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Terms & Conditions
This document explains our position and specific conditions regarding your use of our Internet or 'web' sites (collectively, 'Site' or 'Sites'). By using this Site, you agree to be bound by our Terms & Conditions, Legal Notices and Privacy Policy (collectively, 'Notices and Policies'), in addition to other terms and conditions that may appear throughout our Sites.
References to 'aSmilingHorse' in this document means 'aSmilingHorse.com' which is owned by So VDV LLC.
aSmilingHorse reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and review the current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. aSmilingHorse is not responsible for typographical or photographic errors on this Site (see Product Display & Colors and Errors on Site for more information).
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. ASMILINGHORSE AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, 'THIRD PARTIES'), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER ASMILINGHORSE NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER ASMILINGHORSE NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. ASMILINGHORSE AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASMILINGHORSE OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
UNDER NO CIRCUMSTANCES SHALL ASMILINGHORSE OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASMILINGHORSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL ASMILINGHORSE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
INTENDED FOR USERS OVER 13 YEARS OF AGE
The safety of children is very important to us. Although this Site is intended for use by persons at least 13 years of age, aSmilingHorse cannot prohibit minors from visiting our Site and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. aSmilingHorse will not knowingly collect personal information from children. Please see our Privacy Policy for more information.
LIMITATIONS REGARDING INFORMATION, ARTICLES & ADVICE
aSmilingHorse offers information, articles and advice to horse owners and horse riders through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your horse and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your horse, call or visit your veterinarian.
This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and aSmilingHorse reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, aSmilingHorse will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with aSmilingHorse's Return Policy.)
Online prices may vary any time of the year, and offers are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.
Because aSmilingHorse does business throughout the United States and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.
We are using PayPal® for payments,you can pay with debit card or major credit card or your PayPal® account. We accept Visa®, MasterCard® and debit cards with a MasterCard or Visa logo.
Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or checking account is charged is at the sole discretion of PayPal.
If using a promotional/coupon code, it must be entered during Checkout in the designated 'Promo Code' field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transaction and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. aSmilingHorse reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the e-mail address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. aSmilingHorse reserves the right at any time after receipt of your order to accept or decline your order for any reason.
A product can be returned within 14 days after reception. The product must be new, clean and in its original packaging to be returned. In order to improve our products and services we like to know why you are returning the product.
Before returning the product, send us an email https://www.asmilinghorse.com/contact-us for authorization, if ok we will send you the address to return the products.
Customers pay for the return shipment fees. Products returned, travel at customer risks. Please send us by email the tracking numer of your return once shipped.
Once product is received, we will refund you within the next 10 days on your credit card or paypal account.
(Of course, breeches that have beeen used to ride will not been refunded in case of return, as they won't be new anymore.)
ORDER LIMITATIONS/LIMITED QUANTITIES
aSmilingHorse may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the e-mail and/or billing address provided with your order. aSmilingHorse reserves the right to limit or prohibit sales to dealers.
All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms which are indicated on each product page. Delays can change with size or color choices depending on product availability. In the rare event that your order never arrives, we must receive notification of lost items via e-mail and/or phone (as provided in our shipping terms) within sixty (60) days of receipt of the shipping confirmation e-mail.
This Site aSmilingHorse is operated by So VDV LLC, with offices in the United States of America. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Georgia, USA, Cobb County.
aSmilingHorse, in its sole discretion, may terminate your account, membership registration or similar uses of this Site at any time. You are personally liable for any orders that you place or charges that you incur prior to your termination. aSmilingHorse reserves the right to change, suspend or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. aSmilingHorse may provide notice of termination by e-mail.
- CONTACT US
If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, contact us by:
CHANGES/UPDATES TO NOTICES & POLICIES
Because our Site will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and aSmilingHorse as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.
Revised May 19, 2020