Terms & Conditions

Lynbrae Show Range (hereafter referred to as the “Lynbrae”) is the owner, operator and licensor of the website at www.lynbrae.com.au (“Website”) and the Show Range products, including those available on and through the Website (“Lynbrae Products and Services”). The Customer’s rights to use the Website and purchase Lynbrae Products (collectively the “Service”) are set out in these Terms and Conditions (“Terms and Conditions”) and Lynbrae Privacy Policy at [https://lynbrae.myshopify.com/pages/privacy-policy]  (“Privacy Policy”).

Lynbrae’ Terms and Conditions and Lynbrae’ Privacy Policy are collectively referred to as the Agreement (“Agreement”).

In order to keep pace with changes in Lynbrae’ Service, Lynbrae reviews the Terms and Conditions from time to time to make sure they are up to date. This Agreement contains Lynbrae’ most recent update. Lynbrae encourages the Customer to read this Agreement carefully.

 

IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, THE CUSTOMER ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.

If the user does not accept and agree to be legally bound by and comply with the Agreement, the user must cease usage of the Website, or any of the Services, immediately.

 

  1. Business Service

The Agreement applies to all users using the Service (“User”). Information provided through the Service may contain links to third party websites that are not owned or controlled by Lynbrae. Lynbrae has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lynbrae will not and cannot censor or edit the content of any third party website. By using the Service, the Customer expressly acknowledge and agree that Lynbrae shall not be responsible for any damages, claims or other liability arising from or related to the Customer’s use of any third party website.

 

  1. Privacy Policy

The Customer should ensure that they have read the Lynbrae’ Privacy Policy.

Lynbrae will process all Personal Data supplied by the Customer according to Lynbrae’ Privacy Policy.

Lynbrae’ Privacy Policy forms part of this Agreement. Accordingly, the Customer must comply with the Customer’s obligations in the Privacy Policy.

 

  1. Confidentiality

Lynbrae will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

  1. as necessary to perform Lynbrae’ function; or
  2. to Lynbrae’ personnel and any service provider that Lynbrae works with where necessary to operate the Service; or
  3. if the relevant person has given Lynbrae permission to do so; or
  4. in accordance with Lynbrae’ Privacy Policy; or
  5. if required or permitted by law.

As internet transmissions cannot be guaranteed to be entirely secure in all aspects, the Customer acknowledges and agrees that the Customer’s use of this Service is at the Customer’s own risk, and the Customer should only proceed to use the Service if the Customer accepts this condition.

 

  1. Indemnity

The Customer agrees to defend, indemnify and keep indemnified, Lynbrae and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

  1. breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);
  2. violation of any Intellectual Property or other rights of a third party, or privacy right; or
  3. the Customer’s access or use of the Service, and/ or Personal Data posted by the Customer through or at the Service.

This Indemnity clause will survive this Agreement and the Customer’s use of the Service.

 

  1. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Tasmania, Australia and the parties submit to the exclusive jurisdiction of the courts of Tasmania for any matter arising under or relating to this Agreement.

 

  1. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

 

  1. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Lynbrae will endeavour to post an announcement on the Website. The Customer’s use of the Service and/or Website following any amendment constitutes the Customer’s acceptance of any updated Agreement. If the Customer do not agree to any updated Agreement the Customer must not use the Service.

 

  1. Disruption of and Modifications to the Website

Lynbrae will take all reasonable steps to ensure that the Website functions as intended. However, the Customer acknowledges that the Customer’s access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside Lynbrae’ control.

To the extent permissible at law, Lynbrae shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Lynbrae will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

 

  1. Intellectual Property Rights

All of the information contained on this Website is the intellectual property of Lynbrae. All trademarks, logos or any other of its intellectual property rights are the exclusive property of Lynbrae. The Customer may not download, copy or print any of the pages of the Website except for the Customer’s own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. The Customer will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will the Customer post to the Website any material which infringes any intellectual property rights of any third party.

By using the Service, the Customer confirm that any Content and Personal Data the Customer submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

 

  1. Website Accuracy

The information contained on this Website is given in good faith and Lynbrae uses all reasonable efforts to ensure that it is accurate. However, Lynbrae gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

 

  1. Use of Subcontractors

The Customer agrees that Lynbrae may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing, postage and related technology and services required to run the Service and manage Personal Data.

 

  1. Prohibited Activities

In addition to the other restrictions outlined in these Terms and Conditions, the Customer agrees that the Customers will not:

  1. Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms and Conditions;
  2. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
  3. Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via Lynbrae Website.
  4. Compromise the security of the Website service;
  5. Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
  6. Use any robot, spider, crawler, scraper or other automated means or interface not provided by Lynbrae to access the Website or to extract data;
  7. Impersonate any person or entity;
  8. Buy, sell or otherwise offer in exchange for any compensation, access to Lynbrae Website and Services; and
  9. Develop any third party applications that interact with User Content, the Website or any other services without Lynbrae’ prior written consent.

 

TERMS AND CONDITIONS APPLICABLE TO LYNBRAE SHOW RANGE PRODUCTS AND SERVICES

 

  1. Prices 

The prices for the goods are in Australia Dollars ($AUD) and include GST. Customer will be charged in Australian Dollars even if you don’t live in Australia. Lynbrae reserve the right to alter prices at any time without notice. Overseas orders may incur bank charges for international transactions.

Please note that any advertised special offers are subject to availability and may end before originally advertised.

International Orders: International orders are exclusive of GST. Products delivered to destinations outside of Australia may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities, Lynbrae advise that the Customer check the import charges applicable in the destination country before ordering products to be delivered there.

The recipient of the order is responsible for all customs formalities for the import of the products, and will be required to pay any additional charges for international delivery, including import duty, formal

Customs entry, taxes, levies and other charges that may be levied outside of Australia. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If the Customer is ordering products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.

Customer (or the recipient of the products if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it’s the Customer responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of the Customer order.

 

  1. Orders

All orders are online via Lynbrae website. When viewing an item, select your size and the quantity you want and then click ‘Add to Cart’. When you’ve finished shopping and reviewed your cart, select your Shipping method and click the ‘Proceed to Checkout’ button. Once you are ready to checkout, you will be directed to the Checkout page where you’ll need to provide the following details.

  • Your real name
  • You’re mailing address
  • Your billing address
  • A delivery address (this maybe the same as your billing and mailing address)
  • A contact phone number (in case we need to speak to you about your order)

After the Customer place their order, the Customer will receive an automated acknowledgement email.

Lynbrae reserve the right to refuse any order the Customer place with Lynbrae. Lynbrae may, in our sole discretion, limit or cancel quantities purchased per Customer, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, Lynbrae may attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Lynbrae reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The Customer agree to provide current, complete and accurate purchase and account information for all purchases made on Lynbrae website. The Customer agrees to promptly update their account and other information, including their email address, so that Lynbrae can complete their order and contact the Customer as needed.

Once Lynbrae has acceptance/processed the Customer order, the Customer will receive an email confirming the order has been completed.

All orders must be paid in full before being shipped/completed.

 

  1. Supply

The supply of products by Lynbrae to the Customer is subject to the manufacturers ability to supply sufficient quantities and types of Products to Lynbrae.

If a product ordered is out of stock, Lynbrae will contact the Customer straight away to organise alternative or date when the out of stock item is expected back in stock.

 

  1. Delivery

Lynbrae aim to dispatch your order within 48 hours of receiving it. During peak shopping periods (such as Christmas or large sales), Customer’s may need to allow up to 3 business days for the processing and dispatch of your order; however, this is very rare.

Shipping will be calculated at the checkout. Price is dependent on the weight of your order and the destination.

Lynbrae deliver to all PO BOX, businesses and Street addresses.

Lynbrae do not offer free postage unless stated.

Please ensure that the shipping address you (the Customer) provide is complete and accurate. Lynbrae cannot take any responsibility for incorrect entry of address details. The Customer is liable for any additional shipping costs incurred by Lynbrae due to incorrect address details provided.

Delivery Options: We offer you a range of delivery options for your products. Our delivery options are:

  • Australia Post – We have found this gets to you faster
  • Australia Post for International Parcels
  • Overnight or Express Australia post can be arranged if you need something urgently.

Standard Post (3-5 Days – WA 5-9 Days)

Express Post (1-3 Days – WA 5-7 Days)

Additional Services: If the Customer require additional services to the standard services provided by Australia Post such as insurance or a signature on delivery, the Customer will need to advise the Sales Team in the ‘comments’ field of the Customer’s order. Costs for these additional services will be invoiced to the Customer with the Customer order.

Tracking Numbers: Will be issued via email by the Sale Team as part of the processing of the Customer’s order, tracking can be viewed at www.auspost.com.au

International Customers please note that ‘AIRMAIL’ will also issue you (the Customer) with a shipping or tracking number.

Responsibility: Once the goods have been accepted for delivery by Australia Post, Lynbrae cannot be responsible for the delivery.

Events beyond our control: Lynbrae will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside Lynbrae reasonable control this includes any act, event, non- happening, omission or accident beyond Lynbrae reasonable control and includes but is not limited to:

  • Strikes or other industrial action.
  • Civil commotion, terrorism or threat of, war or threat or preparation for.
  • Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster.
  • Disruption to supplies or delivery methods.
  • Acts of government or regulatory bodies.
  • Disruption to public or private telecommunications networks.

Customs and border control: Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond Lynbrae control and Lynbrae cannot be responsible for the late arrival of parcels detained in this way.

Pickup: If you choose in store pickup for your order please note that we are located in Carlton, Tasmania 7173. Please email us at sales@supremehorseware.com.au to finalise the pickup arrangements.

Delivery charges are subject to change without notice.

Lynbrae is not responsible for the safety of the Products after delivery and both Lynbrae and the Customer accepts the delivery providers confirmation as absolute confirmation that the products have been delivered.

Non-delivery must be reported immediately (within 48 hours maximum). Orders will be shipped once full payment is received.

 

  1. Handling

Lynbrae will check each order before shipping. It is the Customer’s responsibility to check the order upon its receipt. Discrepancies must be phoned or emailed through to Lynbrae within 48 hours of delivery, please quote the Customer’s Order number.

 

  1. Payment & Security

Lynbrae accept payments via Shopify Payment Gateway. Customer can also make payments via PayPal or Afterpay (the ‘Payment Gateway Provider’)

If the Customer choose to use one of the Payment Gateway Provider services, the Customer warrant that they have familiarised their self with, and agree to be bound by, the applicable Terms and Conditions of use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

All of Lynbrae payments are securely processed using industry-grade SSL security.

 

  1. Returns Policy

Items may be returned to Lynbrae within 21 days of product receipt (for international orders within 30 days), at the Customer’ expense, be in perfect unused/unopened condition and accompanied with original purchase receipt. If 21 days have gone by since the Customer’s purchase unfortunately, Lynbrae can’t offer the Customer a refund or exchange.

Refunds: Lynbrae do not offer refunds for change of mind, incorrect sizing and wrong item. If the Customer receives a product with manufacturing fault, this will be closely revised before Lynbrae can provide a full refund.

Exchanges: Please email the Sales Team at sales@supremehorseware.com.au using “Product Exchange” and “Order Number” as the subject title, please also include in your email what size you would like to exchange it for.

Returns of sale items: Unfortunately, sale items cannot be refunded or exchange, unless faulty.

Gift Cards: Unfortunately, Gift Cards cannot be refunded. 

Gifts: If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Damage/Incorrect Stock: Should you receive any damaged or incorrect stock upon receipt of the order, contact us immediately and quote your Order Number. For damaged goods, photograph box/items. Credits in the form of replaced stock will be issued once stock has been returned.

Return of items should occur within 7 business days of receiving them. Send back items to Lynbrae Show Range via Australia Post or courier with a tracking number. All items returned must be in original unused/unopened condition.

Returns Process: Please email the Sales Team at sales@supremehorseware.com.au using “Product Return” and “Order Number” as the subject title, express your reasons for wishing to return your purchase and we will assist you with the returns process, and provide you with a returns address.

Lynbrae recommend that the Customer retain their proof of postage and package the returning items carefully as the Customer are fully responsible for the arrival and condition of returning goods until received by Lynbrae.

If the Customer is shipping an item over $75, the Customer should consider using a trackable shipping service or purchasing shipping insurance. Lynbrae don’t guarantee that they will receive the Customer’s returned item.

Once your goods have been received by Lynbrae and inspected, the Sales Team will send you an email to notify the Customer that Lynbrae has received the Customer returned item. The Sales Team will also notify the Customer if their refund has been approval or rejection. If approved, then a refund will be issued to the Customer in the same payment method as the Customer original purchase, within a certain amount of days. Refunds are issued to product value only, not original shipping costs.

For safety and hygiene reasons Lynbrae are unable to accept the return of items that have been in contact with a horse/person and are therefore in a ‘used’ condition. Unless there is a fault with them.

Any Products that have been used, altered or defaced by the Customer or the Customer’s courier, will not be accepted by Lynbrae for return.

All orders are final and cannot be cancelled once the order has been confirmed by Lynbrae.

 

  1. Typographical Errors, Inaccuracies and Omissions

Occasionally there may be information on Lynbrae Website or in the Products and Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Lynbrae reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products and Services or on any related website is inaccurate at any time without prior notice (including after the Customer have submitted their order). If payment has already been made by the Customer, they will be refunded in the same payment method as the Customer original payment method.

 

  1. Customer Comments, Feedback and Other Submission

If, at Lynbrae request, the Customer send certain specific submissions (for example contest entries) or without a request from Lynbrae the Customer send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the Customer agree that Lynbrae may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Customer forward to Lynbrae. Lynbrae are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Lynbrae may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

The Customer agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agree that their comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services or any related website. The Customer may not use a false e-mail address, pretend to be someone other than their self, or otherwise mislead Lynbrae or third-parties as to the origin of any comments. The Customer is solely responsible for any comments they make and their accuracy. Lynbrae take no responsibility and assume no liability for any comments posted by you or any third-party.

 

  1. Disclaimer Limitation of Liability

Lynbrae do not guarantee, represent or warrant that the Customer use of our service will be uninterrupted, timely, secure or error-free.

Lynbrae do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The Customer agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the Customer.

The Customer expressly agree that their use of, or inability to use, the service is at the Customer sole risk. The service and all products and services delivered to the Customer through the service are (except as expressly stated by Lynbrae) provided ‘as is’ and ‘as available’ for the Customer use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lynbrae, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer use of any of the service or any products procured using the service, or for any other claim related in any way to the Customer use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Lynbrae liability shall be limited to the maximum extent permitted by law.

 

  1. Contact Information

Questions about the Terms and Condition, please write to Lynbrae Show Range at:

Email: sales@supremehorseware.com.au

Address: PO Box 590, Sorell, TAS 7172, Australia