TERMS & CONDITIONS
The Parties
The website www.equinequality.com (“EQ Website”) is a marketing portal through which products and services can be ordered and, unless you are expressly advised otherwise, the supplier is CPL Global Ltd (the “Supplier”). EQ is a trading name of the Supplier.
The Supplier is registered in England and its registered office is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, under company registration number 04532450.
Where the word “we” or “us” is used in these terms, it shall be understood as meaning “the Supplier”. Where the word “you” is used in these terms, it shall be understood as meaning the consumer or customer.
Governing Terms
Subject to and without prejudice to the remainder of these terms and conditions, these terms and conditions apply to all orders placed by you, either online, in person, by e-mail, telephone or fax. These terms supersede any prior written or oral agreements, representations or understandings between them relating to such subject matter.
THESE TERMS AND CONDITIONS NEITHER GOVERN NOR RELATE IN ANY WAY WHATSOVER TO THE SALE OF ANY HORSEBOX OR OTHER PRODUCT OR SERVICE ADVERTISED ON THE EQ WEBSITE. ANY TERMS AND CONDITIONS WHICH MAY EXPRESSLY OR IMPLIED CORRESPOND TO THE SALE OF ANY HORSEBOX OR OTHER PRODUCT OR SERVICE WILL BE CONTAINED IN A SEPARATE AND INDEPENDENT SALE CONTRACT WHICH SHALL BE AGREED BETWEEN THE BUYER AND SELLER. THE SUPPLIER IS EXCLUDED FROM ALL LIABILITY FOR ANY LOSS WHATSOVER AND HOWSOEVER CAUSED AS A RESULT OF ANY TRANSACTION WHICH MAY TAKE PLACE AS A RESULT OF ANY HORSEBOX OR OTHER PRODUCT OR SERVICE BEING ADVERTISED VIA THE EQ WEBSITE.
1. Acceptance of Terms
By placing an order via the EQ Website you are deemed to have accepted these terms and conditions. Please read the terms very carefully as they will form the terms of a legal and binding contract which you will be entering and you will be bound by.
2. Representation of Products
We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order. Please note that product sizes, weights, colours and specifications and measurements are approximate. We reserve the right to withdraw any item from sale without notice.
3. The Contract
If you are ordering any product which will be supplied by the Supplier this clause will apply without prejudice to the remainder of these terms. We are not obliged to supply any other products which may have been part of your order which we are not able to supply. If we do not accept all or part of your order, we will not be obliged to supply any (other) products which may have been part of your order and will inform you that the order will not be fulfilled and will either arrange a full refund for that element of your order or will not charge you for any product which you will not receive. All Contracts, Sales Orders and Quotations that are signed by the customer (either through the online system, or in person) are final and non-cancellable unless specifically agreed in writing by us.
4. Consumer Rights
If you are contracting as a consumer, you may, subject to the terms of our "Deposits & Returns Policy" set out below and without prejudice to clause 5 marked “Faulty Products” cancel a Contract at any time within 7 working days, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products subject to our Refunds Policy set out below. If you want to cancel the Contract you must inform us in writing. You must also return the products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation we may have right of action against you for compensation. All terms corresponding to any product which is not supplied by the Supplier will be determined by those terms agreed between you and the corresponding supplier.
5. Faulty Products
Subject to and without prejudice to any individual terms agreed with regards to any custom built or bespoke products and or any horseboxes, in the event that any product supplied by the Supplier is “faulty” you must return the product to us within 30 days of receipt (the “Initial Period”) and further to inspection by us and confirmation of the fault we will refund you in full for both the product and any associated reasonable delivery and return costs. If the product becomes “faulty” outside of the Initial Period but within 6 calendar months of the initial delivery (the ”Repair Period”) you will be entitled to return the product and the Supplier will be entitled to either replace or to repair the product. In the event that the product cannot be replaced or repaired following one attempt to repair then you will be entitled to either a price reduction or refund which will be calculated in accordance with both the use of the product up until it became “faulty” and/or any depreciation which has incurred since the date of purchase. In the event that any product is not supplied by the Supplier, all terms corresponding to that product will be agreed between you and the corresponding supplier.
6. EQ Apparel Returns Policy
For EQ Apparel products only, you may, within 7 working days of the receipt of your order, return for whatever reason any item on the condition that the product is in an unused, original condition and thereby will be entitled to a refund of the cost of the product (excluding postage & packaging). In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy set out below. Some of our products may be fragile and every care will be taken to deliver the goods safely, In the event of any products being damaged in transit we will replace the damaged goods. If you wish to return any items (damaged or otherwise), you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. The return package, including written details of the reason for return, must be sent to the following address: Returns of Products, Lynx Barn, School Lane, Hadlow Down, East Sussex, TN22 4JE
7. Deposits & Refund Policy
Refunds only apply to EQ Apparel products. If you return EQ Apparel products in accordance with the terms of our Returns Policy, we will process any refund due to you as soon as possible and, in any case, within 30 days of receiving the returned items. In this case, we will refund the price of the product in full, excluding the original delivery charges. However, you will be responsible for returning the item to us in its original condition and all postal costs or other costs incurred when returning the products. For any signed sales order, the requisite stage payment or payment in full as shown on the sales order must be received within 7 days of the order date (unless otherwise agreed in writing). Should for any reason the customer fail to pay for the products as set out on the sales order, then any deposits paid shall be retained by the Supplier. Deposits for horseboxes, horses or treadmills are non-refundable.
8. Prices and Payment
Prices are those which are published on the Supplier’s website at the time of order. For the avoidance of doubt, any prices published on the Supplier’s website which do not correspond to a product supplied by the Supplier do not bind the Supplier to any legal obligation under those prices and the Supplier merely provides the EQ Website as be a forum upon which other suppliers advertise their prices. All payments made via the Supplier’s website will be processed through “Paypal” and so, without prejudice, to the remainder of these terms any security as to your personal details will lie with “Paypal” and the Supplier will not be liable for retaining your personal details or any loss to you which may arise further to you providing Paypal with any personal details, credit card details, your bank details or any such details which may cause you any loss whatsoever. Full payment will be taken prior to despatch of the Products. In the event of any non-authorisation of payment by your card issuer you will receive notification that your order will not be processed. We do not accept liability for any losses or costs incurred or sustained by customers who transmit credit or debit card information. (Subject to our Security Policy below). All prices are inclusive of VAT (where applicable) at the current rate. By completing the process for an on-line order you are confirming that the credit/debit card being used for the transaction(s) is yours. All credit/debit cardholders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will notify you that the Contract is not created and will not be liable for either any delay or any non-delivery as a result of any decision by any credit or debtor card business to refuse to authorise any payment by you to us.
9. Warranty & Refunds for Horseboxes & Treadmills
No horsebox or treadmill supplied shall include any warranty unless specifically stated in the contract of sale and/or invoice. No refunds shall be given for any horsebox or treadmill unless specifically stated in the contract of sale and/or invoice.
10. Delivery
Delivery will be made by either post or courier within the time frame specified in the Shipping Confirmation (subject to any events that are beyond our reasonable control). Delivery will be made in accordance with the procedures employed by our shipping Company. The date of delivery will be the first attempt to deliver the Products. If no one is available at the address when the delivery is attempted the products will be retained by the shipper. The shipper will, where possible and/or practicable leave notification of any attempted delivery and customers can telephone to re-arrange delivery at a later time and/or follow any redelivery and/or collection instructions left by the Shipper. We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract with you that is caused by events outside our reasonable control. We will use our reasonable endeavours to notify you if such an event occurs.
11. Termination
Subject to and without prejudice to any individual terms agreed with regards to any services provided, custom built or bespoke products and or any horseboxes, the terms of termination shall be defined in the specific agreement for the service or product purchased. However, any notification of termination shall be in writing by e-mail or by post to our contact address as specified in Clause 16 of these terms.
12. Risk and Title
The products will be at your risk from the time that the products are in your possession.
13. Intellectual Property & Branding
No permission is given by the Supplier in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with our website in which intellectual property rights subsist. All EQ built vehicles shall be affixed with EQ branding, specifically EQ logos in prominent and wholly visible areas of the vehicle and not obscured in any way. The customer agrees not to deface or remove these at any time.
14. Third Party Products
The Supplier may act as a reseller for third party products which may be advertised on the EQ Website. The Supplier will not be liable in any way whatsoever in respect of any such product which you may then purchase.
15. CPL Global Limited – Photography Services
The Supplier will advertise its photography services (the “Photography Services”) through the EQ Website however, for the avoidance of doubt, these terms and conditions do not apply to any contract for the supply of the Photography Services. Any contract for the supply of the Photography Services will be formed by way of a separate agreement between you and the Supplier.
16. Governing Law
These terms and conditions shall be governed by and construed in accordance with English Law and all parties shall submit to the exclusive jurisdiction of the English Courts.
17. Contact Details
If you have any queries regarding the EQ Website, any product or service provided by the Supplier or to advise us of any request for termination, please contact us at the following address:
CPL Global Ltd t/a EQ, Lynx Barn, School Lane, Hadlow Down, East Sussex, TN22 4JE. Tel: 01825 831 931 or e-mail: info@equinequality.com
18. Limitation of Liability
The Supplier shall not be liable to pay any compensation to you, other than any refund as outlined above. In particular, but without limitation, the Supplier shall not be liable to you for loss of profit, damage to goodwill, any indirect or consequential loss or damage arising out of any damage, defect, negligence or other failing on our part howsoever caused. The Supplier’s liability for losses you suffer as a result of us breaking this agreement or any other duty owed to you (if any) is strictly limited to the purchase price of the product less depreciation of said product.
THE SUPPLIER SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITIES THAT MAY BE INCURRED BY YOU IN THE USE OF ANY PRODUCTS INCLUDING BUT NOT LIMITED THE MIS-USE OF THE PRODUCTS OR FAILURE TO ADHERE TO THE MANUFACTURERS RECOMMENDED APPLICATION, STORAGE OR USAGE INSTRUCTIONS.
Nothing in these terms shall limit any rights you may have as a consumer which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict our liability to you for any death or personal injury resulting from our negligence.
19. Security Policy
The Supplier takes your online security very seriously. When you place your order, you are offered the use of an secure server, which encrypts all the information you input before it is sent to us using SSL (Secure Sockets Layer) technology. Credit card numbers are encrypted both before an order is processed and when stored on the Supplier’s database. The Supplier will comply with the requirements of the UK Data Protection Act 1998 to ensure that your personal information is processed fairly and lawfully and the Supplier will take appropriate precautions to keep your personal data secure. To check the security of the EQ Website, simply look in the lower bar of your browser when you fill in your payment details. You will see an unbroken key or closed lock, showing that encryption is active and your information is secure. For security reasons, the Supplier strongly recommend that you do not send credit card numbers by standard email but use the secure facility provided on the EQ Website where applicable.
20. Privacy Policy
Our Privacy Policy is available on the 'Privacy' link at the footer of our website.
21. Indemnity
You agree fully to indemnify, defend and hold the Supplier, 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 terms and conditions by you or any other liabilities arising out of your use of the suppliers products.
22. Our Rights
We reserve the right to modify or withdraw, temporarily or permanently, this website (or 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 the website; and/or change the terms and 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 terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.
23. Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part or our non-compliance with the Data Protection Act 1998 we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
24. Refusal of Transaction
The Supplier reserves the right to withdraw any products from this website at any time and/or remove or edit any materials or content of this website. The Supplier will not be liable to you or any third party by reason of our withdrawing any product from this 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. The Supplier may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.