TERMS AND CONDITIONS OF SALE
- These are the terms and conditions on which we supply products to you.
- Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Please note that we have separate terms and conditions of service which govern your purchase of shares in racehorses and use of the services we make available through www.myracehorse.com][ (“Website”).
ABOUT US AND HOW TO CONTACT US
- We are MyRacehorse Ltd (“MyRacehorse”, “we” or “our”) a company registered in England and Wales with registration number 13682188 and having our registered office at C/O Fox Williams LLP 5TH Floor, 10 Finsbury Square, Finsbury, London, UK, EC2A 1AF. Our registered VAT number is [Application Pending – to be updated].
- You can contact us by calling our customer service team at +44(0)20 4515 2330 or by writing to us at firstname.lastname@example.org.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
- Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to the UK and Ireland. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK or Ireland.
- The images of the products on our Website are for illustrative purposes only. Your product may vary slightly from those images. For an accurate description of any product and details of what is included with the product, please read the product description.
YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7).
PROVIDING THE PRODUCTS
- The costs of delivery will be as displayed to you on our Website.
- During the order process we will let you know when we expect to be able to provide the products to you.
- If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If, after a failed delivery to you, you do not re-arrange delivery, collect the product(s) from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
- You will become responsible for the products from the time we deliver the products to the address you gave us or from the time you or a carrier organised by you collect the products from a delivery depot.
- You own a product once we have received payment in full.
CANCELLATION BY YOU
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
- if what you have bought is faulty or misdescribed, you may have a legal right to end the contract. See clause 10;
- if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- if you have changed your mind about the product, see clause 7.3 – 7.6.
- If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
- For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. See clause 7.5 below for products in respect of which cancellation and refund rights do not apply.
- We offer more generous cancellation rights than those which apply under UK law. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):
Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous14 day period to change your mind.28 day period to change your mind.Consumer to pay costs of return.We pay the costs of return.
- You do not have a right to change your mind in respect of:
- products that have been made to your specifications or are clearly personalised (unless these were delivered faulty);
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- products that you have used; or
- any other products in respect of which cancellation rights do not apply as set out under the Consumer Contracts Regulations 2013.
- You have 28 days after the day you (or someone you nominate) receives the products, unless our products are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
HOW TO CANCEL
- To end the contract with us, please let us know by doing one of the following:
- Phone or email: Call customer services on +44(0)20 4515 2330 or email us at email@example.com.
- Online: Complete the form on our Website and return this to us.
- By post: Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods by posting them back to us at Weatherby’s, Sanders Road, Finedon Road Industrial Estate, Wellingborough, NN8 4BX, UK. Please call customer services on +44(0)20 4515 2330 or email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 28 days of telling us you wish to end the contract.
- We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind.
- In all other circumstances you must pay the costs of return.
- We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below:
- the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you requested next day delivery, you will only be reimbursed the costs of standard delivery;
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in respect of any products you have purchased, then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us about your decision to cancel this contract.
CANCELLATION BY US
- We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- If we end the contract in the situation set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
PROBLEMS WITH THE PRODUCT
- If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +44(0)20 4515 2330 or email us at email@example.com.
- We are under a legal duty to supply products that are in conformity with the contract entered into with you. If any product you have received is faulty or does not otherwise conform with the contract, you can contact us within 30 days after the delivery of the product to cancel the contract and request a refund.
- If you wish to exercise your legal rights to reject any faulty product, you must post it back to us. We will pay the costs of postage or collection. Please call customer services on +44(0)20 4515 2330 or email us at firstname.lastname@example.org a return label.
- We do not cover any lack of conformity caused by you, whether by accident, neglect, misuse or normal wear and tear.
- Nothing in these terms affects your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454040506.
PRICE AND PAYMENT
- The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- 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 for the product in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- We accept payment with all major credit and debit cards.
- We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.
GIFT CARD TERMS AND CONDITIONS
- This clause tells you about the additional terms and conditions which apply to your purchase and use of digital MyRacehorse gift cards through our Website.
- Your MyRacehorse gift card is valid for a period of  months from the date of activation (which shall be the date of the gift card is purchased) following which it will expire automatically. A gift card cannot be used after the expiry date and any remaining balance will be removed and the card will become invalid and no longer available for use.
- Gift cards can be redeemed to purchase the services and/or products that MyRacehorse makes available through the Website. Anyone wishing to claim and redeem a MyRacehorse gift card must have a MyRacehorse account and agree to the MyRacehorse terms and conditions of sale and use. For more information on how to claim and redeem your MyRacehorse gift card, see here.
- Subject to clause 12.6, the gift card balance cannot be exchanged for cash or redeemed against the purchase of another MyRacehorse gift card.
- If you’re buying someone else a MyRacehorse gift card, please make sure you get their email address correct. We will not be responsible if you get it wrong and the gift card is emailed to someone else.
- The purchaser (and not any third party recipient) of a gift card may cancel the contract for the gift card and receive a refund at any time up to 14 calendar days from the date of the purchase of the gift card, provided none of the balance has been spent. For details on how to cancel, please see clause 8.1.
- Any products paid for using a gift card that are subsequently returned for a refund will be credited to the original gift card.
- In the event a gift card is non-functional, your sole remedy, and our sole liability, will be the replacement of such gift card.
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- In any event, our total aggregate liability to you in respect of any product you have purchased from us shall in no circumstances exceed the price of that product.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and
- defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OTHER IMPORTANT TERMS
- These terms are between you and us. No other person shall have any rights to enforce any of these terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- We may vary these terms at any time. Please note, however, that if we do so, the terms which are in force at the time you make a purchase will apply in respect of that purchase.
- These terms are governed by English law. However, if you are resident in another part of UK or Ireland, you additionally enjoy the protection afforded to you by mandatory provisions of Irish law which applies in such country.
- You can bring legal proceedings in respect of the products in the English courts. If you live in another part of UK or Ireland, you can bring legal proceedings in respect of the products in either the English courts or the courts of the country in which you reside.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to:
- RetailADR, by email at email@example.com; or
- if you live in Ireland, the European Commission Online Dispute Resolution platform, available at on the website http://ec.europa.eu/odr.
MyRacehorse Services Ltd Merchandise Cancellation Form
(To download or print this form click on this link )
If you would like to withdraw from your contract with us, within the 28 day cancellation period as described in our Terms and Conditions of Supply, please complete this form and send it back to us:
- By post: ℅ Weatherby’s, MyRacehorse Services Ltd, Sanders Road, Finedon Road Industrial Estate, Wellingborough, NN8 4BX, UK or
- By email: firstname.lastname@example.org
I would like to withdraw from my contract for the purchase of goods as listed below:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
(* list items for which you wish to withdraw)
Order Number ____________________(* Please give us the Order Number this relates to which you will find on your confirmation of order email or within your account details)
Bought on _________________(*date) /delivered on :______________(*date)
(No need for signature unless returning this form by hard copy)
(*) Complete or delete as applicable.