Firstly, thank you for your interest and welcome to Shamalay’s online store. These are the terms of business of Shamalay (“the Seller”) and shall be deemed to be incorporated into all contracts relating to the sale of goods and/or supply of services by the Seller. The “Purchaser” means the person or person’s firm or company purchasing from or doing business with the Seller. In these Terms and Conditions, the terms ‘we’, ‘us’ and ‘our’ refers to the Seller and the terms ‘you’ and ‘your’ refers to the Purchaser. Please read these terms and conditions in full before using this website. Your continued use of this website confirms your acceptance of these terms and your agreement to be bound by them.
We are always happy to advise, but the decision to purchase an item or items lies solely with the Purchaser and we cannot be held responsible for any consequences relating to any products purchased from this website.
1. Acceptance
When you make a purchase from this website, you are indicating that you agree to be bound by our terms and conditions. Please read them carefully and print a copy for your records. We reserve the right to revise the contents of this website, including these terms and conditions, at any time without notice. It is the Purchaser’s responsibility to regularly review the Terms and Conditions to ensure awareness of any changes and reprint them as necessary. The Purchaser’s use of the website after any changes have been made, signify the acceptance by the Purchaser of the modified Terms and Conditions.
We aim to provide uninterrupted access to the website. However, this cannot be guaranteed and access may be suspended or restricted due to essential maintenance or circumstances beyond our control.
2. Disclaimer
We hope you enjoy using our website, but please note that the use of this website is entirely at your own risk. We cannot accept any responsibility for any disruption, damage or loss of data on your computer system which may occur during or because of the use of this website.
3. Your Personal Shopping Account
When registering your details, please ensure that the information you provide us with is complete and correct and that you advise us as soon as possible should this change, or you wish your details to be removed.
The details you provide us with must be the details held on record with your credit/debit card company, as failure to do so may lead to delays in processing your order. Please ensure that you enter the correct postcode, in the box marked postcode, on the account/delivery address as our system will offer you the relevant options based on this information.
When using this website, you are responsible for ensuring that your account details and passwords are kept confidential and that you agree to accept responsibility for all activity occurring under your account and password. If you believe that any of this information has been made known to someone else, or that your account is being misused, please contact us immediately.
We reserve the right to edit or remove content, refuse access to this website or cancel an order at our discretion. If we cancel an order, we will notify you immediately and you will not incur any costs.
4. Ordering
Ordering is on line only, via the website. Unfortunately we are not able to accept telephone orders.
5. Property
The property in the goods shall not pass to the Purchaser until the Seller has received cleared funds payment in full of the price of the goods.
6. Privacy Policy, Cookies and Security
Please refer to Privacy Policy, Cookies and Security page
7. Delivery
Please refer to Delivery and Shipping page for charges
Standard delivery applies to UK mainland only. There may be additional charges to the Highlands and certain Islands. We aim to dispatch your order within 2 working days. From the date of dispatch, standard deliveries will take 3 – 5 working days to UK mainland addresses. A quicker, 2 day delivery option is available for an additional charge. Delivery will be made via Royal Mail or courier.
Postage rates shown are, where applicable, inclusive of VAT and are shown in pounds sterling. Delivery charges will be shown separately during the order process.
Most orders will need to be signed for on delivery.
Where relevant, we are unable to instruct our couriers to leave orders without a signature.
We cannot deliver to PO Box addresses.
Our couriers are unable to make timed deliveries.
Our standard delivery charge does not include weekend deliveries.
When ordering, please include a contact telephone number that can be given to the courier company.
You will be notified by email if it is anticipated that delivery will take longer than the stated time.
We endeavour to make every effort to carry all items in stock for prompt dispatch but on the rare occasion that an item is out of stock, we will endeavour to contact you within 48 hours with a revised delivery date. We cannot be held responsible for any loss you may suffer if we do not supply the goods. We reserve the right to refuse or cancel any order for goods. Reasons for cancellation may include out-of-stock items, if the item or items are listed at an incorrect price or the VAT rate was incorrect when our price was published. We reserve the right to charge an additional postage cost, if incurred.
We cannot guarantee a time of delivery. It is the Purchaser’s responsibility to arrange redelivery if delivery attempts are missed. We reserve the right to charge any costs incurred for items returned to us. We will refund the cost of items returned to us, providing they meet the returned goods criteria, minus the delivery charges. The Seller cannot be held responsible for non receipt of items where the Purchaser has entered incorrect delivery details.
If the Purchaser instructs the courier to leave the goods in a safe place, the Seller cannot accept responsibility if the goods are lost under these circumstances.
The Seller shall not be responsible for any delay in delivery, owing to matters outside the Seller’s control.
8. Overseas Ordering
We are a UK retailer and at present only ship to the UK. If you wish to place an order from outside of the UK, please contact us first.
9. Special Order Goods
Orders for special order goods (items not normally kept in stock) may not be cancelled or returned, unless faulty.
10. Goods Damaged in transit
When you sign for your delivery, you must check you are receiving the correct number of parcels you are signing for and ensure that you make a note on the consignment note if there appears to be any damage to any of the parcels. Please make sure that you open your parcel immediately and carefully check the contents, as you must inform us within 3 working days of delivery of any damaged or incorrect goods. Please quote your order number in all correspondence.
11. Goods Lost in Transit
We will not accept liability for goods lost in transit unless we are notified within 7 working days from the expected delivery date (this is taken to be 3-5 working days from the advised date of dispatch for standard delivery, 2 working days for faster delivery option).
12. Faulty Goods
We appreciate that dealing with a faulty item can be an inconvenience. Please rest assured that in these instances we will do our best to quickly resolve the issue.
Faulty goods will need to be retuned for our inspection. Replacement items cannot be dispatched until the Seller has received the returned goods. The Seller will credit the Purchaser with the cost of returning the goods to us and will not charge carriage costs for delivery of the replacement goods.
On occasions, the faulty goods may have to be returned to the manufacturer, so please allow time for their assessment and report.
13. Payment
We accept online payment via PayPal (preferred), or we can accept a cheque payment. Cheques will need to have cleared prior to goods being dispatched. All transactions will be shown in £ sterling, inclusive of relevant UK taxes, where applicable. The total price of the goods ordered will be shown at the time the order is placed and has been confirmed. If ordering from outside of the UK, any customs or import duties due when your order reaches its destination are the responsibility of the Purchaser.
Your order will be acknowledged once we receive authorization of payment, via email. Please note that this email is not an order confirmation or acceptance by the Seller. Acceptance of your order and the completion of the contract between the Purchaser and the Seller will only take place on dispatch of the products ordered to the address supplied, unless we have notified you that we do not accept your order or that you have cancelled your order.
When paying by PayPal, all credit and debit cardholders and bank/building society account holders respectively, are subject to validation checks and authorisation. If the issuer of your payment card refuses to, or does not, for any reason, authorise or validate the payment, we will not be liable for any delay or non-delivery of your order caused by this.
Please do not email your card details to us, as we cannot be held responsible for security if you supply your details in this way.
All goods will remain the property of the Seller, until paid for in full by the Purchaser.
14. Pricing
All prices quoted on this website are accurate at the time of publication and are quoted in £ sterling and are inclusive of UK VAT at the prevailing rate, where applicable.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling your order.
The Seller reserves the right, by giving notice to the Purchaser at any time before delivery, to increase the price of the goods sold by the Seller to reflect any increase in cost to the Seller which is due to any factor beyond the control of the Seller.
If your order is being sent to a destination outside the EU then your sales tax will be zero. Any customs or import duties levied once the package reaches its destination will be the responsibility of the Purchaser.
15. Availability
We aim to hold stocks of all active products on our website and to be able to complete delivery of items within our stated delivery period. However, on occasions, an item may be out of stock. If goods cannot be supplied for any reason we will contact you and you will not be charged for the items ordered. We may be able to order the item for you, at your request. If an item is completely unavailable, we may be able to offer an alternative product. In these circumstances the Purchaser will have the option of accepting the alternative product, or to cancel the order in part or total. If payment has already been taken, you will be refunded for the cost of the product and any postage charges, if applicable.
All products and services offered for sale on this website are subject to availability and may be withdrawn at any time.
16. Returns, Refunds and Exchanges
Please refer to the Returns, Refunds and Exchanges page
17. Special Order Items
We are happy to consider orders for items that are outside of our normal stock lines, please contact us to discuss your requirements. We may also be able to order personalised or made to measure goods. Please note that personalised or made to measure items are non-returnable, unless faulty.
18. Product Liability
Risk of damage to or loss of the goods shall pass to the Purchaser at the time of delivery or, if the Purchaser wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery thereof.
The content in this website is for information purposes. The Seller is not providing any recommendations or endorsements to any product or services promoted on the website. The material on the website does not constitute advice and you should not use the information on the website to make any decisions or take any action.
No liability can be accepted for misuse of goods purchased and items are sold on the basis that they will be used appropriately and for the use that they are intended, under professional guidance.
19. Description
All items are described as accurately as possible and in accordance with manufacturer’s own descriptions. Please note that colours shown on your device may differ slightly to the actual colour of the product. This is due to resolution differences and the Seller cannot be responsible for colour variation.
20. Web Site Terms of Use
All of the information on this website is intended for guidance only.
The Seller reserves the right to edit or remove content, change information, prices, specifications and descriptions of listed goods and, if deemed necessary, we may modify these conditions at any time by posting them on the website.
The Seller reserves the right to refuse access to the website or cancel orders at our discretion. If we cancel an order, it will be without charge to you and you will be notified immediately.
The contents of the website may not be copied, reproduced, duplicated, sold, downloaded or distributed by any means to third parties, without our express written consent. You may copy or print details for the sole purpose of using the website while connected to the Internet. You must not use the website in any way that causes, or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You must not use the website for fraudulent purposes, spamming or any unlawful activity.
21. Copyright, Trademarks and Rights Ownership
All material, text and images contained in this website are the property of The Seller, it’s affiliates or suppliers and are protected by UK copyright and database laws. You may not extract or use any content or parts of the content of the website without written consent.
22. Fair Wear & Tear Guarantee
Some of our products carry a manufacture’s guarantee for 6 or 12 months, valid from the date of receipt and providing they are used in accordance with the manufacturer’s recommendations. In the event of goods being returned under guarantee, please contact us first. The goods will be returned to the manufacturer for their assessment and feedback regarding the validity of the item being replaced under guarantee. Please allow up to 30 days for this inspection and exchange or refund in such instances. This is in addition to your statutory rights. Under no circumstances should items be continued to be used when damaged, as you will have been deemed to have accepted the goods in their damaged condition.
General wear and tear and aging of goods over time is not to be classed as faulty goods. Goods will not be replaced due to wear and tear and general use.
Most items listed on our website carry a manufacturer’s warranty which is passed directly to the customer. The Seller has no control over the terms of the warranty if the goods are faulty on delivery. Please refer to the ‘Damaged in Transit or Faulty Products’ section
23. Our Contract
The information that you provide us with when you place an order is used for billing, delivery and contact purposes. When placing an order to purchase goods from the Seller, you will be sent an email, acknowledging receipt of the order, providing you have supplied an email address. Any Terms and Conditions specifically relevant to the Seller will be contractually binding between the Seller and the Purchaser once the order has been placed and emailed confirmation has been sent. Acceptance of your order and the completion of the contract between the Purchaser and the Seller will take place on dispatch of the products ordered to the address supplied, unless we have notified you that we do not accept your order, or that you have cancelled your order.
By providing the relevant information to us during the checkout process and so entering the contract, you authorize us to transmit or obtain information about you to or from third parties. This is for the sole purposes of authenticating your identity and address, validating your payment card and obtaining authorization for your payment. This information may include, but is not limited to, your name, address, telephone number, debit or credit card details, cheque details and credit reports. If, even after successful payment, we believe that an order may be fraudulent, we reserve the right to withhold goods until proof is obtained that confirms the transaction was not fraudulent. We reserve the right to cancel an order entirely and report the transaction to the relevant authorities, should we feel this is necessary due to fraud concerns.
24. Links to Other Websites
We are not responsible for the content or reliability of linked websites. Listings should not be taken as an endorsement of any kind. We cannot guarantee that these links will work all the time, and we have no control over their availability. We are not responsible for the practices of other websites and these links are provided for your convenience only.
25. Hygiene Regulations
Due to the Health and Safety regulations and the hygienic problems involved with the inspection of Footwear and Horse Clothing, we are unable to handle and inspect any item unless it is clean and dry (Health and Safety at Work Act 1974). Therefore, any item that has been worn by a horse cannot be returned unless believed to be faulty.
26. Customs
Goods ordered from the Seller, for delivery outside of the UK, may be subject to import duties and taxes. These charges will be levied once the parcel reaches its destination country. The Purchaser is responsible for and must pay these charges.
27. Law, Jurisdiction and Language
This website, it’s content and any contract brought about as a result of usage of this website or in connection to it, shall in all respects be governed by and interpreted in accordance with English law. All disputes arising from any such contract shall be the subject to the exclusive jurisdiction of the English and Welsh courts.
All contracts are concluded in English.
Terms and conditions and all material contained on this website are copyright of Shamalay 2022 and are subject to change at any time.
