12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 07900 498 123
12.2.2 Email: email@example.com
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
12.3 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.3.1 If the Goods are Prescription Only Medicine. Regulatory law prohibits us from accepting the return of any prescription medicine.
12.3.2 Perishable goods i.e. temperature controlled feed/ medication
12.3.3 Items you have started to treat your horse with the product.
12.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
12.5 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN. Please visit the returns page on Our Site. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.6 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.6.1 The day on which We receive the Goods back; or
12.6.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or
12.6.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
12.7 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.7.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
12.7.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12
12.8 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
14.2.5 If the event outside of Our control continues for more than 28 working days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 working days of the date on which the Contract is cancelled;
14.2.6 If an event outside of Our control and you wish to cancel the Contract as a result Contact Us directly to cancel, please use the following details:
Telephone: 07900 498 123
Post: Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN.
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 working days of the date on which the Contract is cancelled.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07900 498 123, by email at firstname.lastname@example.org, or by post at
Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN.
15.2 For matters relating to the Goods or your Order, please contact Us by telephone at 07900 498 123, by email at email@example.com, or by post at Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN.
15.3 For matters relating to cancellations, please contact Us by telephone at telephone at 07900 498 123, by email at firstname.lastname@example.org, or by post at Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN or refer to the relevant Clauses above.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 In writing, addressed to Complaints Department, Equine Health Direct, Barn 1, Somerford Business Court, Holmes Chapel Road, Somerford, Cheshire, CW12 4SN.
16.2.2 By email, addressed to email@example.com
16.2.3 By contacting Us by telephone on 07900 498 123.
If you are still unhappy and if your complaint is regarding the supply of medication, you should contact the Veterinary Medicine Directorate.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you;
17.2.2 Process your Order (including payment) for the Goods; and
17.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
We will not pass on your personal information to any third parties.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 working days of your cancellation.
19. Law and Jurisdiction
19.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.