The Horse Empire Limited Customer Terms and Conditions - Effective 13/08/2021

1.Introduction and Acceptance of Terms

1.1 Welcome to thehorseempire.com an online marketplace for horse trading, listings and equine products and/or services (the “website”, “Equine Products and/or Services”) operated by The Horse Empire Limited, registered under number SC701576 (the “The Horse Empire ”, “us”, “we”) with its registered office at The Horse Empire, Third floor, 3 Hill Street, New Town, Edinburgh, EH2 3JP, UK.

1.2 By using or accessing the website, you (“Customer”) agree to the terms and conditions hereafter. If you do not agree to these terms and conditions, please do not use the website. We reserve the right to amend these terms and conditions (“terms and conditions”) from time to time, so we suggest you read and check them regularly.

1.3 The Horse Empire provides a platform (“Purpose”) to enable you to interact and purchase from sellers – equine products and/or services (“Equine Products and/or Services”). 

  1. Accessing the Equine Products and/or Services

2.1 Access to the Equine Products and/or Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Equine Products and/or Services we provide through the Website without notice. We will not be liable if for any reason any of the Equine Products and/or Services is unavailable at any time or for any period.

2.2 From time to time, we may restrict access to any or all of the Equine Products and/or Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

  1. Intellectual property rights

3.1 We own, or are the licensee to, all right, title and interest in and to the Equine Products and/or Services and any and all other proprietary rights. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Equine Products and/or Services.

3.2 You must not extract or otherwise use any of the content on the website and/or Equine Products and/or Services for commercial purposes without obtaining a licence to do so from us or our licensors.

3.3 We respect the intellectual property rights of others and we ask our sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the website, please contact us to report the concern.

  1. Purchasing Equine Products and Equine Products and/or Services

4.1 When you purchase from a seller, a legally binding contract (“Contract”) is formed you and the seller. The Contract comprises these terms and conditions, the email confirmation of your order and the applicable details on the product page. By accepting these terms and conditions, you will also be accepting the seller’s separate terms of business relating to your purchase.

4.2 The Horse Empire is not a party to the Contract and whilst we carry out reasonable due diligence on sellers, we are not obliged to vet the Equine Products and/or Services and accordingly, we do not.

4.3 We cannot give any undertaking that the Equine Products and/or Services you purchase from sellers through the website will be of satisfactory quality, are fit for purpose and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. You should carry out your due diligence on the seller and the Equine Products/and or Services offered before you buy them. If you engage with a seller for the purpose of horse trading, we make no warranties or representations about the horse since your contract relating to the trade will be solely with the seller. This disclaimer does not affect your statutory rights against the seller.

4.4 You should carefully review these terms and conditions, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these terms and conditions and the email confirmation of your order or the applicable details on the product page, these terms and conditions shall prevail to the extent of the conflict or inconsistency.

4.5 When you order Equine Products and/or Services through the website we may disclose your customer information related to that transaction to the relevant seller.

4.6 We are not responsible in any way for, listings provided by sellers and at no time do we possess any items offered for sale by sellers through the website.

  1. Disclaimer of Warranties and Limitation of Liability
    • To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Equine Products and/or Services.
  • The website is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
  • Nothing shall serve to limit your, or The Horse Empire ’s liability under these terms and conditions for death or personal injury resulting from our negligence, fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.
  1. Payment Methods

6.1 Purchases of Equine Products and/or Services you make with sellers may only be paid for using the payment methods we make available from time to time through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the seller. The seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the seller will satisfy your obligation to pay the seller for the relevant item(s) and consequently, any debt obligations owed by you to the seller for the purchase of such items shall be extinguished at that time.

6.2 You acknowledge that these terms and conditions and/or any transaction made by you via the do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller.

6.3 All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions. You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

  1. Refusal of Transaction

7.1 We may refuse to process a transaction for any reason or refuse Equine Products and/or Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

  1. Delivery

8.1 Your shopping basket on the website displays the Equine Products/and or Services you have chosen, the Seller who shall provide them and details of delivery. The delivery costs for each Seller vary according to the delivery methods they offer.

  1. Returns/Refunds

10.1 If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the website, please contact the seller directly. Any returns or refunds shall be made by the seller in accordance with the Returns and Refunds Policy. Please note that sellers are not obliged to accept the returns unless there is a defect with the order.

  1. Uploading Comments/Feedback (“Material”) to the Website
  • Uploaded Material must not:
  • be defamatory of any person.
  • contain material, which is obscene, discriminatory, offensive, hateful, threatening or inflammatory.
  • infringe any copyright, database right or trademark of any other person.
  • be likely to deceive any person.
  • promote any illegal activity.
  • be likely to harass, upset, embarrass, alarm or annoy any other person.
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

11.2 Any Material you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you. We have the right to remove any Material or posting you makes on the website.

  1. Viruses, Hacking and other Offences

12.1 You must not misuse our website or any part of the Equine Products and/or Services by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

  1. Waiver
  2. 1 If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
  3. Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. Entire Agreement

15.1 These terms and conditions and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements, and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these terms and conditions and any documents expressly referred to in them.

  1. Force Majeure

16.1 Where we or a seller are prevented from or delayed in carrying out obligations under these terms and conditions due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to the seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

  1. Rights of Third Parties

17.1 No provision of these terms and conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of The Horse Empire Limited or the Seller under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  1. Governing Law and jurisdiction

18.1 Contracts for the purchase of Equine Products and/or Services through our website shall be governed by the Law of Scotland. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Scotland.

  1. Feedback and Complaints

19.1 General comments about the website are welcome, please contact us. Complaints about a specific seller, Equine Products and/or Services must be directed to the seller concerned, through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through the Website and with the Seller, then contact us.