is provided with the goods.

12.2 this guarantee is in addition to your legal rights to the goods if they are faulty or not described. Advice is available from your local citizens’ advice bureau or trading standards office.

13 Liability

13.1 we only supply goods for domestic and private use. You agree not to use the goods for any commercial, business, or re-sale purposes and we shall have no liability to you for any loss of profit, business, or opportunity nor business interruption.

13.2 we have no liability for any losses that are:

A) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was Unforeseeable).

B) A Force Majeure Event. As long as we have taken the steps set out in the section we’re not responsible for delays outside our control.

C) Avoidable. Something you could have avoided by taking reasonable action.

14 Force Majure

If our supply of your product is delayed by a force majure event, we will contact you as soon as possible to let you know and do what we can to reduce the delay. We will not be liable or responsible for any such delay. As long as we contact you, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our customer service team at sales@martinwilkinson.Com to end the contract and receive a refund for any products you have paid for in advance, but not received.

15 Further Important Terms

15.1 we can transfer our contract with you so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

15.2 you can only transfer your contract with us to someone else if we agree to this.

15.3 nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign off on ending or changing it.

15.4 if a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.5 if any dispute arises between the parties which cannot be resolved amicably, the parties can refer the matter for mediation to the society of master saddlers.

15.6 even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

16 Contact Details

16.1 we operate as a sole trader established in england and wales.

16.2 our address is Coursers Farm, Coursers Road, Colney Heath, St Albans, Herts AL4 0PG.

16.3 you can contact us by telephoning our customer service team at 01727 821020 or by emailing us at sales@martinwilkinson.com.

16.4 how we use your information is set out in our privacy notice.