MY ACCOUNT
Terms and Conditions
DELIVERY
Delivery times are subject to the stock situation at any given time. Quoted delivery times are always from:
A) Date of cleared payment.
B) Date of us having received your full address and phone number.
Orders specified on the standard delivery service may be sent by Royal Mail. This Royal Mail service does not offer a guaranteed transit time, so very occasionally may not meet the delivery time stated.
Working/delivery days do not include Weekends, Bank Holidays or the day the order is received. Orders received after mid-day or on non-working days may be processed the following working day.
DISCLAIMER
Aviform Limited has taken all reasonable care in the preparation of the contents on this website but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Aviform Limited makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this website. Aviform Limited reserves the right to change price and availability information without notice.
Aviform Limited shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site.
Aviform Limited reserves the right to decline orders.
Aviform Limited makes no representation or warranty, express or implied (including, without limitation, warranties as to quality or fitness for purpose) in connection with any product(s) supplied by it under these Terms. In any event, Aviform Limited sole liability and the user’s sole remedy for any defective product(s) supplied under these Terms shall be the replacement by Aviform Limited of the defective product(s). Aviform Limited shall not be liable for economic or financial loss or any special, indirect or consequential loss or damage whatsoever and howsoever arising.
No exclusions of Aviform Limited liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Aviform Limited or any of its directors, employees or agents or fraudulent misstatement.
Indemnity
You agree to indemnify and hold Aviform Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.
Governing law and jurisdiction
This web site is controlled and operated by Aviform Limited from its offices in England. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.
All terms and conditions contained on this web site shall be governed by and construed in accordance with English law. By using this web site, you hereby submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising under or in connection with these Terms or your use of this web site.
Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.
TYPOGRAPHICAL & PRICING ERRORS
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing, we reserve the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
BETA NOPS LIMITATION OF LIABILITY
Definitions
| Contamination/Contaminated: | Occurrence of Prohibited Substances in Horse Feed |
| Horse Feed: | The Horse Feed sold by the Seller to the Buyer |
| Related Products: | Other goods sold by the Seller to the Buyer that are designed to be consumed by a horse or absorbed into the blood stream such as food supplements |
| The Seller: | The seller of the Horse Feed or Related Product |
| The Buyer: | The purchaser of the horse feed or related product from the Seller. |
| Naturally Occurring Prohibited Substances: | Such substances as may be found in Horse Feed and Related Products and are contained on the prohibited substance lists of the British Horse Racing. |
| Authority | British Horseracing Association (BHA) |
Liability
Where Horse Feed or, as the case may be, Related Products is found to be Contaminated and the Buyer can show that any loss as set out in clause 2 below has been caused as a direct result of such Contamination, the Seller accepts liability for those losses unless such Contamination is caused by the deliberate or negligent acts of a third party.
Damages
- In the event that the Seller is found to be liable for the Contamination the Seller agrees to pay the Buyer the following:
- The purchase price of the Horse Feed or Related Product.
- The pre-estimate of lost winnings prescribed and published by the BETA Feed Committee from time to time in respect of any prize money that has been lost due to the disqualification of a horse from a race or competition.
- Damages for personal injury or death that is caused by the Contamination provided that the Contamination was caused solely by the negligence of the Seller.
- The Seller will not pay for any other consequential or economic loss suffered by the Buyer which results from the Contamination.
Dispute Resolution
- Any dispute arising out of or in connection with these Standard Terms shall be referred to and finally resolved by Arbitration.
- The Arbitration shall be heard by a sole arbitrator to be appointed jointly by the Buyer and the Seller or in default of agreement within fourteen days as to the choice of Arbitrator then by the President of the Chartered Institute of Arbitrators upon the application in writing of either the Buyer or the Seller.
- The arbitral proceedings and the award shall be confidential unless otherwise agreed in writing between the Seller and the Buyer.
- The seat of the arbitration shall be London unless both parties agree otherwise.
- The law governing these Standard Terms shall be the law of England & Wales.
NOTICE
Buyers are put on express notice that the level of damages for loss of prize money set by BETA (www.beta-uk.org) is based upon an evaluation of likely loss that would result from Contamination in a wide spectrum of equestrian competitions. The level of damages is a genuine pre-estimate of the average likely loss of prize money. This amount may be insufficient to cover the prize money of a classic race or high-profile equestrian event.
Additionally, as the Seller does not agree to pay damages for other economic or consequential losses that are caused by contamination of the horse feed or related products the Buyer is advised to seek appropriate insurance cover if concerned about being exposed to a risk of loss.
