Our Terms and Conditions of Advertising
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply the advertising services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in Blue and those specific to businesses only are in Red.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Equine Marketplace Ltd a limited company registered in England and Wales. Our company registration number is 11292099 and our registered office is at 16 Mill Street Maidstone Kent ME15 6XT
2.2 How to contact us. You can contact us by telephoning our customer service team at 07449 793 934 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in your advertisement or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website is solely for the supply of services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Your rights to make changes
4.1 If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
5. Our rights to make changes
5.1 Minor changes to the services. We may change the services:
a) To reflect changes in relevant laws and regulatory requirements; and
b) To implement minor technical adjustments and improvements, for example to address a security threat.
5.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6. Providing the services
6.1 Costs. The costs of the services will be as displayed to you on our website.
6.2 When we will provide the services. During the order process we will let you know when we will provide the services to you. We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8. We will also tell you during the order process when and how you can end the contract.
6.3 We are not responsible for delays outside our control. If our supply of the services is delayed or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
a) deal with technical problems or make minor technical changes;
b) update the services to reflect changes in relevant laws and regulatory requirements;
c) make changes to the services as requested by you or notified by us to you (see clause 5)
6.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than two days in any week, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for the services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 10.5)
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what services you have purchased, whether there is anything wrong with them, how we are performing and when you decide to end the contract and whether you are a consumer or business customer:
a) If what you have purchased is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 9;
b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
c) If you are a consumer and you have just changed your mind about the services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, for most services bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers don’t have the right to change their minds. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running;
7.5 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has the right to change their mind mind (see clause 6.1), you can still end the contract before it is completed, but you will not be entitled to a refund of any monies paid in advance.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Phone or email. Call customer services on 07449 793 934 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Online. Complete the form contact us on our website.
8.2 Deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind as a consumer we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for services at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one week in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
10. If there is a problem with the services
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team on 07449 793934 or write to us at firstname.lastname@example.org.
11. Your rights in respect of defective services if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 6.2.
12. Price and payment
12.1 Where to find the price for the services. The price of the services will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the product you order.
12.2 It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.3 We accept payment with Visa Visa Debit Mastercard Mastercard Prepaid . You must pay for the services in advance before they are provided.
12.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13. Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
13.3 We are not liable for business losses. If you are a consumer, we only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability will be limited as set out in clause 12.
13.4 This clause survives termination. This clause 12 survives termination of the contract.
14. Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation.
14.2 Subject to clause 14.1:
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
16. 7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.