1.1   Saracen Horse Feeds Ltd is registered in England and Wales under company number 07130140 and has its registered office at The Forstal, Beddow Way, Aylesford, Kent, ME20 7BT. Its VAT number is GB 892 201434.

1.2   www.saracenhorsefeeds.com is a site operated by Saracen Horse Feeds Ltd.

1.3   The Seller is a private company limited by shares. If the Buyer wishes to contact the Seller, please see the Seller’s contact details in Paragraph 13 below or click on the “Contact” tab on the Site to find the details.

1.4   If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your order.

1.5   Please see Paragraphs 14 and 15 for the definitions and rules of interpretations that apply to these Terms and Conditions.

2.1   These Terms and Conditions set out the terms on which the Seller sells the Goods and provides the Services.

2.2   By placing an order in person or via Remote Sale, the Buyer offers to purchase the Goods and/or Services on these Terms and Conditions. A Contract is formed when the Seller accepts the order in accordance with these Terms and Conditions.

2.3   These terms supersede any previous terms of sale.

Application of these Terms and Conditions

2.4   These Terms and Conditions apply to the Contract with business customers and Consumers (whether purchased at a distance, on the Site, or in person).

2.5   Where a term applies only to business customers or only to Consumers, this is clearly stated; otherwise, it applies to both.

2.6   You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

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3.1   The Seller warrants upon delivery and for a period of 3 months after delivery (or such shorter time as may be specified on Goods packaging or labelling, delivery notes or any other form of writing), that:

(a)   the Goods will correspond as far as reasonably possible with their specification and will be of satisfactory quality; and

(b)   the Services will be provided using reasonable care and skill.

3.2   In respect of supplies to Consumers, the Seller does not exclude, limit or restrict liability for:

(a)   any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or

(b)   defective products under the Consumer Protection Act 1987.

3.3   Subject to Paragraphs 3.4, the liability in aggregate of the Seller in respect of negligence, misrepresentation or any breach of the Contract shall be limited to losses suffered by the Buyer in the amount which is the greater of (i) twice the value of the relevant order from the Buyer and (ii) £10,000 in respect of an order for Seller’s Bonded Feeds, and £1000 in respect of other orders.

3.4   Nothing in these Terms and Conditions shall limit or exclude the Seller’s liability for:

(a)   death or personal injury to humans caused by the Seller’s negligence;

(b)   fraud or fraudulent misrepresentation; or

(c)   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

3.5   Except to the extent expressly stated in Paragraphs 3.2 and 3.3 and subject to Paragraph 3.1(a), all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded in respect of supplies to business customers.

3.6    The Seller will not be liable for any:

(a)    loss of income or revenue;

(b)   loss of business;

(c)   business interruption or loss of business opportunity;

(d)   loss of profits or contracts;

(e)   loss of anticipated savings;

(f)   loss of data;

(g)   loss of goodwill or reputation;

(h)   wasted management or office time; or

(i)    any consequential loss,

arising as a consequence of the provision of Goods and/or Services under this Contract.

3.7   The Buyer agrees that the Seller shall be under no liability for losses to the extent arising:

(a)   in respect of any defect in the Goods or Services arising from any design, special order or specification supplied by the Buyer;

(b)   in respect of any defect arising from fair wear and tear, deterioration, wilful damage or negligence of the Buyer or of a third party connected to the Buyer, failure to follow the Seller's reasonable instructions (as to use, storage or otherwise) (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval;

(c)   save in respect of supplies to Consumers, from any of the Goods which have previously been sampled, analysed for the presence of NOPS and cleared for sale;

(d)   save in respect of supplies to Consumers, as a result of Goods containing naturally occurring substances for which the Regulatory Authorities have failed to set a threshold level;

(e)   from the specific physiology or nutritional or other requirements of any particular animal of which the Buyer is unaware or any unforeseen reaction of using the Goods in combination with third party goods;

(f)   from actions or omissions of the Buyer, its agents or employees or those of independent third parties;

(g)   save in respect of supplies to Consumers, where the Buyer is entitled to make a claim under a policy of insurance in respect of any matter or circumstance giving rise to a claim unless the Buyer first makes a claim against its insurers pursuant to the relevant policy. The Seller’s liability in respect of any such claim shall then be reduced by the amount recovered under such policy of insurance (less all reasonable costs, charges and expenses incurred by the Buyer in recovering that sum), or extinguished if the amount so recovered exceeds the amount of the claim; and

(h)   save in respect of supplies to Consumers, where the Buyer has failed to take all reasonable steps to avoid or mitigate any loss or liability that may give rise to a claim.

3.8    Any potential claim by the Buyer against the Seller arising from the use of or reliance on the Goods or Services causing an adverse reaction in any of the Buyer's animals must be notified to the Seller in writing as soon as reasonably practicable after the matters giving rise to the claim are known to the Buyer and, in any event, not later than 28 days after a potential claim has become known to the Buyer.

3.9   Where the Buyer notifies the Seller pursuant to Paragraph 3.8 of such a potential claim, the Buyer grants the Seller, its agents and employees an irrevocable licence at any time to make their own investigations into the circumstances surrounding the claim and to carry out its own tests on the Buyer's animal or animals on which the claim is based.

3.10   Where proceedings in relation to a claim are notifiable to the Seller in accordance with Paragraph 3.8, they must be instituted within one year of the date such notification is required or the Seller shall irrevocably cease to be liable in respect of such claim.

4.1   The Buyer acknowledges that the Seller's Bonded Feeds are manufactured in a UFAS/NOPS accredited production facility and are subject to documented quality control procedures. The Seller shall take reasonable steps to reduce the risk of contamination of its Bonded Feeds by NOPS, including submitting aggregate samples from batches to be analysed in a laboratory in accordance with BETA NOPS guidelines. The Seller relies on the laboratory’s testing as part of its risk reduction process and does not carry out further contaminant testing.

4.2   The Buyer expressly accepts and agrees that the measures described in Paragraph 4.1 represent the steps taken by the Seller as part of its risk‑reduction process and are intended to reduce contamination risk only, and do not constitute a guarantee that the Goods will be free from NOPS. The Buyer enters into the Contract and purchases the Goods on that basis, and acknowledges that the absence of NOPS is not a condition, warranty or representation (whether express or implied) on which it relies. Subject to undertaking the steps in Paragraph 4.1 (and without prejudice to Paragraphs 3.2 and 3.4), the Seller shall have no liability to the Buyer for any NOPS contamination in Goods which are supplied.

4.3   Bonded Feeds are supplied subject to handling, storage, and traceability controls described in Paragraph 4.1. Accordingly, once dispatched or collected, orders for Bonded Feeds cannot be cancelled and such Goods cannot be returned or refunded.

4.4   If you are a Consumer, your statutory rights are not affected by Paragraph 4.3.

5.1   The Buyer acknowledges that the Seller makes supplies of, or containing, materials and products supplied to it by third parties.

5.2   These Terms and Conditions govern the Contract to the exclusion of any other terms. No variation is binding unless agreed in writing by authorised representatives of the Buyer and the Seller. Any terms endorsed on, delivered with, or contained in any purchase order, confirmation of order, specification or other document issued by the Buyer do not form part of the Contract. The Seller's employees or agents are not authorised to agree any changes or make binding representations unless confirmed by the Seller in writing.

5.3   If you are a business customer, these Terms and Conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf that is not set out in this Contract, and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any such statement.

5.4   Any quotation given by the Seller shall not constitute an offer and is given on the basis that no contract will come into existence until the Seller confirms the Buyer's order. Other than in relation to Remote Sales, any quotation is valid for a period of 30 days only from its date, provided that the Seller has not previously withdrawn it.

5.5   If the Seller is unable to accept the Buyer’s order, the Seller will inform the Buyer of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

6.1   The terms of this Paragraph 6 shall apply only to Remote Sales to Consumers.

6.2   Goods and Pricing. The description, images, or other information of the Goods made available (including via the Site, catalogues, or price lists) are for illustrative purposes only. Although the Seller has made every effort to display the colours accurately, it cannot guarantee that the Buyer’s display of the colours (where applicable) accurately reflects the colour of the Goods. The Goods the Buyer receives may vary slightly from those descriptions, images, or other information made available. All dimensions and measurements are subject to a 2% tolerance.

The packaging of the Goods may also vary from any description, images, or other information made available to the Buyer (including via the Site, catalogues, or price lists).

Please note that all Goods are subject to availability.

The Seller will inform the Buyer by e-mail as soon as possible if the Goods ordered are not available and will not process the order.

The Seller makes Goods available for sale through a range of channels (including the Site, price lists and other communications). It is always possible that, despite the Seller’s reasonable efforts, some of the Goods may be incorrectly priced. If the Seller discovers an error in the price of the Goods that the Buyer has ordered before the Seller sends the Dispatch Confirmation (in accordance with Paragraph 6.4), the Seller will inform the Buyer of this error and give the Buyer the option of continuing to purchase the Goods at the correct price or cancelling the order. The Seller will not process the order until the Seller has the Buyer’s instructions. If the Seller is unable to contact the Buyer using the contact details the Buyer provided during the order process, the Seller will either treat the order as cancelled and notify the Buyer in writing or (at the Seller’s discretion) process the order on the basis of the incorrect price where this is lower than the correct price.

Please note that even after the Seller has sent the Dispatch Confirmation (as defined below), if a pricing error was obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mispricing, the Seller does not have to provide the Goods to the Buyer at an incorrect, lower price.

6.3   Payment terms. Subject to Paragraphs 6.2 and 6.4, for Remote Sales, the Buyer agrees to pay the price applicable to the Goods as at the time it submitted its order and the delivery fees for the delivery service the Buyer selects. Where the Buyer places an order via the Site, payment will be in advance and will be processed when the Buyer submits its order. The Seller will automatically charge the Buyer’s credit card or debit card submitted as part of the order process for such amounts and the Buyer hereby authorises the Seller to do so.

6.4   Orders. For Remote Sales, this Paragraph 6.4 sets out how orders are placed and accepted. This reflects and supplements Paragraphs 5.4 and 5.5 above.

Where the Buyer places an order via the Site, the order process allows the Buyer to check and amend its order before submitting its order to the Seller.

For other Remote Sales, the Buyer should ensure that its order is complete and accurate before submitting it to the Seller.

After the Buyer places an order, the Buyer will receive an e-mail from the Seller acknowledging that the Seller has received the order. However, this does not mean that the order has been accepted. The Seller will confirm its acceptance to the Buyer in a separate e-mail (which may include an invoice) (“Dispatch Confirmation”), and a Contract between the Seller and the Buyer will only be formed when the Seller sends the Dispatch Confirmation. If the Seller is unable to supply the Buyer with certain Goods, for example because they are not in stock or no longer available, or if the Buyer’s order of those Goods is cancelled in accordance with Paragraph 6.2 because of an error in the price, the Seller will inform the Buyer of this by e-mail. In this case, if the Buyer has already paid for the Goods, then the Seller will issue, as soon as possible and within 14 days, a refund to the Buyer’s credit card or debit card (as appropriate) in the amount charged for the withdrawn order or withdrawn portion of the order (if the Buyer’s card has already been charged). If the Buyer has not yet paid, the Seller will not charge the Buyer’s credit card, or debit card.

6.5   Delivery policy. The Seller uses a range of alternative carriers to ship and deliver orders. This service enables the Seller to track the progress of deliveries (where available). Any delivery dates provided by the Seller are estimates and time shall not be of the essence. The Seller reserves the right to make deliveries in instalments. The Seller will send the Buyer an email when the order has been shipped. The Seller delivers to Consumers only within the UK excluding Northern Ireland.

6.6   Bonded Feeds. Due to strict safety, storage and traceability requirements, Bonded Feeds cannot be accepted for return, replacement or refund once they have been dispatched, except as permitted under your statutory rights.

For any Bonded Feeds that may be returned in accordance with your statutory rights, they must be unused, unopened and in their original sealed packaging, with all labels and batch information intact to preserve traceability. We may refuse a return where we are unable to verify the product’s handling, storage or integrity, including where there is any risk that the safety or quality of the product has been compromised.

6.7   Cancellation right. For most of our products bought as part of a Remote Sale, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

You can't change your mind about an order for:

(a)   services, once these have been completed;

(b)   products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(c)  goods that are manufactured to your specifications or are otherwise bespoke, including bespoke feed mixes, and bespoke packaging; and

(d)  goods which become mixed inseparably with other items after their delivery.

If you change your mind about a product you must let us know no later than 14 days after:

(a)  the day we deliver your product, if it is Goods. If the Goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery; or

(b)   the day we confirm we have accepted your order, if it is for a service.

To let us know you want to change your mind, contact us via email at info@saracenhorsefeeds.co.uk or by telephone on 01622 718487.

If your product is Goods, you have to return it to us within 14 days of your telling us you have changed your mind.

Goods must be returned at the Buyer’s own cost, unless they are faulty or, subject to Paragraph 6.2 not as described, in which case please see Paragraph 6.9.

6.8   Goods return procedures. All returned Goods should be sent to:

Saracen Horse Feeds Returns

The Forstal, Beddow Way, Aylesford, Kent, ME20 7BT

Returned Goods are the Buyer’s responsibility until they are received by the Seller at the address above, and the Buyer must take reasonable care of them while they are in its possession. The Seller recommends the Buyer use a registered postal service and retains proof of postage. The Seller is not responsible for returned product being lost or damaged in transit. Please ensure the product is packaged in good enough quality transport packaging to avoid any damage during transport back to the Seller’s warehouse.

If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. You can contact us so we can advise you on whether we’re likely to reduce your refund. Please see Paragraph ‎1.3 for our contact details.

6.9   Refunds. If your product is a Service or Goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind.

If you bought a Service, we will refund any amounts you have paid for the part of the Service that has not been provided at the point you tell us you have changed your mind, but we will not refund you for the period of the Service already performed before that point.

If your product is Goods that you’re sending back to us, we refund you within 14 days of receiving them back from you.

We refund you by the method you used for payment. We don’t charge a fee for the refund.

If you returned the Goods because they were faulty or not as described, please see Paragraph 6.10 for your additional rights.

Please see Paragraph 6.4 for information on how the Seller refunds the Buyer if the order is withdrawn before the Buyer receives the Dispatch Confirmation.

6.10   Defective products. Consumers have legal rights in relation to Goods that are faulty or not as described. Advice about these legal rights is available from a local Citizens Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. If the Buyer returns Goods to the Seller because they are faulty or not as described the Seller will, in addition to the refunds mentioned in Paragraph 6.9, refund any reasonable costs the Buyer incurs in returning the Goods to the Seller (so long as the Goods are being returned to the Seller from within the UK).

6.11   Summary of your legal rights. The Seller is under a legal duty to provide products that are as described to the Consumer and that meet all the requirements imposed by law. The Consumer’s legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of the Consumer’s key legal rights

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get a refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

7.1   No order submitted by the Buyer other than in respect of Remote Sales (see Paragraphs 5.5 and 6.4) shall be deemed to be accepted by the Seller until confirmed by the Seller in writing or (if earlier) by delivery of the Goods or Services by the Seller to the Buyer. Acceptance of Remote Sales orders occurs upon the Seller sending the Dispatch Confirmation, at which point a contract will come into existence between the Buyer and the Seller.

7.2   The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods and Services within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. The Seller shall not be liable for the consequences of any inaccuracy, will not issue a credit note in respect of an order and will be entitled to charge the Buyer for the costs it incurs by any variations in an order.

7.3   Other than in respect of Remote Sales to Consumers (see Paragraph 6), the quantity, quality and description of and any specification for the Goods and Services shall be those set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller). The quantity, quality and description of and any specification for Goods and Services the subject of Remote Sales shall be those set out in the Dispatch Confirmation.

7.4   If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss (including loss and profit), damages, costs, charges and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification for the Goods.

7.5   The Seller reserves the right to make any changes in the specification of the Goods or Services which are required to conform to any applicable statutory requirements, the requirements of any Regulatory Authority (where applicable) or EU requirements or to make changes to the Goods or Services and if necessary to the Buyer's specification which do not materially affect their quality or performance. Any specification or formulae provided by the Seller shall remain the property of the Seller and the Buyer shall keep strictly confidential all such information relating to the specification or formula.

7.6   Other than in relation to Remote Sales to Consumers, no order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. Please see Paragraph 6.7 for the cancellation rights in respect of the Remote Sales to Consumers.

7.7   All formulae, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues, brochures or websites are illustrative only and do not form part of this Contract. Although the Seller has made every effort to display the colours accurately, it cannot guarantee that a Buyer’s display of the colours accurately reflects the colour of the products. The product purchased or its packing may vary slightly from any images or descriptions made available. This is in addition to the image and description provisions in Paragraph 6.2 for Remote Sales.

7.8   If Goods or Services are sold subject to special conditions of sale the Buyer will be notified by the Seller of the special conditions. In the event that there is any inconsistency between the special conditions and these Terms and Conditions the special conditions shall prevail.

8.1   In respect of supplies to business customers, the Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the Price of the Goods and Services to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller including, without limitation, increases in the cost of the Goods or Services, of labour, materials or other costs of manufacture; changes in delivery dates or places, quantities or specifications for the Goods and/or Services which are requested by the Buyer; or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

8.2   Unless otherwise agreed in writing the Price is given by the Seller on an ex works basis, and where the Seller agrees to the carriage of the Goods to the Buyer's premises or the performance of the Services other than at the Seller's premises, the Buyer shall be liable to pay the charges (and any VAT or other applicable duties and tax) for travel, transport, packaging and insurance.

8.3   Other than in relation to Remote Sales to Consumers, the cost of pallets and returnable containers will be charged to the Buyer in addition to the Price, but full credit will be given to the Buyer provided they are returned undamaged to the Seller prior to the due payment date. For Remote Sales to Consumers, such costs shall be included in the relevant delivery fees.

8.4   The Seller shall be entitled to charge the Buyer a credit administration charge, such sum to be refunded to the Buyer if the Price is paid in accordance with these Terms and Conditions.

8.5   The Price is exclusive of any applicable value added tax save in respect of Remote Sales to Consumers and in person sales to Consumers, in which case the price shall include VAT. The Seller shall invoice the Buyer for the Price plus VAT on or at any time after delivery of the Goods or performance of the Services or if the Buyer fails to take delivery of the Goods, the Seller shall be entitled to invoice the Buyer for the Price plus VAT at any time after the Seller has notified the Buyer that the Goods are ready for collection or the Seller has tendered delivery of the Goods. If the rate of VAT changes between an order date and the date the Seller supplies the product, the Seller will adjust the rate of VAT that the Buyer pays, unless the Buyer has already paid for the product in full before the new rate of VAT takes effect.

8.6   The Buyer shall pay the invoiced amount without any deduction whether by way of set-off, counterclaim, abatement or otherwise (unless the Buyer has a valid court order) by the due date stated on the invoice or, if no such date is specified, on the date of presentation of the Seller's invoice and this shall not be affected by delivery not having taken place and title in the Goods not passing to the Buyer. Receipts for payment will only be issued upon request.

8.7   If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy, the Seller shall be entitled to:

(a)   cancel the Contract or suspend any further deliveries to the Buyer;

(b)   appropriate any payment made by the Buyer to such of the Goods and/or Services (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit;

(c)   charge interest on any amounts overdue at the rate of 8% above the base rate of National Westminster Bank Plc as applying from time to time from the due date for payment until receipt by the Seller of the full amount whether or not after judgement. The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and

(d)   recover any administration charges and costs (including without limitation legal costs) incurred in recovering overdue payments, payments not being honoured at the bank or otherwise on a full indemnity basis.

8.8   The Seller shall be entitled at all times to set off any debt or claim of whatever nature which the Seller may have against the Buyer against any sums due from the Seller to the Buyer.

9.1   Other than in relation to Remote Sales to Consumers, delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. In relation to Remote Sales to Consumers, delivery shall take place upon receipt of the Goods by the Buyer (see Paragraph 6.5).

9.2   In respect of business customers, the terms of carriage ex works shall be such carriage terms of the third party carrier. The Seller shall not be liable to the Buyer for the selection or performance of the relevant carrier save to the extent the Seller recovers from such carrier in respect of such performance.

9.3   Other than in relation to Remote Sales to Consumers, the Buyer will take delivery of the Goods within 14 days of the Seller giving it notice that the Goods are ready for delivery and will at its expense provide adequate and appropriate equipment and labour for unloading the Goods.

9.4   The quantity of any consignment of Goods as recorded by the Seller upon despatch from the Seller's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

9.5   If the Seller delivers a quantity of Goods of up to 5% more or less than the quantity accepted by the Seller the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Price.

9.6   Any dates quoted for delivery of the Goods and performance of the Services are approximate only.

9.7   Where the Goods are to be delivered and/or Services to be performed in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

9.8   Other than in relation to Remote Sales to Consumers, if the Buyer fails to take delivery of the Goods or fails to give the Seller adequate instructions as to when Goods will be delivered (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or sell the Goods at the best price readily obtainable and account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price.

9.9   The Goods are at the risk of the Buyer from the time of delivery.

9.10   Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and the Services and all other sums which are or which become due to the Seller from the Buyer on any account.

9.11   Other than in relation to Remote Sales to Consumers, until ownership of the Goods has passed to the Buyer, the Buyer must:

(a)   hold the Goods on a fiduciary basis as the Seller's bailee;

(b)   store the Goods (at no cost to the Seller) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Seller's property;

(c)   not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;

(d)   maintain the Goods in satisfactory condition and keep them insured on the Seller's behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Buyer shall produce the policy of insurance to the Seller; and

(e)   hold the proceeds of the insurance referred to in Paragraph 9.11(d) on trust for the Seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

9.12   Other than in relation to Remote Sales to Consumers, the Buyer may resell the Goods before ownership has passed to it solely on the following conditions:

(a)   any sale shall be effected in the ordinary course of the Buyer's business at full market value; and

(b)   any such sale shall be a sale of the Seller's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.

9.13   In respect of business customers, the Seller may suspend the supply or delivery of the Goods to the Buyer, or terminate the Contract with immediate effect by giving written notice to the Buyer if:

(a)   the Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so;

(b)   the Buyer fails to pay any amount due under the Contract on the due date for payment;

(c)   the Buyer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business;

(d)   the Buyer’s financial position deteriorates to such an extent that in the Seller’s reasonable opinion its capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

(e)   the Buyer encumbers or in any way charges, or purports to charge, any of the Goods.

9.14   Termination of the Contract shall not affect either party's rights and remedies that have accrued as at termination.

9.15   Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

9.16   Other than in relation to Remote Sales to Consumers, the Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.

9.17     Other than in relation to Remote Sales to Consumers, the Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them. In the event that the Goods are stored in the premises of a third party the Buyer will use his/its best endeavours to procure entry for the Seller to inspect or recover the Goods pursuant to this Paragraph.

The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations, except where this would restrict a Consumer’s statutory rights, in relation to the Goods or Services, if the delay or failure was due to any cause beyond the Seller's control, examples of which include, but shall not be limited to, an act of God, flood, fire, tempest, epidemic, pandemic, war, terrorism, civil disturbance, shortage of raw materials or components, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, any failure of any third party beyond the control of the Seller.

11.1   Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Terms and Conditions, but if there is any conflict between the provisions of Incoterms (as in force at the date of the Contract) and these Terms and Conditions, the latter shall prevail.

11.2   Where the Goods or Services are supplied for export from the United Kingdom, the provisions of this Paragraph 11 shall (subject to any special terms agreed in writing between the Buyer and the Seller and signed by a director of the Seller) apply notwithstanding any other provision of these Terms and Conditions.

11.3   The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into, or the provision of the Services, within the country of destination and for the payment of any duties on them.

11.4   Unless otherwise agreed in writing between the Seller and the Buyer, the Goods shall be delivered ex works.

11.5   The Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.

11.6   Other than in relation to Remote Sales to Consumers, unless otherwise agreed in writing payment of all amounts due to the Seller shall be made by irrevocable letter of credit in a form acceptable to the Seller opened by the Buyer in favour of the Seller and confirmed by a London clearing bank acceptable to the Seller.

12.1   Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

12.2   In respect of supplies to business customers, these Terms and Conditions together with, in the case of orders via the Site, any applicable website terms of use or privacy policy, constitute the whole agreement between the parties and no modification, variation or amendment of these Terms and Conditions shall be effective unless such modification, variation or amendment is in writing and has been signed by or on behalf of the parties. To the fullest extent permissible under law, the warranties set out in Paragraph 3.1 are given by the Seller and accepted by the Buyer in substitution for any representation or warranty which may have been made by the Seller (or the sales staff or agents of the Seller) and supersede and extinguish any purported other pre-contractual representations.

12.3   If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions nor the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Terms and Conditions. The parties shall then use all reasonable endeavours to replace the invalid or unenforceable provision by a valid provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.

12.4   The parties do not intend that anything contained within these Terms and Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them.

12.5   The Buyer shall not be entitled to assign the Contract or any part of it without the prior consent in writing of the Seller. The Seller may transfer its rights and obligations under these terms but will inform the Buyer in writing if this happens and will ensure that the transfer will not affect the Buyer’s rights under the contract.

12.6   The Seller will only use the Buyer’s personal information as set out in our data protection policy and Privacy Policy.

12.7   In the event the Buyer deals as a Consumer, nothing in these Terms and Conditions excludes or purports to exclude a Consumer's statutory rights.

12.8   The Contract shall be governed and construed by the laws of England.

12.9   If you are a Consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

12.10   If you are a business customer, you irrevocably agree to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

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Please submit any questions you have about these Terms and Conditions by email to info@saracenhorsefeeds.co.uk; by telephone to 01622718487 or write to us at Saracen Horse Feeds Ltd, The Forstal, Beddow Way, Aylesford, Kent ME20 7BT.

“AIC” means the Agricultural Industries Confederation;

“BETA” means the British Equestrian Trade Association;

“BHA” means the British Horseracing Authority;

“Bonded Feeds” means any products on which the Seller carries out further NOPS testing before they are released for sale. More information and a list of products is available at https://saracenhorsefeeds.com/thoroughbred/beta-nops;

“BSJA” means the British ShowJumping Association;

“Buyer” means a person whose order for the Goods and Services is accepted by the Seller;

“Consumer” means an individual purchasing Goods or Services on its own behalf for its own domestic, non-commercial use;

“Contract” means any contract between the Buyer and the Seller for the sale of Goods and Services incorporating these Terms and Conditions;

“Dispatch Confirmation” as defined in Paragraph 6.4;

“FEI” means the Federation Equestre Internationale;

“Goods” means the goods described in an order or quotation (including any instalment of the goods or any parts for them) which the Seller is to supply, and, where applicable, arrange delivery of, in accordance with these Terms and Conditions;

"Incoterms" means the International Rules for the Interpretation of Trade Terms of The International Chamber of Commerce as in force at the date the Contract is made;

“Jockey Club” means the Jockey Club of Great Britain;

“NOPS” means naturally occurring Prohibited Substances;

“Price” means the price of the Goods or Services, being either the Seller's quoted price or if none, the price listed in the Seller's published price list current at the date of delivery or deemed delivery and, where appropriate, unit prices being multiplied by the total number of units of the Goods supplied;

“Privacy Policy” means the Seller’s privacy policy which can be found on https://saracenhorsefeeds.com/policies/privacy-policy ;

“Prohibited Substance” means any substance defined as a prohibited substance by any of the Regulatory Authorities' rules;

“Regulatory Authorities” means the AIC, BSJA, FEI, BHA and the Jockey Club;

“Remote Sales” means sales concluded without the simultaneous physical presence of the Buyer and the Seller, including via the Site, the trade portal, by phone, e-mail, messaging application or other means of communication;

“Seller” means Saracen Horse Feeds Ltd, a company registered in England and Wales (whose registered number is 07130140 and whose registered office is at The Forstal, Beddow Way, Aylesford, Kent ME20 7BT);

“Services” means the services provided by the Seller in connection with and ancillary to the sale or supply of the Goods and which are provided in accordance with these Terms and Conditions;

“Site” means the Seller’s online shop located at www.saracenhorsefeeds.com;

“Terms and Conditions” means the terms and conditions of sale set out in this document and unless the context otherwise requires includes any special terms and conditions agreed in writing between the Seller and the Buyer; and

“UFAS” means the Universal Feed Assurance Scheme.

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15.1   The following rules of interpretation apply in these Terms and Conditions:

(a)   a reference to “writing” or “written” includes emails;

(b)   a reference to “you” is to the Buyer, whether a business customer or a Consumer, as the case may be, and a reference to “we” and “us” is to the Seller;

(c)   a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(d)   a reference to a party includes its personal representatives, successors and permitted assigns;

(e)   paragraph headings shall not affect the interpretation of these Terms and Conditions;

(f)  a reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision; and

(g)  any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

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