The Horse Empire Limited Seller Terms and Conditions - Effective 13 August 2021

Introduction and acceptance of terms

Welcome to thehorseempire.com an online marketplace for horse-trading, listings and services (the “website”, “Platform”) operated by The Horse Empire Limited, a Scottish Company 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.

By using or accessing the website, you (“Seller”) agree to the terms and conditions hereafter. 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.

Sellers must comply with these terms and conditions and must have their own terms and conditions of sale.

The Horse Empire provides a Platform to enable the customer to interact and purchase from sellers (“Purpose”) through the website and its services (“Platform”).

  1. Terms and conditions for using the Platform

1.1 Registration:  by registering for an account, listing and selling, on the website you confirm that you have understood and accepted these terms and conditions. If you do not accept, please do not use the website.

1.2 You warrant that the information you supply when registering is accurate and that you will notify us of any changes. You are responsible for ensuring your account is secure including keeping your password confidential and not sharing it with anyone else.

1.3 All sellers may only have one account for registration.

1.4 We reserve the right to reject any registration and refuse the use of the Platform for any reason, in our sole discretion.

  1. Our Platform

2.1 When a customer purchases from you, a legally binding contract (“Contract”) is formed between the customer and you. By accepting The Horse Empire’s terms and conditions, the customer will also be accepting your terms and conditions or purchase.

2.2 The Horse Empire is not a party to the Contract and shall give no express or implied warranties related to the items sold online. The Horse Empire does not own, check or vet any items that are sold on the website at any time and therefore shall have no responsibility to the customer concerning purchasing on the Platform.

  1. Conduct

3.1 You may only use the website and its services for the Purpose.

3.2 You agree to be polite and respectful when using the website and agree not to use product descriptions that are obscene, discriminatory, offensive, or political.

3.3 You agree to be responsible for all data transferred from your computer systems or devices to our website.

  • You agree that you shall not:
  • Use the Platform or any of its services for any unlawful activity;
  • Do anything that causes damage or disruption to the website or its services;
  • Send malicious information to any party using our services (including viruses, Trojans, adware, worms, spam);
  • Use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent;
  • Send your account details to another party without our prior consent;
  • Provide The Horse Empire with false, inaccurate, or misleading information;
  • Attempt to manipulate transactions or tamper with the website in any way.
  1. Data Protection

4.1 As part of providing our services on the Platform, the Horse Empire will collect personal data from you as a seller which may include your name, address, and contact details. You accept that your data may be shared with customers for the sole purpose of facilitating the sale, purchase, and fulfillment of orders on the website as per our privacy policy.

4.2 You agree to fully comply with the General Data Protection Regulation and the Data Protection Act 2018 and all other privacy and data regulations or laws in place in the United Kingdom from time to time and use customers’ information solely to fulfill an order. You warrant and represent that you have appropriate technical and organisational measures in place and that you will not allow or send any customer’s data on to third parties without the customer’s consent.

  1. Disclaimer of warranties

5.1 The Horse Empire does not represent or warrant that the website will be error-free, uninterrupted, free from third-party cyber attacks, or otherwise available at all times to meet your requirements.

5.2 The website is provided on an “as is” basis. The Horse Empire makes no representations or warranties of any kind, whether statutory, express or implied, that the information, content, materials made available to you through the website will be fit for a particular purpose or use, available at all times, compliant with applicable regulations, free from intellectual property infringement, or that customers will perform as they have agreed.

5.3 In the event of a dispute between you and a customer, in the first instance, you must make reasonable attempts at resolving the dispute, including offering a refund or if you are selling a product and have alternatives, offer an alternative product. If, after reasonable attempts at resolving any such dispute, you are unable to reach an agreement with the customer, the customer has the right to request the Horse Empire’s assistance in the resolution of the dispute and the Horse Empire will use all reasonable endeavours to help you to resolve the issue.

  1. Limitation of liability

6.1 To the fullest extent permitted under applicable laws, the Horse Empire hereby excludes liability for losses, claims, liabilities, and damages of any kind arising from the use of the website including, without limitation, direct, indirect, or punitive damages, loss of profits, loss of business loss of data and any consequential loss, claims or remedies in tort, whether or not arising from its negligence.

6.2 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. Force Majeure

7.1 Neither the Horse Empire nor you will be obliged to fulfill the responsibilities detailed in the terms and conditions in circumstances beyond either party’s reasonable control. These circumstances include but are not limited to earthquakes, pandemics, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather, or acts of God. Duties and obligations will be postponed for the period that any such ‘force majeure’ event continues.

  1. Additional conditions

8.1 By registering and listing products/and or services for sale on the Platform you warrant that you and your Equine Products/and or Services comply with the criteria to sell on the Platform as set out in these terms and conditions.

8.2 Listing: by uploading Equine products/and or Services for sale on the Platform you agree that you are legally entitled to sell the Equine Products/and or Services listed and that the descriptions are accurate, not ambiguous, or misleading, and that any items (if any) are available for delivery to all customers.

8.3 You agree that it is your responsibility to ensure the sale and distribution of Equine Products and/or Services is not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to such items. The Horse Empire shall not be responsible for verifying your right to list and sell Equine Products/and or Services, or whether the sale of such Equine Products/and or Services is prohibited or deemed illegal. The Horse Empire reserves the right to remove from listings, without prior notice to you any product, if the sale becomes illegal or controversial in the UK.

  • You must ensure your products/and or services listed:
  • do not infringe any third-party intellectual property and you have all necessary licenses or approvals to sell your Equine Products/and or Services to the customers on the website; and
  • are accurate.
  • By listing Equine products and/or Services for sale at a price, you agree that you will supply the Equine Products and/or Services at that price to customers listed on the website. The price listed must be in pounds sterling only and must include all applicable taxes.
  • If you are offering equine services only, you warrant that you are highly skilled in providing the services you offer and that you have adequate and appropriate insurance to cover all your liabilities relating to the provision of your services. In addition, you warrant that you will maintain adequate and appropriate insurance to cover all your liabilities relating to the provision of your services and shall provide the Horse Empire with a broker’s letter evidencing your insurance, on request.
  • If you are supplying products as a commercial seller (anyone other than a private seller), you warrant that you will maintain public and products liability insurance and any such additional insurance as required to cover all your liabilities relating to the sale of your products and shall provide the Horse Empire with a broker’s letter evidencing your insurance, on request.

Horse trading

8.8 You warrant that you are legally able to trade the horses as you are the legal owner or you have obtained authority from the legal owner to do so.

8.9 You warrant that you comply with the Animal Welfare Act 2006 (“the Act”) which requires you to ensure that any horse or pony for which you are responsible, whether on a permanent or a temporary basis, has:

  • a suitable environment to live in;
  • a healthy diet (including fresh clean water);
  • the ability to behave normally;
  • appropriate company; and
  • protection from pain, suffering, injury, and disease.

8.10 You will comply with good industry practice and any other statutory requirements concerning the trading of the horses.

8.11 Concerning the listing of horse(s) you specifically warrant that:

        8.11.1 the horse(s) you list are free from any kind of disease;

     8.11.2 you fully disclose any illnesses or conditions the horse(s) have including but not limited to laminitis, cushings and feather mites;

       8.11.3 the description of the horse(s) is accurate; and

8.11.4 you have authority from the veterinary practice to provide their details on any listing, and you shall indemnify both customer and the Horse Empire against any breach of the above warranty obligations.

Horse riding lessons

8.12 You warrant that your instructors are fully qualified riding instructors and that you have appropriate insurance in place to cover risks associated with offering the lessons including personal injury.

8.13 You warrant your lessons will be carried out in safe and secure conditions and that the horses are fit, healthy, and free from disease.

8.14 We reserve the right to end any listings that are in breach of our terms and conditions and remove any Equine Products/and or Services at our absolute discretion. We may also remove your page from our website at our absolute discretion.

  1. Warranties

9.1 You must provide customers with clear and accurate information regarding all Equine Products/and or Services listed, as well as all statutory rights and warranties, whether express or implied.

9.2 You accept and agree to be solely responsible for the Equine Products/and or Services’ quality, safety, names, marks, descriptions, and any other information that may be required or expected by customers including disclaimers, notices, warnings, or restrictions which must be clearly stated.

9.3 You undertake to address any issues raised by customers, including, but not limited to, complaints and refunds in a timely and effective manner.

  1. Intellectual property

10.1 By listing your products/and or services on the website, you grant us and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights, and rights of publicity over the material displayed in your product information and listings that you provide to us in any existing media now or in the future.

  1. Fees

11.1 By listing Equine Products/and or Services on the website you agree to pay any applicable fees.

  1. Payments

12.1 Your proceeds of the sale will be paid to you within two working days after receiving payment from the customer.

12.2 Any refunds will be processed by us and deducted from your proceeds of the sale.

  1. Sales of your Equine Products/and or Services and refunds

13.1 All orders for your Equine Products/and or Services listed on our website may only be paid by the customer through the website’s payment facility operated by Stripe Payments Europe, Ltd or Paypal. Customers will be asked to accept the payment facility operator’s terms and conditions before purchasing the product/and or services. You are not permitted to take payment for your Equine Products/and or Services listed on our site, directly.

13.2 You are responsible for all risk and liability related to supplying the order or providing the Equine Products/and or Services to the customer.

13.3 You must have a refund and returns policy which as a minimum complies with the returns policy.

  1. VAT

14.1 You agree to ensure that your Equine Products/and or Services listed on the website include all applicable taxes to deliver goods to customers, including customs and excise duty, VAT, and any other applicable taxes. You are responsible for accounting for all taxes due relating to the sale of your Equine Products/and or Services on our website.

  1. Communicating with The Horse Empire customers

15.1 You may not directly communicate with make any targeted marketing towards any

customer, via any means, except for responding to direct messages regarding product queries or orders via our Platform. For example, you are not permitted to send promotional leaflets, packaging, promotional emails, including email signatures or footers with marketing messages, and order acknowledgment or dispatch emails. In addition, you may not contact someone after they have explicitly asked you not to, or interfere with a transaction or the business of another customer.

  1. Termination

16.1 You agree to provide further information at any time as requested about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the Platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability or otherwise harmful to our business operation or abusive to customers.

16.2 We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

  1. No partnership or agency

21.1 Nothing in these terms and conditions shall be construed to create a partnership, joint venture, or agency relationship between the parties.

  1. Rights of third parties

22.1 No provision of these terms and conditions shall be enforceable by any third party (which includes for these purposes any third party including an 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. Complaints and disputes

23.1 Whilst we are not a party to the transaction, we may try to help you resolve a dispute. If you have tried to resolve the dispute, please contact us at hello@thehorseempire.com and we will do our best to assist.

23.2 You hereby release the Horse Empire (and The Horse Empire’s directors, officers, employees, and representatives) from any claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between you and customers or third parties.

  1. Governing law and jurisdiction

24.1 These terms and conditions shall be governed by and construed per the law of Scotland.

  1. Feedback

General comments about the website are welcome, please contact us.

 

26. Returns policy

26.1 You must give customers a refund of products/and or services that fail to meet specifications or are unfit for consumption or are faulty in line with the Consumer Rights Act 2015 (“Act”), which you agree to comply with. By way of summary, the customer has 14 days in which to notify you of their request to cancel the order, starting the day after the goods have been received. Some items are not eligible for returns and refunds such as perishable goods or bespoke goods, please refer to the Act for full details of your refund obligations and circumstances for the refund.

26.2 Any refunds due to the customer will include the price of the item plus shipping costs and will be offset from your payment as per clause 12 in The Horse Empire Limited Seller Terms and Conditions.

26.3 Your returns and refund policy must be consistent with your obligations to the Horse Empire Limited Seller Terms and Conditions.

26.4 If you are a private seller, selling second-hand goods, under the Consumer Protection Act 2015, if the product you sell is faulty, you must offer the customer a refund, repair or replacement product.