Terms and Conditions

Terms and Conditions of Sale

We are: Horseshoe Hearts

Our address is: 3 Cromer Close, Little Gaddesden, Herts, HP4 1PR

We can be contacted at the above address or by phone our email on:

07306 404491 hello@horseshoehearts.co.uk

You are: A User of our website

Please read the terms and conditions set out below carefully before ordering any Goods from this Website. By ordering any Goods from this Website you agree to be bound by these terms and conditions (�Terms and Conditions�).

1. 1. Definitions
   1. 1. �Agreement� is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
   2. 2. �Goods� is a reference to the range of products which we offer for sale on our Website; �you�, �your� and �yours� are references to you the person accessing this Website and ordering any Goods from the Website;
   3. 3. �we�, �us� and �our� are references to Horseshoe Hearts; and
   4. 4. �Website� is a reference to our Website www.horseshoehearts.co.uk on which we offer our Goods for sale
   6. 2.Ordering
      1. 1. If you would like to order Goods from us you must complete and submit the order form on our Website.
      2. 2. Any contact for the supply of Goods from this Website is between you and Horseshoe Hearts. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
      3. 3. Goods purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale
      4. 4. When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
      5. 5. 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 and payment secure, but in the absence of negligence on our part 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 the Website.
      6. 6. Any order that you place with us is subject to acceptance by us. If we accept your order we will email you and specify delivery details and confirm the price of the Goods purchased. If we are unable to accept your order you will be notified of this in writing together with the reasons.
      7. 7. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line.
      8. 8. The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing when we email you to advise of despatch. You must inform us immediately if any details are incorrect.
2. 3. Prices and Payment
   1. 1. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax but exclusive of delivery charges which will be added to your order.
   2. 2. The total price for Goods ordered, including delivery charges, will be displayed on the Website when you place your order. Full payment must be made before Goods are despatched.
   3. 3. You must pay for your order at the time you place your order and you can do so by debit/credit card, or PayPal. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
3. 4. Bespoke Horseshoe (&/or) Horsehair Products
   1. 1. At the time you place your order we require that you send us the horseshoes (and/or) Horsehair which you would like us to make into your chosen item. This must be clearly labelled to indicate your name, address, order number and the item which you have ordered. Please ensure that you send the minimum horseshoes (and/or) Hair required and in the recommended condition as specified on our Website.
   2. 2. Please ensure that sufficient postage is paid to send the Horseshoes (and/or) Horsehair. In cases of insufficient postage, we reserve the right to either refuse to accept delivery of the package or to levy a charge, which you will be liable to pay, of �5 plus the cost of the additional postage we have had to pay for the package.
   3. 3. Whilst we will make every reasonable effort to use the Horseshoes (and/or) Horsehair we are sent we cannot guarantee that this will be sufficient or adequate in every case and we will contact you in these circumstances to discuss what is needed.
   4. 4. You send Horseshoes (and/or) Horsehair at your own risk. We cannot accept any responsibility for any Horseshoes (and/or) Horsehair lost or damaged in transit.
   5. 5. Personalised Horseshoe orders may not be returned or exchanged under any circumstances. Please take care to check the wording you have entered as mistakes cannot be rectified afterwards, if we spot what we think is a mistake we will of course get in touch, however it is your responsibility to check for mistakes prior to payment. All Horseshoe Hearts items are crafted by hand, and are meant to look distinctively handmade, rustic and organic. Hand stamped items are meant to look hand stamped and as such not all characters will be perfectly straight.
   6. 6. We recommend you send precious shoes and/or horsehair to us via a tracked service such as Royal Mail Special Delivery. You send your own shoes and/or horsehair at your own risk. We cannot accept any responsibility for shoes or hair lost in transit. We will dispatch your order made from your Horseshoes and/or Horsehair back to you via the method you select at checkout. You have the option between Royal Mail Signed For or Special Delivery. Only Special Delivery is tracked. We recommend you chose Special Delivery for precious shoes. Items over 2kg in weight will be sent via courier on a tracked and signed service. We cannot accept any responsibility for items lost in the post.
   7. 7. If your item has a personalisation fault as a result of our error or is received damaged on arrival please get in contact hello@horseshoehearts.co.uk within 14 days of delivery for a correction or repair.
4. 5. Delivery
   1. 1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Deliveries are made in accordance with our delivery policy which is displayed on our Website. Time is not of the essence for the delivery of any Goods supplied under this Agreement. The cost of delivery will be specified at the time of ordering.
   2. 2. All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
   3. 3. No refunds of the delivery charge are made for late deliveries.
   4. 4. Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
   5. 5. All risk in the Goods shall pass to you upon delivery.
   6. 6. Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
   7. 7. Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
5. 6. Your Information
   1. 1. Where we have requested information from you to provide Goods, you agree to provide us with accurate and complete information
   2. 2. You authorise us to use, store or otherwise process your personal information in order to provide the Goods to you and for marketing and credit control purposes, where this is required by law or in order to provide the Goods to you.
   3. 3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information
   4. 4. We regularly send out a newsletter and/or other information emails (collectively referred to as “Newsletters”) to anyone subscribing. In these Newsletters, we may inform you about new services, features or products. You may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or contacting us.
6. 7. Cancellation and Returns
   1. 1. Bespoke Goods are not entitled to have ordered cancelled or returned the Goods unless they are faulty or damaged.
   2. 2. All refunds or re-credits for faulty or damaged Goods will be undertaken within 30 days of receipt of the returned Goods.
   3. 3. For non-bespoke Goods, you must notify us immediately if you decide to cancel your order preferably by email and quote your order number. The time limit for notification of cancellation is 14 calendar days following receipt by you of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been despatched. In these cases, the Goods will need to be returned to us. Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount within 14 days which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods. You must ensure that the Goods are returned to us at our address given above at your cost immediately by courier in good condition and unused.
   4. 4. A full statement of your legal rights under the Distance Selling Regulations may be obtained in the UK from your local Citizen�s Advice Bureau or Trading Standards Office.
7. 8. Linked Sites
   1. 1. There are may be a number of links to our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
8. 9. Complaints
   1. 1. We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to us by email
9. 10. Our Website
   1. 1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
   2. 2. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing may not always reflect the position exactly at the time you place your order.
   3. 3. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
10. 11. Intellectual Property Rights
    1. 1. Ownership in, and all rights created in relation to the contents of this Website and any trade marks or marks used on the site or in the Goods displayed on the site either vest in us absolutely or are used by us under licence. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these Terms and Conditions
    2. 2. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
11. 12. Limitation of Liability
    1. 1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    2. 2. We disclaim any and all liability to you for the supply of the Goods to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    3. 3. We cannot be held liable for the loss or damage to Horseshoe (and/or) Horsehair whilst in transit to us. You acknowledge that due to the bespoke nature of the product, in rare instances, Horseshoes (and/or) horse hair may be damaged during the crafting process for which we cannot be held liable.
    4. 4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
    5. 5. We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
    6. 6. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
    7. 7. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
12. 13. General
    1. 1. We may subcontract any part or parts of Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    2. 2. We may alter or vary the Terms and Conditions at any time without notice to you.
    3. 3. Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank’s lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.
    4. 4. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
    5. 5. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    6. 6. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
    7. 7. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    8. 8. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.