Terms & Conditions
Terms & Conditions
As a condition of using this website, you agree to comply with, and be subject to, all of the following terms and conditions of use.
Use of Website
By making a purchase via the KS Equine Services website you agree to be bound by these terms and conditions as amended from time to time.
Please note that additional terms and conditions governing your relationship with us are contained in other KS Equine Services website pages and will be incorporated into and will form part of your agreement with KS Equine Services
We will charge you for the product/products plus shipping on the day you ordered. If multiple items are ordered and for some reason not all items are able to be sent together we will contact you for additional instructions.
Payment will be made by cash, cheque, bank cheque, credit card, direct credit, or by any other method as agreed to between the Customer and KS Equine Services.
Your goods will be shipped as soon as cleared funds are received into our account.
Change or Cancel Your Order
If you wish to change or cancel your order please contact us as soon as possible. You can only cancel or amend your order if it has not already been processed and shipped.
If your goods have already been shipped, unfortunately additional delivery charges will be incurred at your expense.
Delivery Times and Cost
These will be advised at time of placing your order.
While we are confident that our excellent sales staff will help you select the correct item for your needs, we will gladly refund or exchange any new product within 14 days of its original purchase, as long as the product is in new condition and accompanied by its original packaging and receipt. You must contact us within 72 hours of receiving your order to advise of any issue or potential return.
We will credit you upon receipt of the goods, using the same payment method as you used to purchase the goods (eg. credit your credit card if you purchased the goods using a credit card).
Postal charge will not be refunded and any additional charge incurred in resending stock will be charged at cost.
The following items cannot be accepted for exchange or refund:
- Sale or Clearance stock
Any items found to be faulty within the manufacturer’s warranty period are to be returned postage paid to obtain an exchange or refund. Please phone first to obtain a return number.
If goods are found to be defective in materials or workmanship, they may be returned within 30 days of purchase. Defective items may be repaired, replaced or refunded at our discretion. We require a note with your name, telephone number and a brief explanation for our records, as well as the sales invoice.
The materials (including all software) and services at this site are provided as is and without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. KS Equine Services obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements.
KS Equine Services further does not warrant the accuracy and completeness of the materials, information or services at this site.
The Material made available on the KS Equine Services website is provided as general information only. KS Equine Services does not warrant that the material is professional, expert or other advice or that they are a substitute for such advice.
KS Equine Services may make changes to the materials and services at this site, or to the products and services described in them, at any time without notice. The materials and services at this site may be out of date, and KS Equine Services makes no commitment to update the materials and services at this site.
Third Party Links
This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by KS Equine Services, of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk.
From time to time KS Equine Services may issue vouchers or credits for redemption against future purchases. These may be provided directly by KS Equine Services or through a third party, such as a prize through a riding club. Vouchers may not be used in conjunction with any other offer. Any terms and conditions on a voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable. If no expiry date is printed on the voucher, the voucher is valid 12 months from issue or date of event in which the voucher was won. Vouchers can be cancelled subject to misuse, fraud or error
Changes to Items Listed
We may withdraw and/or re-offer any item listed for sale on the KS Equine Services website if the item:
- Becomes unavailable
- Is withdrawn by the manufacturer or supplier
- Was incorrectly described or listed and/or
- At our discretion
Currency & Pricing
Unless otherwise shown, all the prices listed on the KS Equine Services website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the KS Equine Services website at the wrong price, KS Equine Services may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged or deposit made. If your credit card was charged or a direct deposit has been made for the purchase, and the order is cancelled, KS Equine Services will notify you and issue a refund to your account or credit card in the amount of the cancelled order.
You acknowledge and agree that all intellectual property rights comprised in or relating to the KS Equine Services website, including any trademarks and logos, are owned by KS Equine Services or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.
The KS Equine Services website is for your personal and non-commercial use only. You may download and view KS Equine Services’ website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the KS Equine Services website for your own use only, provided you do not:
- modify the content (including, without limitation, any copyright notice) in any way;
- make the content public;
- copy, distribute, transmit, display, perform, reproduce, publish or license any material for any purpose whatsoever;
- mirror or frame any website or page within the KS Equine Services website;
- do anything to prejudice the rights of the trademark owner or licensee; or
- use the content in a manner or for a purpose prohibited by these Terms.
You agree to indemnify KS Equine Services and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all solicitors fees) that may arise from your submissions, and from your unauthorised use of material obtained through KS Equine Services, from your breach of these Terms, or from any such acts arising through your use of KS Equine Services.
KS Equine Services may terminate your right to access and use the KS Equine Services website at any time if you breach these terms and conditions. You may cease to use the KS Equine Services website at any time in your absolute discretion.
Use of your Account
You must not use false or misleading information when registering or using our services and you must update your details if they have changed since your last use. KS Equine Services is not responsible for any loss or damage which you may suffer because you have not provided complete, accurate and up-to-date information.
When you register, you must choose your username and password. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.
We may send notifications to you by email, including:
- Order confirmation for purchases;
- The status of any deliveries; and
- A copy of your invoice, if applicable.
We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.
Security & Privacy
All orders are made through a secure web server. For expanded information on our secure server information please see our Security Policy.
Changes to Terms & Conditions
KS Equine Services may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
KS Equine Services may cease to provide you with access to the KS Equine Services website or any of its services without notice.
All rights not expressly granted are reserved.
This Agreement is governed by and construed in accordance with the laws of the State of New South Wales Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
The site is provided by KS Equine Services in good faith but KS Equine Services does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the site or the content or any websites to which the site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
The contents of the site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
To the extent permitted by law which cannot be excluded, KS Equine Services and the registered proprietors of KS Equine Services, and any of their respective affiliates, directors, officers, employees, agents, contractors, successors or assigns hereby disclaim all liability for an losses, damages, liabilities, claims and expense whatsoever (howsoever arising including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise) in connection with or arising out of or in connection with any information, materials or services provided on or through our website, any use of, or inability to use, all or any part of the content, the site and/or any website to which the site is linked, or any action taken (or refrained from being taken) as a result of using any of these, including any direct, indirect, consequential, special, punitive or other damages that you or others might suffer, including but not limited to damages for loss of profits, business interruption or the loss of data or information.
Where any responsibility or liability cannot by law be excluded, our liability is limited, to the extent possible, to the supply of the goods or services, the repair of goods, or the payment of the costs of having the goods or services repaired or supplied again.
Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon KS Equine Services which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which KS Equine Services is entitled to do so, KS Equine Services limits its liability in respect of any claim under those provisions to:
- In the case of goods, at KS Equine Services’ option:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired; and
- In the case of services, at KS Equine Services’ option:
- The supplying of the services again; or
- The payment of the cost of having the services supplied again.