Terms & Conditions
1. In these terms and conditions the following words shall have the following meanings. 'The Company' shall mean Boomerang Equestrian Ltd. 'The Customer' shall mean the person, firm or company offering to purchase the goods from the Company. ' The Goods' shall mean all or any of the products listed in a current Price List of the Company.
2. (a) All business undertaken by the Company is undertaken on terms and conditions herein contained, and any variation thereto will be binding on the parties hereto only if such variation is in writing and signed by an authorised representative on behalf of the Company. An order placed by any Customer is deemed to be upon terms and conditions herein contained.
(b) The contractual rights which the Customer enjoys by virtue of Sections 12, 13, 14 and 15 of the Sale of Goods Act, 1893 (as amended) are in no way prejudiced by anything contained in these terms and conditions save (if the Customer is not dealing as consumer or in the case of an international sale of goods) to the extent permitted by law.
3. The customer may place an order with the Company for the purchase of the Goods and such order will be deemed for all purposes to be an offer to purchase the Goods. The Company shall be entitled at its sole discretion at any time to accept or reject all or part only of such offer for any reason whatsoever and it shall not be bound to give to the Customer any reason for so doing.
4. (a) The property in the Goods shall remain in the Company until the Company has received payment in full for the Goods.
(b) If the Customer shall sell or otherwise dispose of the Goods before payment in full has been made to the Company the Customer shall in such case act on his own account and not as agent for the Company and shall hold all monies received by him from such sale or disposal in trust for the Company and shall on request furnish the Company with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable the Company to recover any outstanding sums due from such persons.
(c) So long as the property in the Goods shall remain in the Company, the Customer shall hold the Goods as bailee for the Company and store the Goods so as to clearly show them to be the property of the Company, and the Company shall have the right, without prejudice to the obligations of the Customer to purchase the Goods, to retake possession of the Goods (and for that purpose to go upon any premises occupied by the Customer).
(d) Nothing in this clause shall confer any right upon the Customer to return the Goods. The Company may maintain an action for the price not withstanding that property in the Goods shall not have vested in the Customer.
(e) Notwithstanding the revision of (a) above all risks shall pass to the Customer on delivery of the Goods by the Company at the Customer's premises and the Customer shall be responsible for the safe and suitable storage of the Goods.
(f) From when the risk of loss of and damage to the Goods commences to be carried by the Customer until the Company is paid in full for the goods, the Customer shall: (i) Indemnify and keep indemnified the Company against all loss of and damage to the Goods and against any reduction in the re-sale value thereof below the price to be paid therefore by the Customer; (ii) insure and keep insured the Goods in an amount at least equal to the price to be paid therefore by the Customer, and (iii) hold upon trust for the Company absolutely all proceeds of such insurance.
5. (a) In certain circumstances the Company may, if it thinks fit, agree in writing with the Customer that it shall take back some or all of the Goods sold to the Customer. In such circumstances the Company may at its absolute discretion credit the Customer with an allowance for the Goods returned subject to their having been stored correctly as regards rotation of stock and in dry, clean and odour free conditions.
(b) The Company's liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of or in connection with or resulting from the manufacture, sale, delivery, re-sale, replacement or use of any of the Goods shall in no case exceed the price paid by the Customer to the Company for the Goods which give rise to the claim, plus expenses of customs, taxes, freight and insurance. In no event shall the Company be liable for any loss of profits, or special or consequential damages suffered by the Customer, including interest charges. Nothing contained in this paragraph shall by implication create any liability or obligation on the part of the Company, or effect or diminish any disclaimer or liability elsewhere contained herein.
6. (a) The Company shall deliver the Goods to the Customer at the entrance to his premises or warehouse and shall not be obliged to undertake any distribution, breaking down or stacking of the Goods within any premises or warehouse.
(b) Any shortfall in or change to the Goods delivered shall be made in writing to us and the carrier within three days of receipt of the Goods, otherwise such claims cannot be entertained.
7. (a) The Company after sale of the Goods shall deliver to the Customer within 5 working days, with an invoice stating the type and quantity of the Goods delivered. The Company shall also deliver to the Customer at least once every month a statement showing the total amount then due by the Customer to the Company.
(b) Prices are subject to alteration without notice and goods will be invoiced at the price current on the date of despatch. VAT will be charged at the appropriate rate in force at the date of dispatch.
(c) Cost Of Carriage Republic of Ireland:- All orders over €100.00 or over (net invoice value) are consigned and carriage paid. On orders less than €100.00 the charge will be €6.50 per parcel or actual cost if greater. Northern Ireland:- All orders of €100.00 or over (net invoice value) are consigned and carriage paid. On orders less than €100.00 the charge will be €6.50 per parcel or actual cost if greater. International Delivery- Orders for delivery outside Republic Of Ireland, Northern Ireland, are subject to an additional delivery charge, based on destination. Products highlighted as Feed/Nutrition or Animal Bedding Items throughout the website are not available for online orders they must be ordered by calling 050490402. There are some items such as Large Supplements and Saddlery Items that may incur excess charges due to their bulk and weight. We will contact you by phone or email to advise of any excess charges. Please contact us directly here if you have a freight cost query.
8. Payment is due by the before shipping of orders. Errors and overcharged on invoices when found to exist will be rectified and allowed for in the next statement but shall form no grounds for delaying payment. If accounts are not settled on time the Company reserves the right to withhold further deliveries.
9. Supplementary terms may be made available to different customers at different times at the Company's sole discretion bearing in mind the different functions, quantity or value of any Goods and other objective criteria designed to promote efficiency in supply or distribution and which are necessary in the legitimate interests of the Company's business.
10. The Company reserves the right to withhold the Goods from a Customer who has sold or offered for sale the Company's Goods at a price that is less than the net invoice price (including V.A.T) payable to the Company and where the Customer has failed to give the Company an acceptable undertaking to discontinue so selling or offering for sale such Goods.
11. (a) If the Customer (i) fails to comply with any terms of the contract (ii) commits an act of bankruptcy, make an arrangement or composition with creditors or suffers any distress or execution or (iii) resolves or is ordered to be wound up or has a receiver appointed. then, in any such event, the Company shall have the right (without prejudice to any other remedies) to cancel any uncompleted order and withhold or suspend delivery of further Goods, and to demand payment forthwith of all sums due by the Customer to the Company.
(b) The Company shall be entitled to charge the Customer with an amount equal to all costs and expenses (whether incurred pursuant to the issue of legal proceedings or not) incurred by the Company in any way connected with the collection of monies due to the Company form the Customer which have not been paid within the time submitted to the Customer by a statement and thereupon such costs and expenses shall immediately become due to the Company.
12. The Company shall not be under any liability of whatever kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the control of the Company or beyond the control of the Company's suppliers including, but not limited to, war (whether an actual declaration thereof is made or not) sabotage, insurrection, riot or other act of civil disobedience, acts of the Customer or a third party, failure or delay in transportation, acts of any Government or any agency or sub-division thereof, Government regulations, judicial actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to the Company or the Company's suppliers or shortage of labour, fuel, raw material or machinery or technical failure. In any such event, the Company may, without liability, cancel or vary the terms of contract including, but not limited to, extending the time for performing the contract for a period at least equal to the time lost by reason of such cases.
13. A waiver by the Company of any of the foregoing conditions shall not constitute a general waiver of such or any condition.
14. The Customer shall not assign or transfer or purport to assign or transfer to any other person the contract or the benefit thereof.
15. This contract shall be governed and construed in all aspects in accordance with laws of the Republic of Ireland. The information on this website is not meant to be a substitute for veterinary advice or for a medical diagnosis concerning your horse's condition.
16. There is no return/refund on sale items that carry a discount of 30% or more. with the exception of faulty/damaged goods, that will be dealt with on a case by case basis.