Terms and Conditions
This Website and its contents is provided on an ‘as is’ basis and we do not represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):
- illustrations, photos and packaging are only a representation of the products advertised, variations may occur from store to store.
- prices and colours of products may change, and all products are subject to availability;
- variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
- despite every effort to accurately duplicate each product's colours on this Website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery;
- description of products are summaries only (with further information available on request to us);
- due to technical or human error, information may be recorded incorrectly or omitted;
- we will not be responsible for the lack of stock due to supplier problems;
- we reserve the right to limit purchases to normal retail quantities.
We do not warrant that access to this Website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website
This Website together with the Affiliated Websites are owned and operated by PS Equine Pty. Ltd. and/or its wholly owned subsidiaries. You acknowledge that by accessing or using the Website and any services supplied via this Website (Services) you agree to be bound by the following terms and conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.
In these Terms, the following words have the meanings set out as follows:
- “Affiliated Website” means any website (other than this Website) containing content owned and operated by PS Equine Pty. Ltd.
- "Content" means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content.
- "Member" means a user that has completed our registration process and created an account.
- "Product" means the goods and / or services being offered by us and promoted through the Website or Affiliated Website.
- “Product Information” means the specific information relating to a Product as set out on the Product Page.
- “Product Page” means the relevant page of the Website or Affiliated Website on which a specific Product is promoted.
- “Product Order” means your Request or that part of your Request we confirm as acceptable.
- “Request” means the order placed by you for the relevant Products in the Shopping Cart.
- “Shopping Cart” means that purchase section of the Website displaying the Products that you intend to purchase.
- “Third Party Information” means information other than Product Information on the Website or Affiliated Website including certain data, news, research, statistics stories, photographs, opinions and information.
- "User" means any user of the Website.
- “We", "us", "our" “Syd Hill” and “Syd Hill & Sons” are a reference to PS Equine Pty. Ltd.
- “Website” means this website Syd Hil. or any other site, services (including web-services), software, application or media managed by us.
- “You" and "your" are a reference to you.
In order to access some of the features of this Website and Affiliated Websites you will need to become a Member. When creating an account you must provide accurate and complete information.
- Access and Use of Material
When you access or use this Website or any Services you must:
- only do so in accordance with these Terms;
- only access parts of this website that are designated for unrestricted public access unless we have expressly given you permission to access other areas and then only for the purposes, and in the manner, permitted by us;
- keep all passwords that we give you confidential and not disclose it to any other person or permit any other person to use that password;
- immediately change any password that we have given you if you believe that it has become known to any other person;
- follow our instructions and any terms we publish on this Website when using the Services;
- make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;
- not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
- take your own precautions to ensure that whatever you select from this Website is free of viruses or anything else that may interfere with your or any third party's computer systems.
- Material Submitted by You
If you use any parts of this Website that allow you to submit material (including links to third party content) that can be viewed by the public (Material), then by using these features you acknowledge and agree that:
- you will not post or transmit or otherwise publish Material, or permit or encourage the posting or transmission or other publication of Material, to this Website that:
o is subject to any obligation of confidence on the part of us, our officers, directors, agents, related bodies corporate, employees or third party service providers;
o contains any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
o contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;
o is illegal, false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, threatening, abusive, obscene, indecent, libellous, hateful, racially biased;
o breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent;
- you will only publish Material that is your original content of which you are sole owner of all intellectual property rights embodied in such content, or where you have obtained all consents and licences from third parties necessary for the submission and display of the Material on this Website and the grant of the licences by you to us under these Terms;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to us to use and display the Material on this website, modify, adapt, publish, create derivate works from, sell and distribute the Material, without any compensation or obligation to you;
- the use by us of the Material in accordance with the licences granted by you to us under these Terms will not breach any third party’s rights;
- you will indemnify us (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by us (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, the Material (including any breach of these Terms by you or the Material); and
- you waive all moral rights that you may have in the Material.
To the extent that the Material includes a rating or review of a product or service, by submitting the Material, you represent and warrant to us that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent the Material includes a question or query, you acknowledge and agree that:
- we may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query;
- any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
- Intellectual Property
You acknowledge that any content displayed or made available through the Website is our exclusive property or used and /or displayed by us with the express permission of owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
“Syd Hill & Sons” are our trade marks. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the content available through this Website including text, images, graphics, photographs, video, logos, sounds, layout, designs, software and source code belong to us (or, where relevant, to our licensors, or other third parties). Except as permitted by these Terms, or with our prior written permission, you may not, in any form or by any means:
- use this Website or any information or other material from this Website, including any information about products or services obtained from any part of this Website, for any commercial purpose;
- remove any copyright, trademark or any other intellectual property notice from any material accessible on this Website; or
- copy, adapt, modify, store, distribute, print, display, perform, publish, transmit, alter or tamper with in any way, or otherwise use, any material contained in any part of this Website (except as expressly permitted in these Terms).
Nothing contained in this website shall be construed as granting any licence or right to use any trademark displayed on this Website.
- Privacy and Personal Information
- Links and Third Parties
The Website may include links to other websites. While we own the Affiliated Websites, we may not own other linked websites. If you visit a linked website you will be subject to the terms of that website. Any dealing in relation to a website not
owned by us (“Third Party Website”) will be solely between you and the owner of that Third Party Website. A link to a website from this Website or an Affiliated Website does not imply our endorsement of the Third Party Websites or any product or service being advertised, promoted or offered on the Third Party Website or any association with the operators of the Third Party Website unless this is specifically stated on the Website or Affiliated Website.
We are not responsible for any Third Party Information that does not originate directly from us, for any links we provide to Third Party Websites, or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.
- Force Majeure
We will not be liable you or any other person for any delay or failure to perform any of our obligations under these Terms, or for any loss or damage therefrom, to the extent the delay or failure is caused by any event beyond our control.
- No Assignment
You may not assign any of your rights or obligations under these Terms without our prior written consent.
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of any other provision of these Terms.
For websites and stores located in Australia or the supply of goods and services within Australia, these Terms are governed by and will be construed in accordance with the laws of Australia and you submit to the jurisdiction of the courts of Australia. We make no representation or warranty that the content of such websites complies with the laws of any country outside Australia. If you access such a website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access those websites.
For websites and stores located in New Zealand or the supply of goods and services within New Zealand, these Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand. We make no representation or warranty that the content of such websites complies with the laws of any country outside New Zealand. If you
access such a website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access those websites.
If you have any questions or concerns in relation to the Website, Affiliated Websites or these Terms please Contact Us.
Orders You acknowledge and agree that any Request you submit to us through this Website is a legal offer to us to purchase the goods or services that are the subject of the Request for the specified price (including the delivery, tax and other charges) at the time of the order and under these Terms. Should we accept your Request, we will acknowledge acceptance of it by sending you an email confirmation.
We reserve the right to reject your offer of purchase, or cancel an order that we haves previously accepted, at any time before delivery and for whatever reason, including but not limited to:
- not being able to supply goods or services within a reasonable time or at all due to an event beyond our control;
- an error on the Website in relation to the goods or services, for example, in relation to a description, price or image;
- you not meeting our payment terms;
- not being able to process or accept your payment;
- the quantity of goods in relation;
- the goods are being purchased for the purpose of being resold.
Where we cancel your order after acceptance we will notify you of cancellation. We will not be liable to you or any third party if we cancel your order.
You may cancel your order where we have not able to deliver your order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the goods. Please check your order carefully before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us.
In the event of us or you cancelling your order after payment has been processed, we will refund any money paid in respect of that order.
If you end your visit to the Website or Affiliated Website with items in your Shopping Cart (that is without completing the Request, including payment), we may retain those items in your Shopping Cart for a period of time determined by us, unless you
first remove them. Where you are a Member we may send you an email notification from time to time to remind you that you still have items in a Shopping Cart
Returning a Product for a Refund or Exchange
We want you to be completely satisfied with every item that you purchase from us. We understand that there may be times when you will need to return a product that you have purchased from us, and we aim to make this process as easy and hassle free as possible. Our returns policy has been constructed to comply with the relevant consumer rights and retailer obligations as set out under the Australian Consumer Law and New Zealand Consumer Guarantees Act.
When to return a product?
When there is a problem
We are committed to honouring consumer guarantees under the Australian Consumer Law and New Zealand Consumer Guarantees Act. This means we will assist you if goods:
- are or become faulty through no fault of your own;
- are not fit for a stated purpose or a purpose you made known to us;
- do not match our description or sample; or
- have defects that were not obvious or we did not bring to your attention.
If the fault is minor or can be repaired then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.
You may be asked to demonstrate that the problem with the goods was not your fault.
This also includes non-compliance with any applicable warranties or guarantees as set out by the manufacturer (e.g. the palatability guarantee on super premium foods).
Proof of purchase is required for all returns, which can be in the form of your receipt/tax invoice, a debit/credit card statement, member's club transaction history, or online purchase transaction history or some other acceptable form of proof of purchase.
Change of mind
We will also, as an act of good will, accept return items if you have changed your mind. In this instance, the product must:
- Be returned within 28 days of purchase;
- be unused, undamaged, in original packaging with all accessories and instruction manuals and in resalable condition;
- be returned together with any free or bonus item or gift with purchase that was given to you together with the product at the time of purchase;
- not be a gift card or gift voucher.
The unwanted product must be returned to us via post. For online transactions, all ‘change of mind' transactions will be processed as a refund; you are then able to place another order in your own time for a replacement product from our online store.
Who pays for the return of my purchase?
We will cover any associated delivery charges for the return of any products which fail to meet the consumer guarantees as per the Australian Consumer Law (see ‘When to return a product' above), provided they are returned to us using the recommended shipping method (as discussed with an online customer service team member). Any return delivery charges will be added to your refund amount once
processed. We will also refund the cost of the original delivery and pay for the delivery of any replacement item.
For any ‘change of mind' returns, it is your responsibility to cover all delivery charges incurred. A copy of your tax invoice (or relevant proof of purchase) is to be included in the delivery (please keep the original for your own reference), and the refund will be processed using your original method of payment.
Please ensure your item is packed securely to protect it from any damage in transit and be sure to retain your shipping information for tracking purposes, to ensure the package arrives safely at our warehouse. We cannot be responsible for any items damaged or lost during return transit.
How long will my refund take?
Please allow seven business days for the return to be processed after your item arrives at our Online Warehouse
Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.
The prices displayed on this website include Goods and Services Tax (GST).
Limitation of Liability
To the fullest extent permissible at law, we are not liable for loss or damage (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses, or any indirect, special, economic or consequential loss) whether arising in contract, tort or otherwise from the use of, or inability to use, this Website, the Services or any material appearing on this website, or from any action or decision taken as a result of using this Website, the Services or any such material.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this Website.
We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
When purchasing from PS Equine Pty Ltd your financial details are passed through a secure server using the latest encryption technology and surpass the minimum required by the Australia Privacy Act. If you have any questions regarding our security policy, or if you would like us to remove what information we currently have please contact our Customer Service Team on 1300 139 989.
Changes to Terms and Conditions of Use
We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days notice of such changes.