SMART FOAL TERMS OF SALE
(a) Our Contract
You may order our products in one of two ways: either in person or via our website. Either way, your purchase will be subject to these Terms of Sale
Ordering in person
When you place an order in person, you will be provided with a copy of these Terms of Sale and it is a condition of proceeding with the sale that you acknowledge your agreement, whether by signing or in some other acceptable manner. A contract between us will not be formed until we confirm that the goods which you ordered are available.
Ordering via our website
When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away..
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Delivery of Goods
Non Delivery of Goods must be reported to Smart Foal as soon as possible
1. Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail without Insurance. Goods tracking is not available on any of the Australia Post Airmail services except Express Courier International.
2. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
3. Insurance is available at an extra cost on all delivery services. Smart Foal will not cover any loss of Goods that are not insured.
4. Delivery to countries outside Australia can take 10+ working days, depending on region, to arrive. Airmail delivery times from Australia to the USA, UK, and NZ are generally faster than those to some European countries (including Italy and Greece) which may take up to 10 weeks to arrive. Delays may result from slower postal services or delays with customs in those countries. Please be patient and contact us first before trying to claim the loss of Goods. Goods claims cannot be made until at least 8 weeks after non delivery. Smart Foal can only claim loss on Goods from Australia Post if the goods were insured.
5 We discourage customers that use Paypal to purchase goods using the Paypal Protection Policy which holds Smart Foal responsible for refunding money on Goods lost in the mail system. Any non-delivery of Goods should be reported to Smart Foal to investigate first before making any claims through the Paypal system. Smart Foal keeps records of all customers' goods sent through the postal system and will challenge any claims with Paypal or the customer on the grounds that we have not sent the Goods. It is Smart Foal’s policy not to refund or replace lost Goods that have not been insured by the customer.
6. All customs/import fees/taxes and duties are the responsibility of the customer.
1. All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post without Insurance or tracking. For an additional cost, we can organise delivery by Australia Post’s Registered Post, Parcel Post, Express Post or Courier Delivery if required.
2. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
3. The risk to Goods is not the responsibility of Smart Foal once they have been DELIVERED TO AUSTRALIA POST.
4. Insurance is available at an extra cost on all delivery services. Smart Foal will not cover any loss of Goods that are not insured.
5. For non-delivery of Goods, please notify Smart Foal by email as soon as possible. If you have purchased Goods with Parcel Post, Express Post or Registered Post, please ask us for the tracking number so that you can contact Australia Post who can then assist you to locate the Goods.
(e) Receipt of Goods
This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law – where consumer guarantees apply, refer to (g) Limitation on Claims below. You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to Smart Foal within fourteen (14) days of receipt of the Goods. If you fail to give such notice, the Goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Smart Foal within fourteen (14) days after receipt of the Goods by you.
(f) Refund Policy
Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.
(g) Limitation on Claims
Smart Foal has no liability to the extent that its performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which Smart Foal is prevented from or delayed in performing any of its obligations and which is beyond Smart Foal’s reasonable and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part, including a failure to correctly set up the system or a failure to exercise reasonable competence and diligence in the use of the goods.
Our liability for failure to comply with a consumer guarantee is limited to:
- in the case of Goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the foregoing, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, the total liability of Smart Foal for loss or damage of every kind, whether:
- arising pursuant to the Terms of Service; or
- arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to Smart Foal for the Goods.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms of Service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms of Service.
(h) Products Purpose
Smart Foal alarms are for monitoring purposes only. The Smart Foal App will show you your mare’s activity levels leading up to labour. Smart Foal does not guarantee that the alarm will sound if your mare goes into labour. Smart Foal alarms are not intended or designed for use in life threatening situations. If your mare or foal are in danger you should immediately contact a trained veterinary professional for assistance. It does not obviate the need for you to personally attend to monitor a mare’s progress during pregnancy.
(i) Warranty disclaimer
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded
(j) Products Warranty
Smart Foal warrants that its products (“the Product”) are free from defects in workmanship and materials for a period of 12 months from the date of purchase. Subject to the Limitations on Warranty set out below, if the product is returned to Smart Foal, Smart Foal will repair or replace the product free of charge.
The warranty above is subject to the following:
- the Product must be returned with proof of payment;
- the Product must not be defaced or changed nor have been tampered with in any other way;
- failure of the Product must not be due to misuse or other abuse; and
- Smart Foal will not be responsible for damage or loss caused during shipping.
All shipping costs incurred in returning defective products for repair or replacement to Smart Foal, together with the costs of returning the repaired or replacement product to you, must be paid by you.
Please note the above warranty applies in addition to any rights you may have under a consumer guarantee.
(j) Intellectual Property
The specifications and design of the Product (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain the property of Smart Foal.
(j) Title and Risk
Title in the Goods does not pass to you until payment has been received. Risk of loss or damage to the Goods passes to you upon dispatch.
Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Smart Foal. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
(l) Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Smart Foal.
(m) Governing Law
These Terms of Service are governed by the laws in force in the Australian Capital Territory, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.