Terms of service and sale

This page sets out the terms and conditions on which we sell products to you. Please ensure you have read these terms and conditions carefully prior to ordering our products.

Please note that your use of our website and any order of our products constitutes your agreement to be bound by these terms and conditions.

Country-specific terms apply depending on where you are ordering from. These are set out at the end of this page under additional terms for Australia and additional terms for the United States. Where a country-specific term conflicts with anything above it, the country-specific term applies.

Orders

  • Your order represents an offer to us to purchase a product. Once we have accepted your order you will be sent a confirmation email. If you have ordered multiple products at one time, we may confirm our acceptance of each ordered item separately and in that case, each confirmation email will amount to a separate order contract. We shall, under no circumstances, be held liable for any special losses due to specific circumstances of you, indirect or consequential losses or wasted expenditure.
  • Orders are placed and received exclusively via the internet and processed by us. Before ordering from us, it is your responsibility to check and determine your full ability to receive the products. Correct address and postcode, telephone number and e-mail address are absolutely necessary to ensure successful delivery of your products. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of incorrect or incomplete delivery information.
  • The price of shipping will be quoted at the time of your order.
  • Only one discount or offer may be applied per order (no discount stacking). Application or auto-application of more than one discount or offer, will not work or will result in an error message.
  • We endeavour to dispatch all orders by the next business day. Please then allow 5-7 business days after dispatch for delivery of your order.
  • The above quotations of delivery times are made in good faith but as estimates only and not commitments. We shall not be bound by any such estimate. In peak periods, such as holidays, it may take longer to get your order to you but we will work to process your order and deliver it to you as soon as possible.
  • If your order is damaged, delayed, or lost prior to delivery we will send out a replacement or issue a full refund. If an item is re-sent by us, it will be sent using the same shipping method as originally selected by you.
  • Once an order has been accepted by us, the order will be sent straight to our warehouse and therefore cannot be cancelled or changed. If you change your mind after that point, please see our refund policy, which sets out how to return your order to us for a refund.
  • All orders are subject to the availability of stock and we reserve the right to cancel an order at any time. If we do this we will immediately notify you using the email or phone number provided and provide a full refund of all monies paid using the same payment method and details.
  • Orders for retail customers and resale are not permitted. Please contact us if you are interested in opening a trade account.

Payment

  • All prices quoted by us on our .com.au website are in Australian dollars inclusive of tax, or on our .us website are in US dollars exclusive of tax, US sales tax will be added at checkout on all orders. 
  • We use credit card which is a safe and secure payment method. The sale will be submitted for processing as soon as you click the "confirm" button and your nominated means of payment will be immediately charged the whole amount (including shipping).
  • When you place an order with us you are confirming that you are authorised and legally entitled to use the means of payment provided, and in the case of card based transactions, that you are either the card holder or you have the card holder's express permission to use the card.
  • We are entitled to refuse to process or suspend a transaction for any reason in our sole discretion. If we refuse to process or suspend a transaction we are not liable to you or any third party by reason of that refusal or suspension.

Discounts, sales and special offers

  • Valid on online purchases only. To redeem online enter the valid discount code during checkout, and the prices will be adjusted.
  • Postage does not qualify toward minimum purchase amount (if required).
  • Not redeemable for cash, or valid on previous purchases.
  • May not be combined with any other coupons, discounts, offers, or promotions. Discount codes and special offers do not compound. Only one code or offer is able to be utilised per transaction.
  • Valid on in-stock items only. No rain checks issued.
  • While stocks last, no substitutions possible.
  • Not valid toward previous purchases.

Products

  • We will always endeavour to provide you with accurate representations of our designs through photographs and use our best efforts to provide you with the best images and description. However, we cannot guarantee that colours and details in our website images are 100% accurate representations of the products you are ordering.
  • It is normal for colour variations to occur and no two products will ever be identical. The actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will be accurate.
  • We are continually developing our existing products along with new products to provide you with the best design combined with best performance, and reserve the right to amend the specifications of our products, their price, packaging and any service associated at any time, without prior notice.

Warranty and refund policy

Our Wintec Saddles warranty information is outlined under warranty, located here on our website, and our refund policy is available here.

We acknowledge that the consumer law and other laws may imply conditions or warranties in certain contracts and also give parties to those contracts certain other rights against suppliers of goods and services. To the extent such conditions, warranties or other rights are implied or given in respect of this agreement and it is not lawful or possible to exclude them, then such conditions, warranties or other rights shall (but only to the extent required by law) apply to this agreement and all other conditions, warranties or rights which might but for this provision be implied are hereby expressly excluded. Where the law implies any term or warranty into these terms and conditions which cannot be excluded, then our liability to you for any breach of such term will be limited in the manner permitted to one of the following (as the Company may determine):

in the case of goods supplied, to any one or more of the following:

  • replacement of the goods or the supply of equivalent goods;
  • repair of the goods;
  • payment of the cost of replacing the goods or of acquiring equivalent goods;
  • payment of the cost of having the goods repaired; and

in the case of services supplied, to any one or more of the following;

  • supply of the services again; or
  • payment of the cost of having the services supplied again;

in the event that the Company (as a deemed "manufacturer") has a liability to you (as a "Company") then such liability is limited to a liability to pay to you an amount equal to whichever is the lesser of the cost of:

  • replacing the goods;
  • obtaining equivalent services; or
  • having the goods repaired.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Site contents and use

  • Unless otherwise noted, all materials including images, illustrations, designs, icons, photographs, video clips, and texts that appear as part of our site are protected by copyright owned, controlled, or licensed by us or our affiliates. Our site as a whole is protected by copyright and intellectual property and we own all worldwide rights, titles and interests in and to the site.
  • The contents of our site is intended solely for personal, non-commercial use (other than for the purchase of merchandise from us). You may download or copy the contents and other downloadable materials displayed on our site for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the contents or the site.
  • If our website contains links to third party sites or content, we have no control over those sites or their content and take no responsibility for any loss or damage suffered by you out of your use or access to a third party site.
  • We accept no responsibility if there is no ongoing, uninterrupted, or fault-free access to our site for any reason whatsoever outside of our control.

Communications

  • If we are required by law to communicate with you in writing this will occur by email. If you are using our site, you accept that communication with us will be mainly electronic and by us sending you e-mails or posting notices on our website. Further, you agree to electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
  • If you submit any comments, feedback, suggestions, or other communications to us via our site or email they become our property and shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property free of charge. This does not apply to reviews or other assessments of us or our products that you publish or provide, which remain yours, and nothing in these terms and conditions restricts your ability to review our products honestly.
  • You agree that any comments, feedback, suggestions, or other communications made by you to us do not infringe on any third party, including trademark, copyright, privacy, or any other personal or proprietary right. You also agree that any comments, feedback, suggestions, or other communications will be lawful and will not be libellous, abusive, obscene, defamatory, or in any other way unlawful.

Disclaimers

  • Our site and all contents of our site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose (except to the extent that such warranties cannot be excluded under the relevant consumer law). This paragraph applies to our website and its contents, and does not apply to the products we sell you.
  • You acknowledge and agree that your use of the site is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that we shall not be liable for any damages of any kind related to your use of this site.
  • If any information on our site contains any typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, and availability we reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Indemnity

  • You agree to indemnify and keep us held harmless from and against any losses, costs (including but not limited to legal costs on a full indemnity basis), or damages of whatsoever nature incurred by us as a result of your failing to pay us any monies owed to us or as a result of the failure or default of you in the performance of your obligations in these terms and conditions or under any other agreement between us or any of our other policies.

General

  • We may vary our terms and conditions from time to time. Any variation will apply to orders placed after the varied terms are published on our website, and will not change the terms that applied to an order you have already placed.
  • No right under these terms and conditions will be deemed to be waived except by notice in writing signed by the waiving party. Any failure by a party to enforce any clause of these terms and conditions, or any forbearance, delay, or indulgence granted by a party to the other party, will not be construed as a waiver of the first-mentioned party's rights under these terms and conditions.
  • The parties agree to be bound by the laws of Western Australia and agree to submit to the jurisdiction of the Courts of Perth, Western Australia and agree to waive any right to object to any proceedings being brought in those Courts, subject to the additional terms for the United States below.
  • If any part of these terms and conditions becomes void or unenforceable then that part shall be severed to the extent that all parts that are not void or unenforceable shall remain in full force and effect. If this document and/or these terms and conditions are held to be a standard form small business contract then any clause or term which is deemed to be unfair pursuant to the relevant consumer law by any competent authority or the Courts will be severed from this document and/or these terms and conditions.
  • We have procedures in place that cover the collection, use and disclosure of personal information that we may receive from our customers. This information is needed to process the requirements of our customers and is used for internal purposes. Our privacy policy can be read here.

Who we are and how you can contact us

We are Wintec Saddles, a worldwide brand owned by Hammersmith Nominees Pty Ltd (ABN 41 008 829 392), an Australian company. Hammersmith Nominees Pty Ltd is the seller for all orders placed through our websites, wherever you are located.

Our group companies include Hammersmith Nominees Pty Ltd T/as Saddlery Brands International, PO Box 153, Perth, Western Australia 6858 (AUSTRALIA), Saddlery Brands International (Australia), Saddlery Brands International USA LLC (USA) and Saddlery Brands International UK Limited (UK).

You can contact us by email at hello@wintec-saddles.com. If you need to you can write to us at Wintec Saddles, 430 Newcastle Street, West Perth, Western Australia, Australia 6005.

Additional terms for Australia

These terms apply if you are ordering from Australia.

References in these terms and conditions to the consumer law mean the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The limitations set out in the warranty and refund policy section above apply only to the extent permitted by section 64A of the Australian Consumer Law. Where we have a liability to you as a deemed manufacturer, that liability is limited in the manner permitted by section 276A of the Australian Consumer Law.

The Privacy Act 1988 (Cth) requires us to have procedures in place that cover the collection, use and disclosure of personal information that we may receive from our customers.

Prices on our .com.au website are in Australian dollars and include GST.

Additional terms for the United States

These terms apply if you are ordering from the United States.

Your warranty. The Wintec Saddles warranty described on our website is a limited warranty for the purposes of the Magnuson-Moss Warranty Act.

Implied warranties. Where we provide you with a written warranty on a product, we do not disclaim the implied warranties that apply to that product. Any implied warranty on that product is limited in duration to the period of the applicable written warranty. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Dispatch, delay and cancellation. We dispatch orders by the next business day. If we are unable to dispatch your order within that time, or within 30 days of your order, we will contact you and you may cancel your order for a full refund. Where we owe you a refund, we will issue it within seven working days, or within one billing cycle where you paid by credit card.

Returns and refunds. Our refund policy is set out on our returns and refunds page. Nothing in these terms and conditions limits any additional rights you may have under the law of your state.

Reviews. Nothing in these terms and conditions requires you to assign to us any rights in a review or other honest assessment of us or our products, or restricts you from publishing one.

Sales tax. Prices on our .us website are in US dollars and exclude sales tax. Where we are required to collect sales tax, it will be calculated and added at checkout.

Governing law. While these terms and conditions are governed by the laws of Western Australia, Australia, nothing in them removes any right you may have to bring proceedings in the courts of your own state, or affects any rights you have under the law of your state that cannot be waived by agreement.

Privacy. Depending on your state, you may have rights over the personal information we hold about you. These are set out in our privacy policy.

Who you are contracting with. Your order is with Hammersmith Nominees Pty Ltd, an Australian company. Saddlery Brands International USA LLC is a group company of Hammersmith Nominees Pty Ltd.