TERMS AND CONDITIONS OF SALE
THV Saddling Limited
THV: means THV Saddling Limited t/a The Horse’s Voice Saddling whose registered office is at Micklehead Green Farm,
Sutton Manor, St.
Helens, Merseyside. WA9 4AG. UK
Order Application Form: the form completed by potential Clients to buy the Good(s) from THV
Order Confirmation: the written confirmation of order or invoice or acknowledgement or other written document confirming THV’s acceptance of the Client Order Application Form for the Goods
Bespoke Goods: means those items to be supplied under an Order Application Form which are non-standard stock items including all saddles, pads and sundries that have been ordered specifically for the Client
Cancellation Administration Fee: is the cancellation fee chargeable by THV on any cancellation or refund of Goods which shall never exceed a maximum of 25% of the purchase price as set out in the Order Confirmation, (a table of these charges is available upon request) plus, in addition, any third-party charges which shall include but not be limited to any bank charges, credit card charges, import dutiesetc.
Consultant: a third party who has helped the Client to decide on the suitability and range of the Goods for their needs.
Contract: the contract or contracts for the supply of Goods under the terms set out below
Client: the person, firm or company that purchases the Goods from THV and who is named in the Order Confirmation Form
Delivery: delivery of the Goods
Delivery Point: the place where the Goods are to be delivered as set out in the Order Application Form
Deposit: means the deposit as more particularly described in the Order Application/Payment Form and Order Confirmation.
Goods: means products sold by THV as listed on its website as updated from time to time and as more particularly set out in the Order Application Form
Saddle: means the saddle the full description of which is set out in the Order Application Form
1.1 These conditions will apply and be incorporated into the Contract. They will override terms that you (“the Client”) may have sent or may
send to THV or any written correspondence or verbal communication including any advice or recommendation made before THV accepts
the order. THV will not accept any changes to these terms other than those specifically agreed and confirmed inwriting.
1.2 THV registered Saddling Consultants or THV registered Saddling Stockists will make visits to potential Clients to describe the Goods in
detail to such potential Clients and if relevant will assist such Clients to fill out the Order Application Form, or to compile the documents
required by THV to create and send an Order Application Form to the Client.
1.3 Once the Order Application Form has been completed and signed by the Client, the Form, incorporating these terms and conditions along
with any other documents needed to accept the Order, will be sent to THV with the required Deposit. Order Application Forms may be
sent by mail, or by e-mail. Where an Order Application Form is sent by e-mail this must be via a scanned or photographed image and
returned as a jpg or pdf file. The document must have the full signature of the person who is buying the Goods. Electronic Signatures are
1.4 Upon receipt of the Order Application Form, and the required minimum Deposit either by credit/debit card or by bank transfer, THV will
confirm the order with the manufacturer and allocate the Client’s Order Application Form with a saddle stock number. THV will then issue
the Client with an Order Confirmation via email. At this point a Client will only be entitled to cancel an Order in accordance with Clause 3
1.5 THV may refuse to accept or process an Order Application Form at its complete discretion.
2.1 The quantity and description of the Goods shall be as laid out in Order Application Form and confirmed by the client. All samples,
drawings, descriptive matter, specification, and advertising issued by THV and any descriptions or illustrations contained on THV’s
website, or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They
do not form part of the Contract.
2.2 Whilst the manufacturers endeavor to maintain continuity with colours, choosing the quality of the leather is a priority over colour
matching. For this reason, THV cannot guarantee an exact colour match to examples that may have been shown to potential Clients
prior to receipt of the Order Application Form.
3 CANCELLATION BEFORE OR AFTER THE GOODS ARE DISPATCHED.
3.1 Once a saddle has been ordered from the manufacturer on behalf of the Client, the option to cancel the order will depend entirely on
whether THV can cancel the order with the manufacturer, without penalty. If the manufacturer has not started to cut the materials or
build the saddle, it may be possible to cancel the order. Any such cancellation must be requested in writing by the Client as soon as
possible. THV will then check and confirm with the manufacturer, whether the order can be cancelled or not. If it is possible, then a
refund of any deposit will be arranged, after costs have been deducted relating to admin., and charges relating to the bank or merchant
3.2 Once a saddle is in work, the option to cancel the order no longer applies.
Terms and Conditions of THV Sale for Saddle Orders. All Countries. August 2023
4. PRICE OF THE GOODS
The price for the Goods shall be as set out in the Order Application Form and Confirmation email. The price is excluding tax when Goods
are supplied to countries outside of the United Kingdom but including all costs or charges in relation to packaging, loading, unloading,
carriage and insurance on the terms set out below.
5.1 Payment of the price for the Goods is due in pounds sterling as set out in the Order Application/Payment Form andConfirmation.
5.2 Where the Goods are being supplied from existing stock, then the full purchase price will be due for payment in cleared funds in full
before the Order Application is confirmed and the goods dispatched.
5.3 Where Goods are to be ordered for the client from the manufacturer, payment will be due in two stages.
5.3.1 Stage 1 will be paid by the Client in cleared funds as a Deposit on the sending of the Order Application Form. Until this payment
is received, no Order Confirmation will be sent.
5.3.2 Stage 2 the balance of the purchase price is due in cleared funds on Client receiving notification from THV that the Goods are
ready for dispatch. Payment details are as set out on the Payment Form and Order Confirmation.
6.1 THV will notify Client when the Goods are ready to be dispatched. Goods will not be dispatched until Client has paid the balance of the
purchase price due in respect of the Goods plus all charges relating to the delivery of the Goods and returned the completed and signed
Order Application Form to THV.
6.2 Unless otherwise agreed in writing by THV, Delivery of the Goods shall take place at the Delivery Point or Points stipulated by the Client
in the Order Application Form or as may be notified in writing to THV subsequently prior to dispatch.
6.3 Clients with deliveries outside the UK will be provided with courier details as necessary, to enable Client to track the progress. Client will
be responsible for the payment of all applicable taxes and import duties that may arise as may be advised by either THV or the courier
6.4 Any dates specified by THV for Delivery of the Goods are intended to be an estimate and time shall not be of the essence by notice. If no
dates are specified Delivery shall be within a reasonable time.
6.5 If for any reason Client fails to accept any of the Goods when they are ready for Delivery, or THV is not able to deliver the Goods on time
because Client has not provided appropriate instructions, documents, licences or authorisations then under this Contract the Goods will
be treated as having been delivered to the Client, even though they remain in THV’s possession, and from this point THV will hold the
Goods for the Client as bailee. THV will store the Goods until delivery, and Client shall be liable for all related costs and expenses (including
without limitation, storage, and insurance).
7.1 The quantity of any consignment of Goods as recorded by THV on dispatch from THV’s place of business shall be conclusive evidence of
the quantity received by Client on delivery unless Client can prove to the contrary with conclusive evidence.
7.2 THV shall not be liable for any non-delivery of the Goods(even if caused by the negligence of THV) unless Client gives written notice to
THV of the non-delivery within 24hrs of the date when the Goods would in the ordinary course have beenreceived.
7.3 Any liability of THV for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note
at the pro- rata Contract rate against an invoice raised for such Goods.
8.1 Once the Goods have been dispatched, THV will only accept the return of the Goods in the case of a proven manufacturing fault which
is reported within the manufacturer’s period of guarantee. All THV Saddles go through a strict Quality Control Process before dispatch,
and therefore the likelihood of there being a manufacturing fault is highly unlikely. However, any suspected ‘fault’ must be reported
immediately upon receipt of the Goods and the item in question will need to be returned to the manufacturer or his approved agent
(contact the THV office for details) for inspection, accompanied by a report on the alleged ‘fault’ written by the Client in order to be
assessed. Any costs relating to the return of the Goods must initially be borne by the client. These will be refunded to the client upon
receipt of written proof ofsaid costs and only if the Goods are proven to be faulty after inspection. If the manufacturer verifies the fault,
then Goods will be repaired or replaced and returned to the Client without further cost to theClient.
Please note: Changes to the saddle once in use, such as uneven compression of panels or distortion of the tree, the seat or panels will not
be accepted as a ‘fault’ under the warranty. These issues arise from uneven patterns of movement and loading between the horse and
rider, which neither the manufacturer nor THV has any control over.
9.1 Since THV is not the manufacturer of the Goods, it cannot offer any direct manufacturer guarantees but will use itsreasonable endeavors
the benefit of any manufacturer’s guarantee given to THV to the Client.
9.2 THV warrants that (subject to the other provisions of these conditions) on Delivery the Goodsshall:
9.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
9.2.2 be reasonably fit for use as a saddle or saddle system.
IMPORTANT NOTE: THV MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. This clause in no way limits a consumer’s statutory rights.
9.3 Any warranties under Clause 9.2 above or any guarantees are only given in respect of Goods which have been subjected to Normal use
and care. “Normal use and care” would be taken as being up to 3 hours of use per day and for the saddle to be kept in good condition
i.e. cleaned, conditioned and stored correctly in accordance to information provided in the THV Saddling Manual. If a Client plans to use
Terms and Conditions of THV Sale for Saddle Orders. All Countries. August 2023
the saddle for longer periods on a regular basis, the manufacturer’s guarantee period may be reduced to allow for the increased wear
and tear that is likely to be placed on the product.
Changes to the saddle once in use, such as uneven compression of panels or distortion of the tree, the seat or panels will not be accepted
as a ‘fault’ under the warranty. These issues arise from uneven patterns of movement and loading between the horse and rider, which
neither the manufacturer nor THV has any control over.
9.4 THV shall not be liable for a breach of the warranties in condition 9.2 unless:
9.4.1 Client gives written notice of the defect to THV where such damage is as result of damage in transit by the carrier, within
24hrs of the date received: and
9.4.2 THV is given a reasonable opportunity of examining such Goods together with the packaging which may be by detailed
photographic evidence and Client (if asked to do so by THV) returns such Goods (with packaging) to THV’s place of business
initially at the Client’s cost for the examination to take place there.
9.5 THV shall not be liable for a breach of any of the warranties in condition 9.2 if:
9.5.1 Client makes any further use of such Goods after giving such notice: or
9.5.2 the defect arises because Client failed to follow the oral or written instructions of THV asto the storage, fitting, use or
maintenance of the Goods; or
9.5.3 Client alters or repairs such Goods without the written consent of THV.
9.6 Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with the warranties in condition 9.2 THV shall at its option
repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro-rata Contract rate provided that, if THV
so requests, Client shall, at Client’s expense, return the Goods or the part of such Goods which is defective to THV.
9.7 If THV complies with condition 9.5 it shall have no further liability for a breach of the warranties in condition 9.2 in respect of such Goods.
9.8 Any Goodsreplaced shall belong to THV and any repaired or replacement Goodsshall be delivered on the same terms asthe original Goods.
10 LIMITATION OF LIABIITY
10.1 This condition sets out the entire financial liability of THV (including any liability for the acts and omissions of the employees, agents
and sub- contractors of THV) to Client in respect of:
10.1.1 any breach of the Contract;
10.1.2 any use made by Client of the Goods;
10.1.3 any representation, statement, or act or omission in tort (including negligence) arising under or in connection with the
10.2 All warranties, guarantees, conditions and other terms implied by statute and common law are to the fullest extent permitted by law
excluded from the Contract.
10.3 Nothing in these conditions limits or excludes the liability of THV for death or personal injury arising from its negligence or for any damage
incurred by Client as a result of fraud or fraudulent misrepresentation by THV.
10.4 Subject to clause 9.3 above THV shall not be liable whether in tort, contract, misrepresentation or otherwise for:
10.4.1 loss of profits;
10.4.2 loss of business;
10.4.3 loss of contract;
10.4.4 any special, indirect, consequential or pure economic loss.
10.5 Subject to clause 10.3 above the total liability of THV in contract, tort, misrepresentation, restitution or otherwise arising in connection
with the supply of the Goods shall be limited to the price paid for the Goods.
Client shall not without THV’S prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of
its rights or obligations under the Contract.
On termination of the Contract for whatever reason THV will be entitled to payment for all or any Goods that Company has properly
provided to Client prior to the date of termination.
13. THIRD PARTIES
The Contract is made for the benefit of the parties to it and is not intended to benefit or be enforceable by anyone else.
14.1 THV will not be liable for any breach of the Contract as a result of any circumstance beyond its reasonable control. THV will notify Client
immediately if such a circumstance arises and work with Client to alleviate the issue, but this will be the total extent of the liability of THV
under this Contract.
14.2 If either party choosesto waive orignore a breach ofthe Contract,then this will not preventthem from taking action in respect ofthe same
type of breach at a future date.
14.3 Notices to be given under this Contract must be made in writing to the address written on Order Application Form or such other address
as Client or THV may notify to the other from time to time. Notices will be sent by recorded delivery, hand delivered or email that must be
14.4 The Contract will be governed by English Law and will come under the exclusive jurisdiction of the EnglishCourt.