Terms & Conditions and Privacy Policy
Terms of Business
Please read all these terms and conditions (and separate Privacy Policy)
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just contact us at SES Saddlery Ltd on 07971844741 or in writing to SES Saddlery Ltd, Southlea House, Blounts Court Road, Peppard Common, Henley-on-Thames. RG9 5EU
Your Statutory Rights are not affected by any of the following Terms and Conditions.
Application
1. These Terms and Conditions will apply to the purchases of the services and goods by you, the Customer.
2. These are the terms on which we sell all Services to you. By ordering any of the Services or Goods, you agree to be bound by these Terms and Conditions and Privacy Policy.
Interpretation
3. Consumer means an individual acting for the purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
7. Order means the Customer’s order for the services from the Supplier as set out;
8. Service means the service, including any Goods, of the number and description set out in the Order.
Services
9. The description of the Services and any Goods is set out on our website or by email/text/message/phone conversation/face to face or any other form of advertisement.
10. In the case of Services and any Goods made to your special requirements (bespoke/made to measure), it is your responsibility to ensure that any information or specification you provide is accurate.
11. All Services are subject to availability.
12. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes if a contract has already been entered into.
Customer responsibilities
13. You must co-operate with us in all matters relating to the Service.
14. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
15. The description of the Service and any Goods on our website other form of advertisement does not constitute contractual offer to sell the Service or Goods.
16. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
17. A Contract will be formed for the Services ordered only upon the Supplier’s delivery to the Customer.
18. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 21 days from its date, unless we expressly withdraw it at an earlier time.
19. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
20. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Suppliers business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you have different rights under The Consumer Rights Act 2015, giving you cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis, or in the case of moveable retail premises, on a usual basis.
21. In accordance with the Consumer Rights Act 2015, you have a fourteen day ‘cooling off’ period for all orders placed away from the Business premises, with the exception of bespoke/made to template items which are exempt.
Fees and Payments
22. The Fees for the Services, the price of any Goods (if not included in the Fees) and any additional delivery/travel or other charges is that set out in our price list current at the date of the Order or such other prices as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges are VAT applicable.
24. Payment for Services must be made, You may pay by cash, card or internet transfer with your Order and we can take the payment in part/full immediately or otherwise before delivery of the Services. WE no longer accept cheques.
25. A 50% non-refundable deposit is required when orders are placed for bespoke items and saddle orders.
26. All saddle fitting, travel charges and any saddle adjustments must be paid in full on the day of the appointment.
27. The title of goods remains with HR Saddlery until paid in full.
Delivery
28. Due to demand – the lead time for new items is often 4-6 weeks for new items made. You will be quoted a lead time when placing the order or booking an appointment. If you require an item for a certain date please let us know and we will do our best to accommodate this for you. Any appointments cancelled within 24 hours of the booked appointment are subject to payment in full of call out charge.
29. All saddle purchases must be fitted by HR Saddlery. This is to ensure that the saddle fits both the horse and the rider.
30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement (saddles ordered in are delivered by agreement as per issued ‘Notice of Right to Cancel Contract’);
a. in the case of Services and bespoke/made to measure Goods, within a reasonable time; and
b. in the case of other Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
31. SES Saddlery will arrange all postage – Small items by Royal Mail (signed for service) and large items by a suitable courier service. The courier will depend upon your requirements for insurance and delivery time.
32. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
33. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
34. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
35. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them at your own expense.
36. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
37. We do not generally deliver to addresses outside England. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
38. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
39. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
40. The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
41. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
42. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal
43. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. Except in the case of bespoke/made to measure Goods where you have no right to withdraw once the Goods are in production.
Conformity
44. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
45. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
46. It is not failure to conform if the failure has its origin in your materials.
47. We will supply the Services with reasonable skill and care.
48. In relation to the Services, anything we say or write to you, or anything someone says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
49. The Contract continues as long as it takes us to perform the Services.
50. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
51. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
52. Either party can transfer the benefits of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help preform its duties.
Circumstances beyond the control of either party
53. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
Excluding liability
54. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing Law, jurisdiction and complaints
55. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
56. Disputes can be submitted to the jurisdiction of the courts of England and Wales, where the Customer lives in Scotland or Northern Ireland, in the courts respectively Scotland or Northern Ireland.
57. We try our best to avoid dispute, so we deal with complaints as follows:
a. Put your complaint in writing to SES Saddlery Ltd. Stating the nature of your complaint;
b. Your complaint will then be investigated;
c. You will be contacted to discuss the complaint;
d. The conclusion of the complaint will then be given.
58. If a dispute cannot be resolved by SES Saddlery Ltd then complaints can be made to the Society of Master Saddlers (SMS) who can be reached on 01449711642.
Privacy Policy
This Privacy Policy should be read in conjunction with the Terms of Business
SES Saddlery Ltd is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
It is important that you read this notice so that you are aware of how and why we are using such information.
Data Protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
The kind of information we hold about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We will collect, store, and use the following categories of personal information about you:
• Personal contact details such as name, title, addresses, telephone numbers and personal email address
• Height and weight.
• Age (if rider is under 18 years old)
• Gender
• Any relevant physical/medical conditions
How is your personal information collected?
We collect personal information about customers from messages, emails, texts or phone calls and face to face provided by yourself or your representatives.
Your information may also be collected by cookies on our website. A 'Cookie' means a small text file placed on your computer or device by our website when you visit certain parts of our website.
All Cookies used by and on our website are used in accordance with current Cookie Law. 'Cookie Law' relates to the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Before Cookies are placed on your computer or device, you will be shown a pop up at the bottom of the screen requesting your consent to set those Cookies.
Our website uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our website is used.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
• Where we need to perform the contract we have entered into with you.
• Where we need to comply with a legal obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
• Where we need to protect your interests (or someone else’s interests).
• Where it is needed in the public interest (or for official purposes).
Situations in which we will use your personal information
We need all the categories of information in the list above (see: The kind of information we hold about you) primarily to allow us to perform our contact with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below:
• Making decisions to fulfil our contract with you
• Contacting you in relation to your contract or other things of potential interest to you
• When making an order with a manufacturer/supplier
• Providing some relevant information to the Society of Master Saddlers (SMS) for non-commercial purposes.
Some of the above grounds for processing will overlap and there may be several groups which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
Change of purpose
We will only use your personal information for the purposes for which we have collected it, unless we reasonably consider that we need to use it for another purpose and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal bases which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where permitted by law.
Data sharing
We may have to share your data with third parties, including third party provides and other entities in the group.
We require third parties to respect the security of your data and treat it in accordance with the law.
We may transfer your personal information outside the UK.
If we do, you can expect a similar degree of protection in respect of your personal information.
Why might we share your personal information with third parties?
We might share your personal information with third parties where required by law, where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third party service providers process your personal information?
“Third parties” include third party service providers (including designated agents), the SMS and other entities within the SMS. The following activities are carried out by third party service providers: Quickbooks for invoicing, Barclaycard for card payments and Canterbury Systems Ltd for accountancy.
How secure is your personal information with a third party service provider, the SMS and other entities within the SMS?
All our third party service providers, the SMS and other entities within the SMS are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow out third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for the specified purposes and in accordance with our instructions.
When might your personal information be shared with other entities within the SMS?
We will share your personal information with the SMS and/or other entities within the SMS when required to by the SMS for monitoring purposes or if there is a dispute/complaint.
What other third parties might your personal information be share with?
We may share your personal information with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal information with a regulator or to comply with the law.
Transferring information outside the EU
We will transfer personal information we collect about you to the following country outside the EU: America in order to perform our contract with you. There is an adequacy decision by the European Commission in respect of that country. This means that the country to which we transfer your data are deemed to provide an adequate level of protection for your personal information.
However, to ensure that your personal information does receive an adequate level of protection
• Quickbooks (Invoicing package) have in place transfer mechanisms with their third party hosting providers that satisfy the requirements relating to their transfer of data from the EU to America. Whilst the data is held on a server in America, it will remain within Quickbook’s effective control at all times.
This ensures that your personal information is treated in a way that is consistent with and which respects the EU and UK laws on data protection. If you require further information about these protective measures, you can request it from the Proprietor, Sarah Stevens.
Data Security
We have put in place measures to protect the security of your information. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents or other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentially.
We have put in place procedures to deal with any suspected data breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data Retention
How long will your information be kept for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying and legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once our contract with you is complete we will retain and/or securely destroy your personal information in accordance with applicable laws and regulations.
SES Saddlery Ltd may retain your personal information for a period of:
• 10 years after your last purchase/saddle fitting
• 12 months after an enquiry which did not lead to a purchase/saddle fitting
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your rights in correction with personal information
Under certain circumstances, by law you have the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have and incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing.
• Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the Proprietor, Sarah Stevens, in writing.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Proprietor, Helen Reader, in writing. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Data Protection Officer
SES Saddlery Ltd does not have a Data Protection Officer, but is committed to comply with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Proprietor, Sarah Stevens. You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact the Proprietor, Sarah Stevens on 07971844741.