TERMS OF TRADE – OUR LEGAL STUFF

Welcome to Flutterbye Equestrian’s online shopping site. These terms and conditions give you an overview of how this site operates and our obligations to each other regardless of whether your order is transmitted through the Internet, telephone/fax or post. By accessing, browsing and/or using this site you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree with our terms then please DO NOT use this site.

1 Website - General

Whilst we take great care to provide you with reliable information, ‘Flutterbye Equestrian’ can not and does not warrant that the services provided will remain secure, uninterrupted, up to date or that any information provided on the website is error free or reliable.

2 Acceptance of Terms and Conditions

These Terms and Conditions are the terms on which Flutterbye Equestrian Limited (‘Flutterbye Equestrian’) offers you access to the website and the products advertised. By registering an account or completing a purchase with ‘Flutterbye Equestrian’ you are deemed to have accepted these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you will not be granted access to the facilities we provide. Anyone ordering products for delivery acknowledges that they have reviewed the contents of their order and acknowledges that it contains acceptable and approved items for import into the country of destination/delivery (if outside New Zealand) and further acknowledges and agrees that they will not hold Flutterbye Equestrian liable for such packages, for whatever reason, being unable to be delivered to their destination.

3 Amendment of Terms and Conditions

These Terms and Conditions may be amended in whole or in part by ‘Flutterbye Equestrian’ from time to time. Amendments will be effective immediately upon posting of the amended Terms and Conditions on this website. It is your responsibility to ensure that you are familiar with the latest Terms and Conditions. Your continued use of your account or our shopping cart facility represents your agreement to be bound by the Terms and Conditions applicable at the time of your login to our site.

4 Our Terminology

“Customer, You, Your” Refers to you personally as our registered customer or shopper.

“Item, Items” Refers to product available for purchase through this site.

“We, us and our” Refers to ‘Flutterbye Equestrian’ as the business owned by Flutterbye Equestrian Limited

“Website” Means any ‘Flutterbye Equestrian’ website through which our services are offered.

5 Use of our Website

5.1 By using our website and/or registering as a member, you warrant that you can form a legally binding contract and are at least 18 years of age;

5.2 You must ensure that all information you give ‘Flutterbye Equestrian’ is true, correct and complete.

5.3 You must not damage, interfere with or harm (or attempt to do so) the Website or Services, or any network, or system underlying or connected to them;

5.4 You may not use a robot, spider, scraper or other automated means to access the Website or information feature on it for any purpose;

5.5 You are responsible for any actions taken through your membership access;

5.6 You agree that you will not copy, reproduce, alter, create derivative works, or display publicly any content from the ‘Flutterbye Equestrian’ web site without our prior written permission;

5.7 If you fail to comply with these Terms and Conditions ‘Flutterbye Equestrian’ may suspend or terminate your membership without notice or warning.

6 Security of your Member/Login Information

You are solely responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

6.1 Not to permit any other person to use your user name or login details or membership; and

6.2 Not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow any other person to gain access to your membership account.

6.3 You will change your password immediately if you believe that your membership details/access may have been used without your authorization.
6.4 You expressly understand and agree that your use of the services is at your sole risk. The website and services are provided on an "as is" and "as available" basis.

7 Other ‘Flutterbye Equestrian’ terms of trade.

7.1 Terms of Payment

Payment options provided by Flutterbye Equestrian are VISA and MASTERCARD. Your Credit Card account will be billed as soon as you confirm your order

7.2 Validation of credit card.

Acceptance of any order placed through this site is conditional on validation of the Customer's credit card number and approval of the purchase amount by the card issuer.

7.3 In the case of products to be obtained on your behalf or manufactured by Flutterbye Equestrian to your specific order the following further terms apply:

Unless otherwise agreed by ‘Flutterbye Equestrian’, payment shall be made in accordance with the following:

• 30% of the Contract Price shall be paid upon acceptance of a quotation by way of a non-refundable deposit.

• The balance shall be paid in full upon delivery.

• The Customer shall pay interest on any overdue amount at a rate of 2% per month, which interest shall accrue from the due date to the date of payment.

• All payments shall be made without set off or deduction of any kind.

• If the Customer does not make payment on the due date, Flutterbye Equestrian may decline to carry out any further work and Flutterbye Equestrian will not be liable for any loss or damage suffered by the Customer arising from this.

• Any quotation provided is open for acceptance for 30 days after the date of the quotation, unless earlier withdrawn by Flutterbye Equestrian. The Customer’s acceptance must be in writing unless Flutterbye Equestrian agrees otherwise

• As soon as practicable after receiving the Customer’s acceptance and deposit, unless otherwise agreed, Flutterbye Equestrian will commence the Work

• Flutterbye Equestrian will advise the Customer of the estimated date that Work will commence.

7.4 Price

All prices quoted are subject to change at any time at the discretion of ‘Flutterbye Equestrian’ and will be charged in $NZ unless otherwise specified. Flutterbye Equestrian reserves the right to reject any orders that include incorrect prices that may occur due to data entry errors, code errors, hacking, incorrect pricing provided by another party, translation errors, etc. The Contract Price for any purchase (or provided in any quotation) is based upon rates and costs as at the date of the placement of the order or issue of the quotation.

Flutterbye Equestrian reserves the right to increase the Contract Price in the event of any increase in the costs of any goods change in dimensions or specifications, or other factors affecting the cost of supply, production and/or delivery of the goods due to circumstances beyond the control of Flutterbye Equestrian between the date of any quotation and the date of delivery. The Contract Price shall be increased to a reasonable price to reflect such increases.

All prices are plus GST.

Unless otherwise stipulated, the Contract Price does not include any additional work that may be requested and which will be priced separately.

7.5 Ownership

Ownership of all goods supplied by Flutterbye Equestrian from time to time remains with Flutterbye Equestrian and passes to the Customer only when Flutterbye Equestrian has received full payment of the purchase/Contract Price.

7.6 Personal Property Securities Act 1999 (“PPSA”)

Clause 7.5 shall be deemed to create a security interest in all goods supplied by Flutterbye Equestrian from time to time to the Customer and their proceeds.

The Customer consents to Flutterbye Equestrian registering its security interest on the Personal Property Securities Register. The Customer agrees not to change its name without first notifying Flutterbye Equestrian in writing.

Flutterbye Equestrian agrees to discharge such security interest upon payment of the Contract Price by the Customer.

The Customer waives its rights to receive notices, statements or surplus due under the PPSA and its rights under Section 121, 125, 129, 131 & 132 of the PPSA.

7.7 Default

Flutterbye Equestrian may enforce its security interest created by clauses 7.5 and 7.6 if:

Payment is not made by the Customer on any due date; or

The Customer sells, disposes of or parts with possession of any goods; or

Flutterbye Equestrian believes that the Customer has or will commit an act of bankruptcy, or has or will have the liquidator appointed; or

The goods are at risk; or

The Customer breaches any of its obligations to Flutterbye Equestrian.

7.8 Delivery & Risk

Delivery prices are for New Zealand only; please contact us for delivery outside of New Zealand.

Goods are dispatched on receipt and clearance of payment

Timing of delivery: Flutterbye Equestrian Ltd will endeavour to deliver all normal orders within a reasonable time. However, the Customer accepts that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorisation is refused, where the order includes unusual requests, or due to unforeseen events.

Delivery of the Goods will be deemed to occur when the Goods are delivered to the Purchaser or Purchaser’s premises by the Company or its agent at the location specified by the Purchaser, or when the Purchaser or any employee or agent of the purchaser takes possession of the Goods, whichever occurs first.

The Company will make every effort to ensure delivery of Goods is on time but will not be liable for any loss or damage, including (without limitation) consequential loss arising in any way from any delay in delivery.

Non-delivery: If the goods cannot be delivered for any reason, such as the Customer failing or refusing to accept the goods, or the Recipient failing to produce adequate identification, the goods will be returned to the warehouse and held for the Customer. The Customer must, at the customer's expense, arrange delivery or collection of the goods within one week of the attempted delivery.

Obligations complete on delivery: Flutterbye Equestrian Ltd is deemed to have fulfilled its obligations upon delivery of the goods.

Delivery of goods shall be made to the street address recorded on our quotation when the goods are unloaded (“Delivery”).

Without prejudice to any other rights and remedies which it may have, where the Customer fails or refuses to take or accept Delivery on the date and time specified, Flutterbye Equestrian may charge the Customer storage and transportation costs resulting from that failure and/or refusal.

Risk in all goods supplied by Flutterbye Equestrian passes to the Customer on Delivery. The Customer shall insure all goods from Delivery.

7.10 Delay

Any time for delivery of the goods or completion of the Contract Work or any part thereof shall be approximate only.

Flutterbye Equestrian shall not be liable to the Customer for any delay or failure to supply the goods or complete the Contract Work.

If the manufacture, supply or delivery of goods or completion of Contract Work is delayed by reason or as a result of any act, omission, default or request by or on behalf of the Customer, Flutterbye Equestrian may without prejudice to its other rights and remedies, require payment by the Customer of such portion of the Contract Price as represents the extent to which Flutterbye Equestrian has completed the Contract Work. In the event of such delay continuing beyond reasonable time, Flutterbye Equestrian may, without prejudice to its other remedies terminate the Agreement.

7.11 Warranties

Unless otherwise agreed by Flutterbye Equestrian or required by law, no warranty or condition in respect of the Contract Work shall be implied against Flutterbye Equestrian. An express warranty shall only be binding on Flutterbye Equestrian where it is in writing and signed by Flutterbye Equestrian.

Where any goods supplied to Flutterbye Equestrian by a third party are subject to an express warranty provided by that third party, the Customer shall be entitled to the benefit of that express Warranty.

7.12 Liability

Flutterbye Equestrian’ liability for any defect in the Contract Work is limited to the Contract Price.

Flutterbye Equestrian shall have no liability for any damage caused to the goods if:

• Any attempt to repair the goods is made by any person or persons not authorized by Flutterbye Equestrian to make such repairs.

• The defective goods have been modified or incorrectly stored, maintained, installed, or operated by the Customer.

• The goods are used for a use not specifically intended.

Flutterbye Equestrian shall have no liability for any consequential, indirect or special loss, damage or injury suffered by the Customer arising from the Contract Work.

Any claims for goods damaged in transit or during unloading must be noted on the delivery docket at the time of the delivery and notified to Flutterbye Equestrian within 2 working days after the date of delivery.

7.13 Consumer Guarantees Act 1993 (“CGA”)

If the Customer is a “Consumer” under the CGA who acquires goods and services from Flutterbye Equestrian other than for the purpose of a business, then these terms of trade will be subject to the provisions of the CGA.

If the Customer is a “Consumer” who acquires the goods and services from Flutterbye Equestrian for the purposes of a business, the Customer agrees that the warranties contained in the CGA will not apply and these terms will apply instead.

If the Customer is not a “Consumer” under the CGA, the Customer acknowledges that these terms will apply.

7.14 Copyright

Copyright in all drawings, specifications and other technical information provided by Flutterbye Equestrian remains vested in Flutterbye Equestrian.

7.15 Dimension & Specifications

Dimensions and specifications contained or referred to on this site or in any catalogue or other publications maintained or issued by Flutterbye Equestrian are estimates only.

Unless otherwise expressly agreed in writing, there is no requirement that the goods will correspond precisely with such dimensions and specifications.

7.16 Returns

Returns are accepted on all goods provided they are returned in the condition sold and dispatched by you within 10 days of receipt. A full refund of the purchase price excluding delivery charges will be made. However if we have made a mistake in the description delivery charges will also be refunded. Please contact us before returning an item.

8 Dispute Resolution

8.1 In the event of any dispute between Flutterbye Equestrian and the Customer, the Customer agrees to pay all moneys owing to Flutterbye Equestrian pending resolution of the dispute.

8.2 Either party will as soon as reasonably practicable give the other party a notice of any dispute arising between them.

8.3 If there is a dispute, the parties to the dispute will endeavour to resolve the dispute within a maximum of ten (10) business days of receiving notice of the dispute in accordance with clause 8.2;

8.4 If, following the dispute resolution process set out in clause 8.3, the parties do not resolve the dispute, then the parties will endeavour to settle their dispute by mediation. Either party may initiate mediation by giving written notice to the other party. Such mediation process will not (unless otherwise agreed between the parties) extend beyond a period of ten (10) business days following the appointment of the mediator. If the parties cannot agree on a mediator within a maximum of three (3) business days of the notice, then the mediator will be selected by the President for the time being of the New Zealand Law Society or his/her nominee.

8.5 Any dispute or difference arising between the parties that cannot be resolved pursuant to this clause within the periods referred to in those clauses shall be referred to an arbitrator to be agreed between the parties. The arbitrator is to conduct the arbitration proceedings in accordance with the Arbitration Act 1996 and any amendment thereof or any statutory provision then relating to arbitration.

8.6 If the parties cannot agree on an arbitrator, the arbitrator will be appointed by the President for the time being of the New Zealand Law Society or his/her nominee.

8.7 The provisions of Article 11 of the First Schedule of the Arbitration Act 1996 are to be read subject hereto and varied accordingly. The procedures set out in this Clause 7 will not prevent Flutterbye Equestrian from taking proceedings for the recovery of any moneys payable hereunder which remain unpaid and from exercising the rights and remedies in the event of such default prescribed hereunder or permitted by law.

8.8 Pending resolution of any dispute, the parties will continue to perform their obligations in this Agreement which are not directly at issue in the dispute.

9 Costs

The Customer will pay the costs of recovery of any part or all of the purchase / Contract Price and any monies owing to Flutterbye Equestrian, including costs on a solicitor/client basis, any Court costs and disbursements, services or collection fees.

10 No Assignment

The Customer must not assign its rights under this contract without the written consent of Flutterbye Equestrian.

11 Privacy Act

The Customer authorizes Flutterbye Equestrian:

• To make enquiries with credit agencies and regarding the Customer’s credit history;

• to release information to the extent necessary to credit agencies for its purpose;

• to disclose any information about the Customer for the purpose of recovering any amounts owing to Flutterbye Equestrian; and

• to send the Customer about other goods and services provided by Flutterbye Equestrian.

Privacy Policy:
From time to time we offer our customers various products and services we may think may be of interest to them. Be assured this information will remain confidential to Flutterbye Equestrian and that you may have these details corrected or removed at any time.
Privacy Policy
Flutterbye Equestrian is committed to protecting your privacy. This privacy policy ("Policy") governs data collection and usage for all Internet users visiting our web site, and for all customers who use any goods, products or services that we provide ("Services"). Your use of our Website and/or Services shows your conditional consent to our collection, use and disclosure of personal information in the manner set out below.
Visitors
If you are just surfing and reading information on our Website, then we collect and store the following informationfrom your visit:
I.P. Address
Browser and Operating System
Pages Visited
We do not sell information which identifies you personally. This information is used only for statistical purposes and how we may enhance the customer experience.
Customers
Your use of the Services may involve the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may collect also demographic information, such as your age, gender, preferences and interests.
This information is used by us for the operation of Services, to maintain quality of Services, to provide general statistics regarding use of the Services and to assist us to deliver customised content and advertising to our customers.
Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our Services.
You may ask to see any information we hold about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you.
We may occasionally monitor telephone calls between existing and new customers and our personnel to help train our personnel to provide better customer service. We may also monitor communications between our customers and third parties to maintain and support our systems and to safeguard the security and integrity of our services.
We may provide your personal information to our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners to:

• provide our Services for you and others
• send your bills and recover money you owe
• keep you informed of and conduct sales and marketing activities in relation to Services available to, or planned for you from us and other people
• exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners has.

Although we may publish aggregated information relating to your use of the Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission.
Personal information collected in relation to your use of the Services is stored and processed in New Zealand.

Disclosure of Information

We may disclose information about you or your use of the Website and/or Services without your prior permission if we have a good faith belief that such action is necessary to:

• conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law
• protect our rights or property or those of our related companies
• enforce our Customer Terms or Service Terms
• act to protect the interests of our, or our related companies, customers or others.

We do not sell, rent or lease our visitor or customer information to third parties.

Third party websites

We encourage you to review the privacy statements of websites you choose to link to from our Website so that you can understand how those websites collect, use and share information. We are not responsible for the privacy statements or other content on websites linked from our Website.

Changes to our Policy

We may, at our discretion, update or revise this Policy at any time. Any changes will take effect immediately once they are posted on our Website. It is your responsibility to check this Policy regularly for any modifications or updates. Your continued use of our Services after any changes have been posted on our Website indicates your acceptance of those changes.

Security

All of the online retailers linked to the in the Flutterbye Equestrian web site have been selected because we believe they are able to provide you with a better online shopping experience.

Shop Security is one of our highest priorities. All online retailers are expected to use a secure environment and many of the retailers linked to the Flutterbye Equestrian web site use technology called SSL - Secure Sockets Layer.

Where an online retailer uses SSL technology, at the virtual checkout the online retailer serves and your PC encrypts (scrambles) everything that you enter into your computer, such as credit card details, billing and delivery address.

Because it is encrypted, generally other computers are unable to make sense of it, therefore keeping this information private while it is being transmitted. Be aware that some people do try to hack into other peoples communications, despite this security.

When you enter into an online buying transaction, there are visual clues on screen that tell you when you have entered a secure environment. The “locked padlock” icon is one. Please familiarize yourself with these clues.

Note: do not put your credit card details in an email!

Credit Card Liability - in the event that you receive unsolicited charges on your credit card bill, most credit card suppliers agree, in their credit card terms and conditions, to limit the amount of fraudulent charges for which the cardholder will be liable. This means that if you are able to prove that the purchase made over the Internet was not made by you, you may not be liable for the total amount of these fraudulent charges, but please check if your credit card supplier offers this and the details of the limit and when it applies, before you begin shopping online.

Privacy Policy

Flutterbye Equestrian does not and will not sell or rent any of your personal information.

This information is used by us to help in providing you with a better online shopping experience - for example: making suggested improvements to this channel, providing you with our Shopping Newsletter or any instance when we are required to get in contact with you directly in response to a query from you.

You have the right to control your personal information as you see fit.

Our Commitment to You: