Terms & Conditions
The Triple Crown Custom Terms and Conditions
Thank you for visiting us at Triple Crown Custom, a brand of Horseware Products Limited, a company registered in Ireland under company number 107321 with registered office at Horseware Buildings, Finnabair Industrial Estate, Dundalk, Co. Louth (“Horseware”, “we”, “us” or “our”). Our main trading address is Horseware Buildings, Finnabair Industrial Estate, Dundalk, Co. Louth.
The Terms and Conditions will apply to your use of the Website and to any contract between us for the sale of products to you via the Website. Please read these Terms and Conditions carefully before placing your order and, if you have any questions, please contact our Customer Service team at email@example.com. By using the Website you certify that you are above the age of majority in your jurisdiction, and are agreeing to be bound by these Terms and Conditions and any additional terms and conditions that may be applicable to certain promotions, events or otherwise from time to time.
These Terms and Conditions will change from time to time so please regularly check this page to note any changes that may be made. Changes to Terms and Conditions will only apply to orders placed after that change has been made. Further terms and conditions will be in force for events, promotions and other activity on the Website from time to time and you should also familiarize yourself with such further terms and conditions as they arise.
You may use the Website only in accordance with these Terms and Conditions for lawful and proper purposes which must be in compliance with all applicable laws, regulations and codes of practice in the United States and any other jurisdiction from which you are accessing the site.
If you are provided with a User ID, password or other information as part of Our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. We reserve the right to disable any User ID or password either chosen by you or allocated by Us in the event that We believe you may have failed to comply with the Terms and Conditions.
You are responsible for your method of access to the Website. You are also responsible to ensure that all persons accessing the Website through your internet connection are aware and in compliance with the Terms and Conditions.
Submissions and License Grant
In using the Website you agree that:
- all Submissions you submit to the Website will be true, accurate, current, complete and non-misleading;
- you will not disclose any unauthorized, false, misleading or fraudulent information;
- you will not post, transmit or otherwise disseminate any information on or via the Website which is or may be unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
- you will not post, transmit or otherwise disseminate any materials on or via the Website that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy;
- you will not post on the Website any advertisements, solicitations or spam links to other web sites or individuals, nor any content that contains viruses or other harmful computer code.
We shall have the right, in our sole discretion, to edit, move, delete, or refuse to post any Submissions on the Website for any reason, including violation of these Terms and Conditions, whether for legal or other reasons. You agree to indemnify us for any claims resulting from your Submissions. We will not be responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Website.
How we Use Your Personal Information
You may purchase certain goods online at the Website. The delivery times given are estimated and from time to time may be affected by events outside our control, for example inclement weather or postal strikes, for which we will not be responsible.
By placing an order online you make an offer to purchase in accordance with these Terms and Conditions. We will acknowledge receipt of your order both online and via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been dispatched and payment has been made. For orders paid via credit or debit cards, your account will be charged at the time of order. You will be responsible for all applicable taxes, duties or other charges that may be applied by us or otherwise to your order. Once we accept your order it cannot be amended. Therefore please ensure it is accurate when you confirm the order.
We reserve the right to refuse any order for any reason. Orders may be delayed or cancelled where we are not given completely accurate information and/or is unable to contact the person who placed the order or cardholder responsible for payment of same.
Delivery time is between 10-15 working days from the date of purchase. Delivery times cannot be guaranteed. Please see our Returns Policy for conditions and method of return.
Presentation, Pricing and Availability of Goods
The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the styles and colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the products. Your products may vary slightly from those images. We always aim to ensure that all details, sizes, colors, descriptions and prices appearing on the Website are accurate, but from time to time errors may occur. Where we have made an error in the price of an item on our site we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price, or cancel the order.
Prices are subject to change without notice.
All items sold are subject to availability and while every effort is made to fulfil your order, products turn over very quickly in our warehouse and on rare occasions the item you require may not be available although you have received a confirmation of your order. We will advise you by email if we have to cancel your order for this reason, and a refund or credit note will be arranged.
Although the Website is available worldwide, not all products or services discussed or referenced are available to all persons in all geographic locations due to restrictions placed on product distribution by our suppliers or otherwise. We reserve the right to limit, at our sole discretion, supply of these products and services as we so desire, and any offer of any product or service on the Website shall be void where prohibited.
All prices quoted on the Website are inclusive of taxes, fees and delivery costs. You will see estimated taxes, fees and delivery costs when you place your order. The final taxes, fees and delivery costs will be clearly displayed and included in the total cost when you check out.
If you are paying by credit or debit card, we will carry out a standard pre-authorization check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be dispatched until the pre-authorization check is complete and authorization has been provided by the card issuer. We are not responsible for any failure of the card issuer to provide authorization and will not ship your order until authorization has been received by Horseware. By placing an order you confirm you are the authorized card holder. Your credit or debit card will be charged at the time of order. All prices are quoted and charged in U.S. dollars. Shipping is available only to the U.S. and Canada. To order from another country, please email us at firstname.lastname@example.org.
If we are unable to ship your items to you for some reason, we will refund the amount charged for the items that were not sent. This refund will be made to the payment method that you used for the order.
We take reasonable care to safeguard against unauthorized parties accessing your order information. However, we shall not be held liable for any loss caused by a third party accessing the information you have provided while using the Website.
From time-to-time we may offer certain online promotions which may apply to certain items purchased on the Website. The conditions relating to the discounts offered through those promotions will be specified at the time of issue.
Linking to the Website
You may link to the Website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe, in our sole discretion, these guidelines are not followed.
- The link must be done in a way that is fair and lawful and neither damages nor takes advantage of our reputation;
- The link must not suggest any form of association, approval or endorsement on our part where none exists;
- You must not establish a link from any website that is not owned by you;
- The Website must not be framed on any other site.
Third Party Sites
The Website may also contain links to other sites operated by us. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.
Copyright, Trademark and other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by us or our suppliers. All software used on the Website is property of us or our suppliers or third party suppliers, as applicable, and is protected by Irish and international copyright and other intellectual property laws. Subject to these Terms and Conditions, you may access, view, download, and print the Content for your personal and non-commercial use only. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
- You may print off a copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organization to material posted on the Website;
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from the Website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
- Our status (and that of any identified contributors) as authors, owners or licensees of material on the Website must always be acknowledged;
- You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors;
- If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made;
- We reserve the right to claim damages, financial or otherwise, for any breach of these guidelines.
Social Media House Rules
Our social pages on Facebook, Twitter, Pinterest, Tumblr and Instagram (the “Horseware Social Communities”) have been created with you in mind. We want to show you what we are doing and communicate with you on things that interest you and, at the same time, provide a channel where you can engage and interact with others who have similar interests to you. That being the case we want everyone to feel comfortable visiting the Horseware Social Communities to discuss sport, sports apparel and sports fashion. This means we monitor and review comments and remove anything that we deem to be inappropriate, offensive or contain external links that we feel might cause offense to other users. Comments left by others do not represent our opinions.
A list of things that we consider to be in breach of our house rules for the Horseware Social Communities includes, without limitation:
- Any comments which we consider threatening, harassing, abusive, violent, inciting violence or otherwise inflammatory to others (including other social media users) will be removed and users may be banned.
- Any posts that are seen to be encouraging or may encourage conduct that would be considered a criminal offence will be removed and users may be banned.
- Any comments that are discriminatory, racist, sexually explicit, vulgar, or offensive to others (including other social media users) will be removed and users may be banned.
- Any comments that contain unlawful content or might encourage unlawful behavior will be removed and users may be banned.
- Any comments that included promotional information, including links to third parties or their products or services may be removed.
- Any comments that contain political or religious activism or sectarian language will be removed.
- Any content that infringes or may infringe third party intellectual property, privacy, or publicity rights will be removed.
- Any content, comments or posts that are defamatory will be removed.
- False, fraudulent, or misleading comments may be removed.
- Any content that we consider to be spam, corrupt or may contains viruses that will be harmful to other users devices will be removed.
The Horseware Social Communities are third party websites and therefore, in addition to the guidelines above, are subject to our policy on Third Party Sites.
LIMITED PRODUCT WARRANTY
Except as stated below, Horseware warrants that the Triple Crown Custom products offered through this Website will be free from defects in material and workmanship, under normal use
and service for a period of one (1) year from the date of shipment. Horseware warrants components supplied by others and incorporated into the products only to the extent of the express warranties made by the suppliers of such components. This limited warranty extends only to the original end user purchaser of the products and does not cover normal wear and tear of parts or damage or loss resulting from misuse, accident, neglect, or improper installation or maintenance.
Any item that has been determined by Horseware not to conform with this limited warranty, will be subject to the following: Horseware will, at its option, either (a) repair the item, (b) offer to pay for local repair (prior to return), provided that the repair does not change the performance characteristics of the product, or (c) send you a replacement and Horseware shall bear all shipping costs. You may contact us at email@example.com to make a warranty claim under this limited warranty.
The warranty period for repaired or replaced components shall be the remainder of the original
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY PROVIDED BY
HORSEWARE FOR THE PRODUCTS AVAILABLE ON THIS WEBSITE AND IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES OF QUALITY, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS, ALL OF WHICH ARE HEREBY DISCLAIMED. YOU HEREBY WAIVE ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE. NOTWITHSTANDING ANY PRIOR STATEMENT, WRITTEN OR ORAL, HORSEWARE MAKES NO OTHER WARRANTIES REGARDING THE QUALITIES OF ITS PRODUCTS OR THE MATERIALS INCORPORATED THEREIN.
Disclaimer of Warranty for Website
THIS WEBSITE IS PROVIDED BY HORSEWARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HORSEWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE AND, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HORSEWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HORSEWARE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HORSEWARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL HORSEWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless Horseware and our directors, officers, employees, consultants, agents and affiliates, from any and all claims, liability, damages and/or costs (including but not limited to, legal fees) arising from or related to your use of the Website or any breach by you of these Terms and Conditions.
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of the Website.
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 the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning and intent of the term as is permitted by law.
Any contract arising from the acceptance by us of an order is legally binding on both parties and cannot be assigned by you to another party without our express agreement. We may transfer or assign our rights under any contract or appoint third parties to assist us in performing our obligations at any time provided it does not affect our obligations to you.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of the State of North Carolina and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the state and federal courts, in each case located in the State of North Carolina.