FCS – Standard Terms
Where to find information about us and our products
You can find everything you need to know about us, Fiona Cork Saddles Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order by email. These terms may have changed since you last reviewed them, so please review them carefully.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
When you buy from us you are agreeing to the following contractual terms:
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We only accept orders when we’ve checked them. We contact you to confirm we’ve received your order.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products we take payment at regular intervals, as explained to you during the order process. You will own the product once we have received payment in full.
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We charge interest on late payments
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 pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we 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.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our reasonable control, such as strikes, acts of war, pandemics, imposition of sanctions, any action taken by government, collapse of buildings, fire, explosion or accident, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us on info@fionacorkshowing.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
You’re responsible for making sure the size you select or the measurements you provide are accurate
If we’re making product to measurements you provide, or based on a size you have selected, you are responsible for making sure those measurements are correct and/or that you have selected an appropriate size. Where you supply a template for a saddle, you are responsible for the accuracy and measurements shown in the template.
If you are a consumer and you bought online, over the telephone or at a yard, you have a legal right to change your mind for non-bespoke products
Your legal right to change your mind. For non-bespoke products bought online, over the telephone or at a yard, 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. This is subject to some conditions, as set out below.
When you can’t change your mind. You can’t change your mind about an order for:
- any bespoke item (for example, a bespoke saddle, or any other bespoke items for which you have provided the measurements or selected the size and/or style);
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- other goods that are made to your specifications or are personalised.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product.
How to let us know. To let us know you want to change your mind, contact us on info@fionacorkshowing.co.uk.
You have to return the product at your own cost. If your product is goods, for example, a headcollar, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product 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. For help with returns, contact us at info@fionacorkshowing.co.uk.
We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
When and how we refund you. If your product has not been sent, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If you are sending the product back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must contact us on info@fionacorkshowing.co.uk.
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. You have several options for resolving disputes with us.
Summary of your key legal rights (consumers) 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. |
Your rights if you are a business.
We warrant that on delivery, any products which are goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship; and
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 30 days of our reminding you that payment is due; or
- you don’t, within a reasonable time, allow us to deliver the product to you.
We don’t compensate you for all losses caused by us or our products
Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- 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).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Something you could have avoided by taking reasonable action.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.
Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited a total amount of £10,000.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Policy
How we use any personal data you give us is set out in our Privacy Policy: https://fionacorksaddles.co.uk/privacy-policy/.
You have several options for resolving disputes with us
Our complaints policy. We will use our reasonable endeavours to resolve any problems you have with us or our products. Please contact us on info@fionacorkshowing.co.uk if you have a problem.
Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional 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’re not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact us on info@fionacorkshowing.co.uk to end the contract within 5 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. We can require the new owner to prove you transferred the product to them, for example by providing a proof of purchase. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.
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.
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.
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. Similarly, if we do not enforce our rights in relation to any breach of contract initially, we reserve the right to do so at a later date.