Welcome to the Shire Equine Terms and Conditions.

Please read them carefully as they contain important information.

These Terms and Conditions set out the use of this site. By accessing this Website and/or placing an order you are agreeing to operate strictly in accordance with these conditions and are therefore agreeing to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this Website.

We encourage you to save a copy of these Terms and Conditions of Use using the ‘save as’ function of your browser or to print a copy using the ‘print’ function of your browser.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

  1. Definitions

‘Conditions’ means these Terms and Conditions and the Special Conditions;

‘The Company’ Nene Milling Company LTD trading as Shire Equine

‘The company address’ Nene Milling Co Ltd, Unit 1 Brigstock Road, Wisbech, Cambs, PE133JJ

‘Product’ means a product displayed for sale on the Website and in stores;

‘Product Description’ means that part of the Website where certain terms and conditions in respect of the individual Product are provided;

‘Special Conditions’ means the terms and conditions in the Product Description;

‘Users’ means you or the users of the Website collectively plus those purchasing and using the products;

‘Personal Details’ means the details provided by you on registration;

‘We/us’ means Shire Equine;

‘Website’ means any Shire Equine website located at www.shireequine.co.uk or any subsequent URL which may replace it;

‘Cookies’ means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer;

‘United Kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel Islands

‘UK Mainland’ means England, Wales and Scotland excluding offshore locations (e.g Isle of Wight, Isle of Man and Scottish Isles)

‘You’ means a user of this Website.

  1. General terms and conditions

This site is owned and operated by Nene Milling Co Ltd trading as Shire Equine

Unit 1 Brigstock Road, Wisbech, Cambs, PE133JJ

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at hello@shireequine.co.uk or 01945425230 or write to “the company address”.

“Special conditions” and the product description form part of these terms and conditions.

  1. The Contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

  1. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

  1. Amendments

Shire Equine may update these Terms and Conditions from time to time. Any such changes will be announced on the website (see the date in section 8 below). You will be responsible for reading the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your agreement to be bound by the new Terms and Conditions.

  1. Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

  1. Registration

To register with Shire Equine you must be over eighteen years of age.

You are responsible for keeping your password and actions relating to your account details confidential at all times. Shire Equine shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

The Personal Details that you provide Shire Equine with when you register as a customer is true, accurate, current and complete in all respects. Shire Equine must be informed immediately of any changes to your personal details either by you accessing Your Account or emailing our Customer Care Team at hello@shireequine.co.uk

  1. Security and Privacy

 

This policy applies on and from 25 May 2018

Keeping your data safe

Nene Milling Co LTD t/a Shire Equine are committed to keeping your personal data safe and secure, and handling it in accordance with our legal obligations. This Privacy Policy sets out in detail the purposes for which we process your personal data, who we share it with, what rights you have in relation to that data and everything else we think it’s important for you to know.

 

Who are we?
Nene Milling Co Ltd trading as Shire Garden Buildings is a retail company. We sell garden buildings and garden structures on line and in stores. Trading as Shire Equine we sell bedding made from timber suitable for horses, livestock and small animals.

We aim to provide customers with the highest quality products at all price points making us one of the most competitive in the UK in market. We have an ongoing program to invest in the latest technology and systems to provide our customers with the best possible experience.

When you use our website we collect information about how you use the website, so that we can improve the customer experience, our products and services to you in the future.

8.1 Who’s in control?
8.1.1 It is important that you understand who is responsible for keeping your data safe. We are the “controller” of all personal data collected and used for the purposes of the Shire Equine website and for any other purposes set out in this Privacy Policy. This means that we are responsible for deciding how and why your data is used and for ensuring that your data is handled legally and safely.

8.2 What data do you hold on me?

8.2.1 We collect some data directly from you when you register for an account through our website.

If you have registered through our Shire Equine website we will have:

8.2.1.1 your full name
8.2.1.2 your title (if you choose to provide it)
8.2.1.3 your email address
8.2.1.4 the password you set up to access your account
8.2.1.5 your telephone number
8.2.1.6 your billing postcode and address
8.2.1.7 your delivery postcode and address.

Your personal data will be used to provide the information, goods and services offered through our website to you. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (‘User Information’). We may collect this information even if you do not register with us.

We also monitor customer traffic patterns and site usage that enables us to improve the service we provide.

If you are concerned about your data, you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge.

 

This data includes the following:

8.2.2 We also collect information that you voluntarily provide to us when you contact us with queries, complaints, comments or praise, or information that you voluntarily post about yourself on public areas of our platform (Voluntary Data).

8.2.3 We collect information about how you use the Shire Equine website cookies and similar technology. This includes your viewing history, IP addresses, device identifiers and information about how long you have stayed on certain pages or what pages you have clicked on (Behavioural Data). You can find more detailed information about this in our cookies policy. We also log and use information about any service errors or interruptions that you have experienced in order to help us create fixes and to make technical improvements to our website. We also collect some data about you from third parties (Third Party Data).

8.3 What do we use your data for?
It is important that you understand how and why we use the personal data that we collect about you. This section sets out the different purposes for which we process personal data and which types of personal data we need for each purpose.

8.3.2 We use your Account Data to contact you occasionally with newsletters which may include details of new products and services; our latest offers and impending offers; activities and events happening within Shire Equine

8.3.3 We use your Voluntary Data to enable us to respond to queries, complaints or comments that you have and to make sure that these are appropriately dealt with, for example when you contact customer services or sales. If Voluntary Data you provide includes any special categories of personal data (such as information about your health, race or religion), you must make sure before you provide this that you are happy for us to use that Voluntary Data for the purposes set out in this Privacy Policy. We will never request special categories of personal data, such as information about your health, race or religion.

8.3.4 Competitions and surveys
8.3.4.1 We use Competition Data for the purposes of allowing you to participate in competitions and to carry out any activities required in relation to those competitions, for example contacting you to let you know you have won a prize and using your address to send your prize to you.
8.3.4.2 We use Survey Data for the purposes of analysing insights and information to enable us to improve our services.

 

8.3.5 Improving our services
We use Account Data, Behavioural Data, Voluntary Data and Survey Data to help us monitor, analyse and improve our website and services. We use this data to help us understand which products and services are of most interest for our customers and to help us identify errors and test features. This helps us to make sure that we are providing you with the best possible products and services.

8.3.6 Marketing and advertising
We use Account Data, Behavioural Data, Survey Data and Third Party Data for marketing and advertising purposes.

8.3.7 Profiling
We may use and combine all the data that we hold about you in order to build up a picture of you and the types of products and services which might be of interest to you.

8.3.8 Search engines e.g. Google, Bing

We use a number of search engines to help advertise our products and services.

We use the data from these search engines to:
(a) enable us to assess our performance and to improve our products and services including advertising;
(b) inform our marketing and promotional activities;

Our search engine data is shared with our trusted third party advertising, marketing consultants and web developers who will use this data to assess and improve our performance.

8.4. Archiving

Shire Equine captures a copy of our website regularly to archive data that may be of historical or statistical value and to use this data in the future for internal purposes or to allow trusted third parties such as our advertising consultants and web developers access to this data for research and development purposes. Occasionally this may include copies of Voluntary Data that you have provided on public areas of the platform. We will only ever capture personal data that has already been made publicly available in this way and for these purposes. Where possible, when the sites are archived we anonymise or remove personal data.

8.4.1 We periodically review the data that we keep in our archive and we will delete or anonymise your data held in the archive where we consider it is no longer of value or interest.

8.4.2 How we use anonymised data
We use aggregated and anonymised data for certain purposes, to help us understand what type of products, consumers like and to share with trusted third parties. When used for these purposes, this data does not enable you or any other individual user to be identified.

8.5 How do we use your data for marketing and advertising purposes?
This section sets out the various different types of marketing and advertising that we carry out and how your data is used for each type of activity.

8.5.1 Email marketing
8.5.1.1 We will use your email address to send you email marketing including our newsletter, information about new products and services, events and competitions where you have signed up to receive this from us.
8.5.1.2 You can opt out of receiving marketing emails at any time by either following the instructions to unsubscribe in any of our email marketing communications. It may take up to 48 hours for your change in preference to take effect and the change will not affect any marketing emails which have already been scheduled to be sent in the future.
8.5.1.3 If you opt out of email marketing, we will still need to send you service communications by email from time to time, such as information about changes to our products.

8.5.2 Targeted advertisements
If we build a Profile about you (as set out under the section 8.3.7 called Profiling) above, we will use this Profile to predict what products and services you will be interested in and to target advertisements for these types of products and services to you. These will only be our own products and services.

8.5.3 Promoting our services on other platforms
8.5.3.1 We also promote our own content and features via third party platforms, such as social media sites.
8.5.3.2 Our content might appear on third party sites based solely on your behaviours on these sites (for example, after liking our brand or its content on Facebook), or the behaviours of those within your networks for example, a friend within your Facebook network likes our brand or its content on Facebook, so it appears in your News Feed. These branded messages are controlled by the third party site, but you may be able to update your preferences to stop these messages appearing in future for example, you can customise your News Feed in Facebook via ‘News Feed Preferences’.

 

8.6 What is our legal basis for using your data?

8.6.1 Data protection law says that we have to tell you the legal basis that we rely on to process your personal data for the purposes that we have notified to you. This section tells you what that legal basis is in relation to each of the purposes set out above.

8.6.2 With the exception of email marketing, we process your personal data for all of the purposes identified under What do we use your data for? and How do we use your data for marketing and advertising purposes? above on the basis that it is in our legitimate interests, or the legitimate interests of third parties with whom we share your data, to carry out these activities. Further information about what those interests are is set out below.

Purpose: The Shire Equine Website and Products

Legitimate interests: To ensure that our users enjoy the best experience possible, to help us deliver our remit as a retailer of garden buildings and structures as well as equestrian bedding, leading to increased traffic and therefore increased investment to continually improve our users and customers experience.

Purpose: Improving our services
Legitimate interests: To make sure that we continue to improve our service and provide consumers with the best product and service available.

Purpose: Advertising
Legitimate interests: To provide advertising that is relevant to you to ensure that you have the best experience possible of using the Shire Equinewebsite and our products.

8.6.3 You have the right to object to us processing your personal data for the purposes set out above. Unless we can show that we have a compelling legitimate reason to continue processing your personal data, we will stop processing it.

8.6.4 In respect of the use of your email address for email marketing purposes, we process this on the basis that we have your consent to do so. You can withdraw your consent at any time by following the instructions to “unsubscribe” in any email marketing communications.

8.7 Freedom of information
8.7.1 We are required under the Freedom of Information Act 2000 to provide certain information in response to Freedom of Information requests. You can make a request by emailing hello@shireequine.co.uk or by using our website form. in order to respond to requests, we will need to collect your name, address, email address, phone number and information about your request, including any additional personal data you choose to share with us when you make your request. We will use this personal data to respond to your request and will retain it for administrative purposes in line with the section headed How long do we keep your data for? below.

8.8 Who do we share your data with?

8.8.1 We will not sell your data onto third parties.
8.8.2 We do need to share your personal data with some third parties in some circumstances. This includes where we use third party suppliers to perform various services for us. The third party suppliers we share your personal data with are as follows:
8.8.2.1 third party service providers e.g manufacturers and distributors who help us to manage and deliver our products and services
8.8.2.2 third party service providers who help us to manage the Shire Equine website

8.8.2.3 third party service providers who help with our advertising campaigns.
8.8.2.4 other service providers such as information security service providers who help us to manage our IT systems and ensure that they are secure; and
8.8.2.5 third party marketing and advertising agencies to ensure our marketing and advertising is delivered effectively in accordance with this Privacy Policy.

8.8.3 We will also share your personal data with third parties in the following circumstances:
8.8.3.1 where you have specifically consented to us sharing your data with a particular third party; and
8.8.3.2 where we are required or permitted to do so by law or to protect or enforce our rights or the rights of any third party.

8.8.4 We do not transfer or store your personal data outside the European Economic Area (EEA). If we do carry out any further transfers of your data outside the EEA, we will inform you and we will ensure that the recipient provides an adequate level of protection of your personal data.

8.8.5 You should also be aware that if you choose to share the Shire Equine website content on social media via the Facebook and Twitter share buttons on the Shire Equine website, the relevant social media platform will know what page you are on in order to share that page. The use of that information will be governed by the social media platform’s own privacy policy and clicking the “share” buttons does not result in any other personal data being shared between the Shire Equine website and the platform.

 

8.9 How long do we keep your data for? 

8.9.1 We will keep all your personal data for as long as your Shire Equine website account remains open. You can close your account at any time using the “Close account” section of your Account Settings. If you do this, we will anonymise all your Account Data as soon as we can after you have closed your account. All other information about you, such as Behavioural Data, will also be fully anonymised.

8.9.2 We may need to keep your data after account closure for limited purposes, for example if we need your data in order to respond to any complaints or claims that you make. If this is the case, we will only keep the data for as long as we need to in order to fulfil those purposes.

8.10 What rights do you have?
8.10.1 (updated 07.09.18) You have a number of rights under data protection law. These rights and how you can exercise them are set out in this section. We will normally need to ask you for proof of your identity before we can respond to a request to exercise any of the rights in this section and we may need to ask you for more information, for example to help us to locate the personal data that your request relates to. An administration fee of £10 will be charged before we respond to a request to exercise any of your rights under data protection law.

8.10.2 Upon payment of the administration fee, we will respond to any requests to exercise your rights as soon as we can and in any event within one month of receiving your request and any necessary proof of identity or further information. If your request is particularly difficult or complex, or if you have made a large volume of requests, we may take up to three months to respond. If this is the case we will let you know as soon as we can and explain why we need to take longer to respond.

8.10.3 A right to access your information
8.10.3.1 You can access all of your Account Data through the “Personal details” section of your Account Settings.
8.10.3.2 You also have a right to ask us to send you a copy of your Account Data and all other personal data that we hold about you (subject to some exceptions). A request to exercise this right is called a “subject access request” and must be made in writing to: hello@shireequine.co.uk or to: Data Protection, Shire Equine, Unit 1 Brigstock Road, Wisbech, Cambs, PE133JJ.

8.10.4 A right to object to us processing your information
8.10.4.1 You have a right to object to us processing any personal data that we process where we are relying on legitimate interests as the legal basis of our processing. This includes all of your personal data that we process for all of the purposes set out in this Privacy Policy, with the exception of our use of your email address to send you marketing communications with your consent (but you can withdraw your consent to this at any time).
8.10.4.2 If we have compelling legitimate grounds to carry on processing your personal data, we will be able to continue to do so. Otherwise, we will cease processing your personal data.
8.10.4.3 You can exercise this right by emailing hello@shireequine.co.uk

8.10.5 A right to ask us not to market to you
8.10.5.1 You can ask us not to send you direct marketing or advertising. You can do this by opting out of the advertising you no longer want to receive in the “My communications” and “Privacy settings” sections of your Account Settings. In relation to email marketing, you can also opt out by using the “unsubscribe” option in any of our email marketing communications.
8.10.5.2 Please note that it can take a short time for opt-out requests to take effect. The time taken to opt out of each type of marketing and advertising is detailed at How do we use your data for marketing and advertising purposes? above.
8.10.5.3 More information about opting out of marketing and advertising is provided at How do we use your data for marketing and advertising purposes? above.

8.10.6 A right to have inaccurate data corrected
8.10.6.1 You have a right to ask us to correct inaccurate data that we hold about you. If we are satisfied that the new data you have provided is accurate, we will correct your personal data as soon as possible.
8.10.6.2 You can update your own personal data at any time through your Account Settings, or emailing hello@shireequine.co.uk

 

8.10.7 A right to have your data erased

8.10.7.1 You have a right to ask us to delete your personal data in certain circumstances, for example if we have processed your data unlawfully or if we no longer need the data for the purposes set out in this Privacy Policy.

8.10.7.2 We will fully anonymise any personal data we hold about you when you close your account, as set out under How long do we keep your data for? above. This means that it will no longer identify you and ceases to be “personal data”.
8.10.7.3 If you ask us to delete your personal data and you are happy for your account to be closed, we will close your account and fully anonymise your personal data as set out above. If you ask us to delete your personal data but you do not want your account closed, we may not be able or obliged to comply with this as we will usually need to keep processing your data in a personally identifiable form to keep your account open.
8.10.7.4 If you would like to make a request to exercise this right, please email hello@shireequine.co.uk. If we are required by law to comply with your request, we will fully anonymise your data it so that it is no longer personal data and cannot be used to identify you.

8.10.7.5 A right to have processing of your data restricted
8.10.7.6 You can ask us to restrict processing of your personal data in some circumstances, for example if you think the personal data is inaccurate and we need to verify its accuracy, or if we no longer need the data but you require us to keep it so that you can exercise your own legal rights.
8.10.7.7 Restricting your personal data means that we only store your personal data and don’t carry out any further processing on it unless you consent or we need to process the data to exercise a legal claim or to protect a third party or the public.

8.11 How can you contact us?
11.1 If you have any questions or concerns about this Privacy Policy and/or our processing of your personal data, you can get in touch with our Data Protection Officer using: hello@shireequine.co.uk

8.12 What if you have a complaint?
8.12.1 You have a right to complain to the Information Commissioner’s Officer (ICO), which regulates data protection compliance in the UK, if you are unhappy with how we have processed your personal data.
8.12.2 You can find out how to do this by visiting www.ico.org.uk.

8.13 What if this policy changes?
8.13.1 We may make changes to this Privacy Policy from time to time. Any changes we make will be posted on this page. We may also notify you by email if significant changes are made.

 

8.14 Privacy Policy pre 25 May 2018

Your right to privacy is very important to us at Shire Equine and we treat it very seriously. We recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner and we will do all we can to make you feel comfortable about using our site and protecting your privacy.

Shire Equine is committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your Personal Details or any queries with regard to our processing please email our Customer Care Team at hello@shireequine.co.uk or telephone 01945425230 between 9am and 5pm (Monday – Friday) Please note emails will receive priority over telephone messages and we endeavour to answer all queries within 24 working hours.

We store the contract’s content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.

We will treat all your Personal Details as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation.

We pledge that we will not release your Personal Details to any company outside Shire Equine for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details and / or User Information, we are entitled to do so.

When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our Newsletter list to receive notice of promotions, special offers and new lines on the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email you receive from us.

  1. Proof of Indentity

Where a customer makes payment by credit card or debit card and does not use the 3d secure card validation; if the cardholder’s address does not match the billing address given and or where the delivery address is different to the cardholder’s address, you authoriseus to check and search credit reference files, electoral roll, telephone directory including ex-directory, sanctions and peps, mortality database and passport and driving licence algorithms, so we can verify the identity of the person making the transaction.

  1. Our Rights

All rights, including copyright, in this website are owned by or licensed to shireequine.co.ukTherefore you (also you agree not to assist or facilitate any third party) cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use.

Shire Equinereserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. Whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

And/or

Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

  1. Third Party Links

To provide further value to our customers, we provide links to other websites and services for you to access at your sole discretion. Shire Equine do not vet these websites, are not responsible or liable, directly, or indirectly and do not have any control over their contents. Shire Equinecannot accept any liability in respect of the use of these websites.

  1. Price

Where it is not possible to accept your order to buy goods of the specification and description at the price agreed, we will advise you and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

  1. Order Process

Please refer to the ‘How to Shop at Shire Equine?’page for information on how to place an order. All orders that you place will be subject to acceptance in accordance with these Terms and Conditions.

When you register withShire Equineyou can subscribe to our newsletter. You will receive information from Shire Equine by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you untick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word ‘unsubscribe’ in the subject line. Alternatively, you can e-mail us at hello@shireequine.co.ukor by telephoning our customer care team on 01945425230 between 9am and 5pm (Monday – Friday).Please note emails will receive priority over telephone messages.

All items are subject to availability. We will inform you as soon as possible if the goods

It is the responsibility of ‘The Customer’ to notify any access concerns to ‘The Company’ at point of order.

All products are sold and supplied for self-assembly only by ‘The Customer’, unless otherwise stated.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the ?Terms and Conditions section below

Non-acceptance of an order may be a result of:

Out of stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
You do not meet the eligibility to order criteria.
The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.

  1. Order Cancellation

14.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items. Refer to section 15).

14.2 Should you wish to cancel your order, you must notify us in writing by any durable medium (for example letter sent by post, or e-mail to hello@shireequine.co.uk)

14.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our nominated address at your own cost and risk as soon as possible.

14.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum agreed as due to you by the method that you paid for your order ie from your credit or debit card or paypal or cheque or bank transfer within 14 calendar days.

14.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary or excessive handling by you (for example using or assembling the goods prior to cancellation). Such a deduction will be made once the goods have been inspected on return to warehouse.

If you wish to cancel your contract prior to your order being despatched or if your order has already been despatched, please follow the procedure set out in our ‘Returns and Refunds? section.

  1. Description and Accuracy of Content

Shire Equinetake all reasonable care in the preparation of the content of this website, in particular to ensure that details, descriptions and prices of products on this website are correct at time of publishing and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy within the Order Process section of the Terms and Conditions.

Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this website. We have made every effort to display as accurately as possible the colours of our products that appear on the website. The actual colours you see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.

To the extent permitted by applicable law, Shire Equine disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. All sizes quoted are approximate. Shire Equine shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

  1. Late Payment

We, the company, reserve the right to commence legal proceedings to recover any outstanding monies due to us. You agree to pay all legal and debt recovery costs should such proceedings be commenced.

You will be given reasonable warning of an intention to commence legal proceedings in writing; by post and by email.

  1. Delivery

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

It is important that this address is accurate.

Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.

It is the duty of ‘The Customer’ to make themselves available to be contacted prior to delivery. Should ‘The Company’ or its chosen agent is unable to contact ‘The Customer’ the delivery of the order will be adversely affected. Non-branded fencing products can be left without ‘The Customer’ being present on the day of delivery either by prior arrangement with ‘The Company’ or by ‘The Customer’ leaving a signed note for the delivery driver on the day of delivery.

Risk of loss and damage of products passes to you on the date when the products are delivered on or on the date of first attempted delivery by us.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) whatsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated in the Terms and Conditions. For more information about deliveries, please refer to our ‘Delivery’ section

‘The Company’ is not liable for delivery delays or failures caused by factors outside of ‘The Company’ control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness.

  1. Inspection of goods, Shortages and Damages

‘The Customer’ shall inspect the goods and notify ‘The Company’ within 14 (fourteen) days after the day of receipt of any shortages or damage to the said goods. Failure to report damagesmay result in a charge to you for anything further required.

You must inspect and check all parts of the delivery prior to use.

Any incorrect items, shortages or damaged products must be reported with detail in writing to ‘The Company’ address, or by email to hello@shireequine.co.uk.

We reserve the right to request digital photographs to be supplied to Shire Equinefor damaged products and the customer must do all they reasonably can to supply these.

Upon approved claims within the period defined, the manufacturer will forward the replacement items free of charge usually within 5 to 10 working days, subject to stock level.

Guarantee claims made by ‘The Customer’ after the period as defined, shall only be considered at the discretion of the manufacturer and not ‘The Company’.

All statements made relating to guarantee periods are to be honoured by the relative manufacturer. ‘The Company’ shall assist with any guarantee claim but shall not bear responsibility.

We reserve the right to decline any replacement request should damage or miss-use of the product have occurred upon ‘The Customer’ property or during unpackaging.

‘The Company’ will not be liable for any costs incurred by ‘The Customer’, should they fail to inspect and satisfy themselves that the product is sound and complete prior to assembly.

  1. Risk and Ownership

Once the goods are delivered to you; you owe a duty of care to look after those goods. If the goods are subsequently lost or stolen, Shire Equinewill not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits, expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non-delivery or incomplete delivery of goods ordered from Shire Equine.

You will only own the goods once they have been successfully delivered and paid for in full.

  1. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the items are manufactured or to cancel your order.

26 Safety

The goods that will be delivered to you are heavy and bulky and all and any handling of the goods after delivery is at your own risk. You should ensure that you have proper equipment to carry out the lifting and distribution of the products. Further, plastic is used to wrap the bales and pallets thus you should ensure that no animals or children are in the vicinity of the goods when opened and distributed. The plastic should be handled and disposed of appropriately to ensure no risk to your safety.

  1. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

  1. Indemnity

Any disclaimers and exclusions of liability in these Terms & Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Shire Equine or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal details.

We pledge that we will not release your Personal Information to any company outside Shire Equinefor mailing or marketing purposes.

  1. Liability

31.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

31.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

31.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.