The following terms will apply to all items purchased through the Inca Equestrian Pre-owned secondhand item market.

1. Parties/Definitions

1.1. In these Terms and Conditions, the following terms shall have the following meanings:

1.1.1. We, Us: Inca Equestrian, agent for the Seller
1.1.2. You, Your: the person using our site to buy goods
1.1.3. Seller: the private individual selling the Goods through the Inca Pre-owned market
1.1.4. Goods: goods purchased for sale on the Site
1.1.5. Site: www.incaequestrian.com

2. The contract

2.1. We act at all times as agent for the Seller.

2.2. You place an order on the site by adding items to the basket then when you are happy with your choice, proceeding to the next step and clicking “pay” to confirm your order. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. You will be asked to confirm your agreement to these Terms and Conditions prior to submitting your order.

2.3. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form confirming acceptance of your order. Our confirmation of acceptance of your order brings into existence a legally binding contract between you and the Seller.

3. Price

3.1. The prices payable for goods that you order are as set out on the Site.

3.2. You will be required to pay extra for delivery.

4. Cancellation by us

4.1. We reserve the right to cancel the contract if:

4.1.1. we have insufficient stock to deliver the goods you have ordered;
4.1.2. we do not deliver to your area; or
4.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error.

4.2. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1. Information as to delivery options and charges is provided on the site. It may not be possible for us to deliver to some locations.

5.2. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

5.3. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

5.4. You will become the owner of the goods you have ordered when they have been delivered to you, prior to which ownership of the goods remains with the Seller. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. Returns – goods not as described on website

6.1. All goods sold are pre-owned (second-hand) and are likely to have been worn/used at least once. As such, they may not be in perfect condition, though we will endeavour to accurately describe the condition of all goods on the site. If the goods are not as described on the site or have a fault not described and you wish to return them, you must contact us immediately on receipt of the goods and send the goods back to our contact address at your own cost and risk within 7 days of receiving them. Any sum debited to us from your credit card, plus the reasonable cost of return postage, will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

7. Returns — any other reason

7.1. Because the goods are pre-owned, second-hand garments and because the Seller is a private individual not selling in the course of a business, statutory consumer rights that would apply in the case of a business seller will not apply to this contract. However, if you wish to return the goods for any reason other than the goods not being as described on our website, you may do so within 7 days from the date on which you purchase them from us.

8. Liability

8.1. If the goods we deliver are not what you ordered or are not as described on the website or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

8.2. If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

8.3. If you notify a problem to us under clauses 1 or 8.2 above, our only obligation will be, at your option:

8.3.1. to make good any shortage or non-delivery (subject to availability);
8.3.2. to refund to you the amount paid by you for the goods in question in whatever way we choose.

8.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 3.2 above.

8.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

8.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

8.7. The Seller shall have no liability to you beyond our liability as stated in these Terms and Conditions

9. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

13. Entire agreement

These terms and conditions, together with our current website prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.