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Equitack Limited T/A - Voltaire Design UK - Terms and conditions of sale

1. THESE TERMS

1.1.What these terms cover.

These are the terms and conditions on which we supply goods to you.

1.2.Why you should read them.

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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1.Who we are.

We are Equitack Limited trading as Voltaire Design UK, a company registered in England and Wales. Our company registration number is 10497506 and our registered office is at Bailey House, 4-10 Barttelot Road, Horsham, West Sussex, United Kingdom, RH12 1DQ. Our registered VAT number is GB288442368.

2.2.How to contact us.

ou can contact us by telephoning our customer service team at +33 559 412 055 or by writing to us at sc@voltaire-design.com or Customer Service - Voltaire Design, Groupe Voltaire SAS, Technopole Izarbel, 213 allée Fauste d’Elhuyar, 64210 Bidart FRANCE.

2.3. How we may contact you.

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.

2.4. ”Writing” includes emails.

When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1.How we will accept your order.

Our acceptance of your order will take place when we email it to you, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.

3.3. Your order number.

We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1.Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations and we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Although we have made every effort to be as accurate as possible, because our products are bespoke, your personalised product may differ slightly from the website and demo models you have tried.

5. PROVIDING THE PRODUCTS

5.1.Delivery costs.

The costs of delivery will be as notified to you before you place your order.

5.2.When we will provide the products.

We will contact you following receipt of your order with an estimated delivery date, which will be within 20 weeks of the day on which we confirm your order. Where you pre-purchase a bespoke item at an event, your order will not be confirmed until we have visited you to finalise the order details.

5.3. We are not responsible for delays outside our control.

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.

5.4. If you are not at home when the product is delivered.

If no one is available at your address to take delivery, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

5.5.If you do not re-arrange delivery.

If you do not collect the products from the courier as requested or if, after a failed delivery to you, you do not re-arrange delivery or collect them 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 8.2 will apply.

5.6. When you become responsible for the goods.

The product will be your responsibility from the time we deliver the product to the address you gave us.

5.7. When you own goods.

You own a product once we have received payment in full.

5.8. We may suspend production of the products if you do not meet payment instalments.

If you do not pay us for the products when you are supposed to (see Clause 10.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend production of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending production of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 10.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 10.5).

5.9. Where you wish to trade in a saddle as a part exchange.

The value attributed to your trade in saddle will be set out on the order form. If you do not send the part exchange saddle to our registered office at Equitack Ltd t/a Voltaire Design UK, Bailey House, 4-10 Barttelot Road, Horsham, West Sussex, United Kingdom, RH12 1DQ within 8 weeks of placing the order, you will be charged a full retail price for the products and it will not be possible to trade in any saddles. Please ensure that you retain a proof of delivery for the method of sending used for any part exchange saddle.

6. YOUR RIGHTS TO END THE CONTRACT

6.1.You can always end your contract with us.

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1.If what you have bought is faulty or materially misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 9;
6.1.2.If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2;
6.1.3. If you have just changed your mind about the product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
6.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see Clause 6.5.

6.2. Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
6.2.1. there is a risk that supply of the products may be significantly delayed because of events outside our control;
6.2.2. we have suspended production of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 8 weeks; or
6.2.3. you have a legal right to end the contract because of something we have done wrong.

6.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most products bought off-premises you have a legal right to change your mind within 14 days of the date of order and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

6.4.When you don’t have the right to change your mind.

You do not have a right to change your mind in respect of:
6.4.1. any bespoke saddle; and
6.4.2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. For the avoidance of doubt, the Voltaire Design Essentials Range saddles are not bespoke saddles under 6.4.1.
6.4.3. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought non-bespoke goods (for example, a bridle, girth, Essentials Range saddle or other accessory), you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. Please note that any refund may be reduced under 7.6.1 if the goods are handled any more than they would be in a showroom or tradestand, reducing the value of the goods.

6.5. Ending the contract where we are not at fault and there is no right to change your mind.

Even if we are not at fault and you do not have a right to change your mind (see Clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

7.1.Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the following:
7.1.1.Phone or email. Call customer services on +33 559 412 055 or email us at sc@voltaire-design.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2. By post. Write to us at Customer Service - Voltaire Design, Groupe Voltaire SAS, Technopole Izarbel, 213 allee Fauste d’Elhuyar, 64210 Bidart FRANCE, including details of what you bought, when you ordered or received it and your name and address.

7.2. Returning products after ending the contract.

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 either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +33 559 412 055 or email us at sc@voltaire-design.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

7.3. When we will pay the costs of return.

We will pay the costs of return:
7.3.1. if the products are faulty or misdescribed;
7.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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 In all other circumstances you must pay the costs of return.

7.4. What we charge for collection.

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

7.5. How we will refund you.

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.

7.6.Deductions from refunds if you are exercising your right to change your mind.

If you are exercising your right to change your mind:
7.6.1.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 or tradestand. 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.
7.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

7.7.When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if the products are goods and we have not offered to collect them, 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. For information about how to return a product to us, see clause 9.8.

8. OUR RIGHTS TO END THE CONTRACT

8.1.We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:
8.1.1.you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.1.2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

8.2.You must compensate us if you break the contract.

If we end the contract in the situations set out in Clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract

9. IF THERE IS A PROBLEM WITH THE PRODUCT

9.1.How to tell us about problems.

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +33 559 412 055 or write to us at sc@voltaire-design.com or Customer Service - Voltaire Design, Groupe Voltaire SAS, Technopole Izarbel, 213 allee Fauste d’Elhuyar, 64210 Bidart FRANCE.

9.2.Summary of your legal rights.

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is non-bespoke goods, for example a bridle or girth, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.

9.3.Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +33 559 412 055 or email or write to us at sc@voltaire- design.com or Customer Service - Voltaire Design, Groupe Voltaire SAS, Technopole Izarbel, 213 allee Fauste d’Elhuyar, 64210 Bidart FRANCE for a return label or to arrange collection.

10. PRICE AND PAYMENT

10.1. Where to find the price for the product.

The price of the product (which includes VAT) will be the price indicated on your order form or on the website, as appropriate. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order.

10.2. We will pass on changes in the rate of VAT.

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.

10.3. What happens if we got the price wrong.

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.

10.4. When you must pay and how you must pay.

We accept payment by all major credit and debit cards. You must pay for the products in full before we dispatch them. Payment is preferred at the point of sale, however when we have your card details we will not charge your credit or debit card with any outstanding balance until just before we dispatch the products to you.

10.5. We can charge interest if you pay late.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue 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 interest together with any overdue amount.

10.6. What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1. We are responsible to you for foreseeable loss and damage caused by us.

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 or our failing to use reasonable care and skill, 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.

11.2. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 9.2; and for defective products under the Consumer Protection Act 1987.

11.3. We are not liable for business losses. We only supply the products for 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.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1. How we will use your personal information.

We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website www.voltairedesign.com

13. OTHER IMPORTANT TERMS

13.1. We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2. You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3. Nobody else has any rights under this contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4. If a court finds part of this contract illegal, the rest will continue in force.

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.

13.5. Even if we delay in enforcing this contract, we can still enforce it later.

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 will 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6. Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.