Terms and Conditions
These terms and conditions govern the supply of goods and services by Diamond Deluxe Horsewear to any person, business or company (the Buyer). These conditions will apply to every sale or supply of goods and services.
These conditions prevail over any other discussions or conditions that may be or have been communicated between Diamond Deluxe Horsewear and the Buyer, whether orally or in a letter from the Buyer, in negotiations or otherwise.
No person acting or purporting to act on behalf of Diamond Deluxe Horsewear will have authority to waiver or change these conditions orally. Waivers or changes will only have effect if made in writing and signed by a duly authorised officer of Diamond Deluxe Horsewear.
Any order placed with Diamond Deluxe Horsewear will be confirmation of the Buyer's acceptance of these conditions. If you continue to place order with Diamond Deluxe Horsewear these terms and conditions will apply.
Change or Cancel Orders
The Buyer may change or cancel their order if it has not been processed and shipped. If the goods have already been shipped, unfortunately additional delivery charges will be incurred at the Buyers expense.
No deposit is required for non-stock items until the item arrives at Diamond Deluxe Horsewear. The cost is payable before the goods are shipped.
The prices for the goods are the prices fixed by Diamond Deluxe Horsewear at the date of purchase of the goods. Any prices quoted orally to the Buyer prior to the purchase are indicative only.
All prices are inclusive of GST. The Buyer is liable for all taxes or duties, including GST, payable on the goods.
If a product inadvertently appears on the Diamond Deluxe Horsewears website at the wrong price, Diamond Deluxe Horsewear may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged or deposit made. If the Buyer's credit card was charged or a direct deposit made for the purchase, and the order is cancelled, Diamond Deluxe Horsewear will notify the Buyer and issue a refund to the Buyer's credit card in the amount of the cancelled order.
All prices are in Australian dollars unless stated otherwise. Prices do not include delivery costs unless stated otherwise. The Buyer is liable for any and all delivery costs.
The Buyer will be charged for the goods on the day they are ordered. The goods will be shipped as soon as cleared funds are received into the account of Diamond Deluxe Horsewear.
Delivery Times and Cost
The cost of shipping is based on total weight of the goods purchased and state and postcode of the delivery address, and will be sent via Australia Post. Depending on the Buyer's location delivery time can be between 2 to 6 business days.
If multiple items are ordered and for some reason not all items are able to be sent together Diamond Deluxe Horsewear will contact the Buyer for additional instructions.
Diamond Deluxe Horsewear will use all reasonable endeavours to meet the delivery time frame but Diamond Deluxe Horsewear is not liable for any loss or damage, however it arises, if the goods are not delivered within the delivery period.
Ownership of Goods
Title of goods does not pass to the Buyer until payment is cleared. This includes payment of all taxes, duties and delivery charges. Until the Buyer has paid in full for the goods ownership of the goods remain with Diamond Deluxe Horsewear.
Risk in Goods
The risk in any goods delivered will, unless otherwise agreed in writing, pass to the Buyer upon delivery of the goods to the Buyer or its agent.
Acceptance and Return of Goods
While Diamond Deluxe Horsewear are confident that our sales staff will help you select the correct item, we will refund or exchange any new goods within 14 days of their original purchase, provided the goods are unopened, unused and in original packaging and accompanied by the original receipt. The Buyer is deemed to have accepted delivery of the goods within 72 hours after delivery unless prior to that time the Buyer has notified Diamond Deluxe Horsewear of any issue, damage or potential return.
Diamond Deluxe Horsewear will credit the Buyer upon receipt of the goods, using the same payment method as used to purchase the goods. Postal charges will not be refunded.
If goods are found to be defective in materials or workmanship, they may be returned within 30 days of purchase. Defective items may be repaired, replaced or refunded at the discretion of Diamond Deluxe Horsewear. Diamond Deluxe Horsewear require a note with the Buyer's name, telephone number and a brief explanation for their records, as well as the sales invoice.
From time to time Diamond Deluxe Horsewear may issue vouchers or credits for redemption against future purchases. These may be provided directly by Diamond Deluxe Horsewear or through a third party, such as a prize through a riding club or event. Vouchers may not be used in conjunction with any other offer. Any terms and conditions on a voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable. If no expiry date is printed on the voucher, the voucher is valid 12 months from issue or date of event in which the voucher was won. Vouchers can be cancelled subject to misuse, fraud or error.
Use of Account
The Buyer must not use false or misleading information when registering or using Diamond Deluxe Horsewear's services and must update their details if they have changed since the Buyers last use. Diamond Deluxe Horsewear is not responsible for any loss or damage which the Buyer may suffer because they have not provided complete, accurate and up-to-date information.
When the Buyer registers, they must choose a username and password before making purchases via the Diamond Deluxe Horsewear website. The Buyer is responsible for the security of their user name and password. Diamond Deluxe Horsewear will assume that anyone using the Buyers username and password is authorised.
Diamond Deluxe Horsewear may send notifications to the Buyer by email, including:
- order confirmation for purchases;
- the status of any deliveries; and
- a copy of your invoice, if applicable.
Diamond Deluxe Horsewear accepts no responsibility for any loss or damage the Buyer suffers if they do not receive such notifications for any reason.
Changes to Terms & Conditions
Diamond Deluxe Horsewear, in its absolute discretion, may amend or modify the terms and conditions upon which goods or services are supplied to the Buyer, including these terms. Such modification will bind the Buyer once displayed on Diamond Deluxe Horsewear's website.
Diamond Deluxe Horsewear may cease to provide a Buyer with access to the website or any of its services without notice.
All rights not expressly granted are reserved.
Warranty and Limitations of Liability
Diamond Deluxe Horsewear warrants that the goods supplied are of merchantable quality and are free from defects in material and workmanship and that Diamond Deluxe Horsewear shall exercise reasonable care when providing any services.
Diamond Deluxe Horsewear warrants that, upon payment in full, it will give the Buyer good title to the goods.
Diamond Deluxe Horsewear excludes all conditions and warranties implied by statute, general law or custom except any implied condition or warranty the exclusion of which would contravene any statute (including the Trade Practices Act 1974 (Cth)) or cause any part of this clause to be void (statutory condition).
Diamond Deluxe Horsewear limits its liability for breach of any express provision of these conditions, warranties or any statutory condition (other than an implied warranty of title), at Diamond Deluxe Horsewear’s option: if Diamond Deluxe Horsewear has supplied goods to the Buyer, to the replacement of the goods or the payment of the cost of replacing the goods; and if Diamond Deluxe Horsewear has supplied services to the Buyer, to the supplying of the services again or the payment of the cost of having the service provided again.
Diamond Deluxe Horsewear will not be liable for any loss or damage suffered by the Buyer (whether direct, indirect or consequential) arising in any way out of the use or re-supply of the goods and Diamond Deluxe Horsewear will not be liable for any negligent act or omission of Diamond Deluxe Horsewear, its officers, employees, contractors or agents, including but not limited to lost profits, costs and damages sustained or incurred as a result of a claim by a third party. The Buyer acknowledges that any description of the goods given to the Buyer by Diamond Deluxe Horsewear is intended only for identification, and is not to be construed or relied upon as being a representation or warranty that the goods will conform to that description.
The Buyer must indemnify Diamond Deluxe Horsewear and its directors, officers, employees and agents, from and against any and all claims, losses, damages, costs, judgments, expenses and liabilities of any kind (including, without limitation, reasonable legal fees) whether for personal injury or property damage, arising out of or in connection with the Buyer’s sale, marketing, distribution or use of the goods, whether in the good’s present form or as processed or combined with other materials into another form, or services.
Diamond Deluxe Horsewear own and reserve all of its Intellectual Property rights, whether or not registered including but not limited to copyright, design, trade mark, business name, domain name and confidential information including know-how and secrets, in any materials which are notified to or provided to the Buyer. If Diamond Deluxe Horsewear make available or introduces any of its Intellectual Property to the Buyer then all proprietary rights to that Intellectual Property shall remain the sole property of Diamond Deluxe Horsewear.
Privacy and Personal Information
If any provisions of these conditions is or will be illegal, invalid or unenforceable, then that provision will be severed and the validity and enforceability of the remaining provisions will not be affected.
Diamond Deluxe Horsewear will not be liable for any loss caused by its failure or delay to supply the goods or services due to anything outside the reasonable control of Diamond Deluxe Horsewear including but not limited to Force Majeure Events, which include means acts or omissions of the Buyer, breakdown of plant or machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or arson, storm or tempest, theft, vandalism, riots, civil commotions, terrorist actions, wars, government restrictions, intervention and/or control, transport delays, accidents or embargoes of any kind.
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the costs in that State.