New and Custom Saddle Sales
Terms & Conditions
This document contains the terms and conditions upon which Saddle4you (S4U) sells custom saddles and other brand-new saddles to its customers.
PLEASE READ THIS DOCUMENT CAREFULLY
Definition of Custom Saddle: S4U offers Custom Saddles made by Harry Dabbs Saddlemakers, which are defined as saddles made to order for Customers. New Saddles are defined as saddles that are brand new, but not made to order. New Saddles do not include previously owned saddles or demonstration model saddles, regardless of such saddles’ condition. S$U can change and amend these terms at any time. See amendment date at bottom of document.
Terms of Sale: Purchase of any Custom or New Saddle sold by S4U to a Customer shall be subject to and limited by the terms and conditions herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by S4U. S4U reserves the right to amend these terms and conditions at any time, and Customer shall be deemed to accept such amended terms and conditions by ordering or purchasing a Custom or New Saddle after the date of such amendment.
Deposit and Payment: At the time of order, Customer must pay a deposit of the purchase price of each Custom and New Saddle described in the order/invoice (the “Deposit”). S4U accepts the following methods of payment: Bank Transfer, Cash, MasterCard, Visa.(3.5% fee applies to Credit card transactions) If the Deposit is not paid in full at the time a Customer places an order, S4U will not place the order until receiving payment in full of the Deposit, and S4U may cancel the order in its sole discretion. When S4U has received a Customer’s order and is prepared to ship or personally deliver, as applicable, the saddle(s) described in such order, S4U will notify Customer. If the order will be shipped to Customer, prior to shipment, Customer shall then pay the remaining amount of the order and if applicable, shipping. If S4U personally deliver the order to the Customer, Customer shall pay the remaining amount of the order upon delivery If S4U cancels an order due to non-payment by Customer, S4U shall refund the Deposit to Customer, less a restocking fee of 20% of the total purchase price of the saddle(s) described in the applicable order.
Upon receipt of a Custom or New Saddle, Customer shall have a bedding in period and detailed guidelines to follow. If Customer wishes to return a Custom or New Saddle for improper fit or any other reason, Customer must notify S4U in writing within 7 days. In the event that Customer returns a Custom or New Saddle to S4U, it must be clean and in new condition. For Custom and New Saddles returned pursuant to this section, S4U shall refund the purchase price of the saddle actually received from Customer, less a 30% restocking fee. All returns are subject to the additional terms and conditions specified in “Returns” below. All returns due to any saddle fit issues are subject to the additional terms and conditions specified in “Custom Saddle Fit” and “New Saddle Fit” below.
If there is a question as to fit, the S4U must be notified within 24 hours of delivery, and allowed to evaluate the saddle and make every reasonable attempt to adjust the fit prior to Client returning the saddle. The saddle was made to fit the horse at the time the original tracing was taken and occasionally needs adjusting at the time of delivery. These are the only conditions under which a custom made saddle will be considered for return / refund. The customer is expected to confirm for himself the suitability of the fit on delivery/ test ride, and acceptance of delivery is taken as acceptance of suitable fit on the day of delivery. As there are so many variables with equines & riders no responsibility will be taken for fit after delivery. S4U always strive for the perfect fit and this is ongoing however this cannot be guaranteed due to the number of variables.
Title and Delivery. Title and risk of loss of or damage to each Custom and New Saddle will pass to Customer upon delivery to Customer. S4U shall arrange for shipping of each saddle by courier, prepaid and insured for the saddle’s purchase price or will personally deliver. Shipping of New Saddles, and of Custom Saddles shipped to locations outside NZ shall be at Customer’s expense. S4U’s delivery dates are estimates only but due to covid generally average 12-14 weeks from initial fitting. S4U will use reasonable efforts to deliver in accordance with the delivery dates, but may change those dates as it deems necessary. S4U will not be liable for failure to deliver by the estimated dates. Customer may not cancel, delay, or reschedule any order placed with S4U unless S4U consents in writing to such cancellation, delay or rescheduling.
Saddle Use: Customer understands and agrees that Customer is solely responsible for proper use of each Custom and New Saddle, and that improper use may void any warranties provided by S4U or Harry Dabbs. Proper use shall include, but not be limited to, the particular equestrian discipline for which the Custom or New Saddle was designed.
No guarantee to fit applies to Custom or New Saddles used on horses other than the horse it was originally made or fitted to.
Saddle Care: S4U highly recommends that Customers clean their saddles after each use. Customers should only use leather care products specifically designed for use on saddles, and use such products only as directed. To protect the integrity of a saddle’s color, Customers should avoid applying leather care products directly to the saddle and instead apply such products with a cloth or sponge as instructed by the product directions. Failure to properly care for a Custom or New Saddle will void all warranties.
Custom Saddle Fit
In the event that the Custom Saddle does not in fact properly fit Customer and/or Horse, and such improper fit is due to causes other than the Custom Saddle’s failure to conform to data provided by Customer at the time of order, S4U shall, upon Customer’s request and at Customer’s expense (including round-trip shipping), make appropriate adjustments to the Custom Saddle. Adjustments may be necessary due to the time frame between horses shape on ordering and on delivery. Improper saddle fit may result from many reasons beyond S4Us reasonable control, including but not limited to inaccurate measurements or other data provided by Customer’s saddle fitter, changes in Horse’s and/or Customer’s weight or muscle condition, injuries, fitness etc. S4U will not be resonsible for incorrect fit claims by saddle fitters not authorised by S4U to fit Harry Dabbs Saddles. The client must recognise that horses can change shape quickly and recognise that the saddle may need refitting when these chages occur and that a 'custom fit' does not mean that the saddle will not need regular adjustments.
New Saddle Fit: Prior to placing a New (non custom) Saddle order with S4U, we highly recommend that Customer engage S4U or a professional saddle fitter to measure Customer’s horse(s), at Customer’s expense. Customer understands and agrees that the role of the saddle fitter is crucial to achieving a proper saddle fit for Customer’s horse(s), and that S4U cannot make any model or size recommendations without accurate measurements provided by a professional saddle fitter. If, upon receipt of a New Saddle, Customer has determined that the New Saddle does not properly fit Horse and/or Customer, Customer shall notify S4U within 7-Days and may return the saddle pursuant to the terms and conditions set forth in “Returns” below.
Post-Purchase Saddle Fit: As Custom and New Saddles are used, they change shape as the flocking settles. Horses also change shape based upon exercise, fitness, diet, injury and other factors. Accordingly, S4U highly recommends that each Customer have S4U saddle fitter check the fit of a newly purchased Custom or New Saddle, or reflocked Custom or New Saddle six to 12 weeks after such saddle is first put into use, and thereafter, every 6 to 8 months. Custom Saddles are designed only for use only on the horse(s) and by the person(s) for which Customer provided measurements to S4U, and use of any saddle, including a Custom or New Saddle, on another horse or by another person may alter such saddle’s shape and therefore make it unsuitable for the original intended use(s).
Limited Warranty: S4U offers a lifetime warranty on each Custom and New Saddle tree and a 12-month limited warranty on all other Custom and New Saddle materials and workmanship. Such limited warranties only apply in the event that a Custom or New Saddle is defective in materials or workmanship, and such limited warranties extend only to the Customer who purchased the Custom or New Saddle directly from S4U. If a Custom or New Saddle is defective in materials or workmanship, S4U will repair such Custom or New Saddle at its expense up to one year from the date such saddle was purchased. Custom or New Saddles and/or Custom or New Saddle trees broken or damaged due to any of the following reasons are ineligible for repair: (a) post-purchase wear and tear; (b) atypical use of the saddle; (c) failure to properly maintain the saddle; (d) defective maintenance of the saddle; and (e) modification or repair by Customer or third parties (including saddle fitters and reflockers). Harry Dabbs’s obligations pursuant to this limited warranty are conditioned upon S4U’s inspection and approval of Custom and New Saddles upon their return. If S4U determines, in its sole discretion, that any returned Custom or New Saddle is not in fact defective in materials or workmanship, S4U shall have no repair or replacement obligations whatsoever with regard to such saddle, notwithstanding S4U’s issuance of a written return authorization. In the event that a Custom or New Saddle tree is damaged, the saddle must be shipped back to the Harry Dabbs in Walsall for replacement. Customer is responsible for all shipping costs to and from Walsall as well as labor to install the new tree. Warranties are not transferrable and do not apply to Used or Demonstration Saddle.
S4U offers no other warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
There is NO warranty provision on trees that have been adjusted by a non approved person (by S4U or Harry Dabbs) from the manufacturer’s original condition.
Returns: In the event that a Customer wishes to return a Custom or New Saddle for any reason, the Customer must first contact S4U by email and explain the reason(s) for return. If within the first 7 days, S4U will issue a written return authorization to Customer. Otherwise, S4U may, in its sole discretion, issue a written return authorization to Customer. Within 7 days after receiving a written return authorization from S4U, the Customer must pack the saddle appropriately for shipment, ship the saddle to S4U, and insure the saddle for its full value, all at Customer’s expense. S4U is not obligated to accept the return of any Custom or New Saddle without having first issued a written return authorization for the specific saddle being returned. Any unauthorized saddle returns received by S4U will be disposed of by S4U with no further obligation to the Customer.
Limitation of Liability. Customer agrees that Customer is solely responsible for inspecting all of Customer’s tack and equipment, including any saddles, prior to each use to ensure that such tack and equipment are in good repair and in sound condition. Customer understands and agrees that improper saddle fit can cause temporary or permanent discomfort or injury to equines and/or riders, and may also cause equines to buck, rear, or otherwise react in an unexpected and potentially dangerous manner. Accordingly, before using any saddle, Customer is solely responsible for ensuring that such saddle properly fits the equine and its rider. If saddle fit is improper, Customer understands that it is Customer’s sole responsibility not to use such saddle until or unless the fit can be adjusted. Under no circumstances shall S4U be liable to any Customer for any special or consequential damages, including but not limited to medical or veterinary expenses. In addition to the other limitations on S4U’s liability set forth in these terms and conditions, under no circumstances shall S4U’s liability in connection with any Custom or New Saddle exceed the total purchase price of such saddle actually received by S4U from Customer in connection with such saddle.
Notices. All notices pursuant to these terms and conditions must be in writing. For the purposes of these terms and conditions, Email notice is only effective if the receiving party confirms receipt. All notices pursuant to these terms and conditions must be delivered via a method that provides for proof of delivery.
All notices must be delivered to S4u at the following address:
182 Onamalutu Rd, Blenheim RD5 7275
Tel: 021 339767 Email: firstname.lastname@example.org
All notices must be delivered to Customer at the address provided in the order form provided by Customer to S4U. If Customer does not provide S4U with notice of changes in Customer’s contact information, a notice delivered to the last contact information given by Customer to S4U shall be considered proper notice provided that the other conditions of this section have been met.
No Waiver. No action or inaction by S4U shall be construed as a waiver of any of these terms and conditions.
Issue dated 14 May 2021