Terms of Service
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.
- 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.
- We endeavour to dispatch all orders placed by 12 noon Western Australian time on the same business day. However, please allow up to 3 business days for us to process and dispatch your order; and 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 cannot be cancelled. Should you wish to cancel an order then such a request will only be considered if in writing. We have the sole discretion to determine whether or not the cancellation is accepted.
- 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.
- All prices quoted by us are in Australian dollars inclusive of tax.
- 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.
- 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 Australian 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 under section 64A of the Australian Consumer Law 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, subject to the terms of section 276A of the Australian Consumer Law, 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.
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.
- 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.
- 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.
- 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 Australian Consumer Law).
- 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).
- 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.
- We may vary our terms and conditions from time to time. Your continued use of our website after any such variation constitutes your acceptance of those varied terms.
- 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.
- 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 Australian Consumer Law by any competent authority or the Courts will be severed from this document and/or these terms and conditions.
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.
Our group companies include Hammersmith Nominees Pty Ltd T/as Saddlery Brands International, PO Box 153, Perth, WA 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 email@example.com or by calling us on +61 8 9492 6454 during Western Australian business hours. If you need to you can write to us at Wintec Saddles, 430 Newcastle Street, West Perth, WA, Australia 6005.