Buyer Terms of Trade

These Buyer Terms of Trade apply to goods purchased from The Tack House, whether purchased through our physical shop, website, social media, electronic communication or another sales channel operated by The Tack House.

By purchasing goods from The Tack House, placing an order or otherwise agreeing to purchase an item, the Buyer agrees to these Terms.

These Terms should be read together with The Tack House Returns, Refunds & Exchanges Policy, Shipping & Collection Policy, Saddle Trial Policy, Arena Use Policy and Privacy Policy.

Nothing in these Terms limits any rights or remedies available to consumers under applicable New Zealand law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

1. ABOUT THE TACK HOUSE

The Tack House is a New Zealand business based in Waimate selling new and quality pre-loved equestrian equipment, accessories, giftware and related products.

Some pre-loved goods are owned by third-party Sellers and are being sold on their behalf through The Tack House.

Regardless of whether an item is owned by The Tack House or being sold on behalf of another person, the Buyer purchases the item through The Tack House.

2. NEW AND PRE-LOVED GOODS

Our range may include both new and pre-loved goods.

New goods should be expected to be in new condition unless clearly stated otherwise.

Pre-loved goods have previously been owned and/or used and should not be expected to have the same condition or appearance as a new item. Signs of previous use may include reasonable wear, marks, fading, scratches, leather creasing, cosmetic imperfections or other characteristics consistent with the item's age and previous use.

We will endeavour to describe the condition of pre-loved goods accurately and disclose known material faults or damage. The age, condition, price, description and disclosed wear or faults of a pre-loved item should be taken into account when deciding whether it is suitable for you.

3. PRODUCT DESCRIPTIONS AND PHOTOGRAPHS

The Tack House takes reasonable care to provide accurate product descriptions, measurements and photographs.

For pre-loved goods, some information may have been provided by the item's previous owner. While we take reasonable steps to present this information accurately, information such as exact age, previous use or history may not always be independently verifiable.

Photographs form part of the description of pre-loved items and Buyers are encouraged to review all available photographs before purchasing. Colour may appear slightly different depending on lighting, photography and the screen or device being used.

If you require additional photographs, measurements or information about a pre-loved item, please contact us before purchasing.

4. PRICING

All prices are stated in New Zealand dollars unless otherwise indicated.

The price displayed or agreed at the time of purchase is the purchase price, together with any applicable shipping or other charges clearly disclosed before the transaction is completed.

If an obvious pricing or listing error occurs, The Tack House will contact the Buyer as soon as reasonably practicable to resolve the matter. We will not knowingly misrepresent the price, condition or availability of goods.

5. PAYMENT

Payment must be made using a payment method accepted by The Tack House.

An order may not be dispatched or released for collection until payment has been successfully received or another payment arrangement has been expressly agreed.

Where a payment is reversed, declined or subject to a chargeback, The Tack House may suspend fulfilment of the order while the matter is investigated.

6. AVAILABILITY

Many pre-loved items are unique and only one of each item is available.

We take reasonable steps to keep stock availability current across our sales channels. Occasionally, an item may sell through one channel shortly before another order is received.

If an item is unavailable after an order has been placed, The Tack House will contact the Buyer promptly and arrange a refund of any amount paid for the unavailable item.

7. ORDERS

An order is subject to acceptance by The Tack House.

We may contact a Buyer where we need to clarify an order, delivery details, product suitability information or payment.

The Tack House may decline or cancel an order where reasonably necessary, including where an item is no longer available, there has been an obvious listing or pricing error, payment cannot be processed, we reasonably suspect fraudulent activity, or we are legally unable to complete the transaction.

Where we cancel a paid order and the Buyer is not at fault, amounts paid for the cancelled goods will be refunded.

8. PRE-LOVED GOODS AND KNOWN FAULTS

Where a material fault, repair, alteration or significant condition issue is known to The Tack House, we will endeavour to disclose it before purchase.

A Buyer cannot subsequently treat a clearly disclosed characteristic or fault as though it had not been disclosed.

This does not affect any rights the Buyer has under New Zealand law in relation to matters that were not disclosed or where the goods otherwise fail to meet applicable legal guarantees.

9. INSPECTING GOODS

Buyers purchasing in store are encouraged to inspect pre-loved goods before completing their purchase.

Where appropriate and reasonably practical, Buyers may ask to inspect, handle or try an item.

For online purchases, Buyers are encouraged to carefully review the product description, photographs, measurements and disclosed condition before ordering. Additional information may be requested from The Tack House before purchase.

10. SADDLES

Saddle fit is individual to both horse and rider.

The purchase of a saddle from The Tack House does not constitute professional saddle-fitting advice unless a qualified saddle fitter has separately provided that service.

The Buyer is responsible for satisfying themselves that a saddle is appropriate for their horse and intended use. We strongly recommend obtaining professional saddle-fitting advice where appropriate.

The Tack House does not guarantee that a particular saddle will fit a particular horse simply because measurements, photographs or general information have been discussed.

11. SADDLE TRIALS

Saddle trials are available by prior arrangement and must take place on The Tack House premises.

Saddles will not be released or taken away from The Tack House for off-site trials.

Buyers are welcome to bring their horse to The Tack House by prior arrangement and may trial an eligible saddle using our arena. Use of the arena is subject to The Tack House Arena Use Policy, and the saddle trial itself is subject to The Tack House Saddle Trial Policy.

The Buyer is responsible for assessing the suitability and fit of the saddle for both horse and rider. The Tack House does not provide professional saddle-fitting advice unless a suitably qualified saddle fitter has been specifically engaged to provide that service.

The Tack House reserves the right to decline or stop a saddle trial where we consider the conditions, horse, rider, equipment or proposed use unsuitable or unsafe.

12. BRINGING YOUR HORSE TO THE TACK HOUSE

Buyers are welcome to bring their horse to The Tack House by prior arrangement for the purpose of viewing and trialling eligible saddles or other suitable equipment.

Trials may be undertaken using The Tack House arena on the property. Horses must not be brought onto the property without prior arrangement.

Any person bringing a horse onto The Tack House property or using the arena must comply with The Tack House Arena Use Policy. Use of the arena is subject to the terms, conditions and safety requirements set out in that policy.

The person bringing the horse is responsible for the supervision, handling and control of their horse at all times and for assessing whether they and their horse can safely participate in the trial. Children must be appropriately supervised by a responsible adult.

The Tack House may set reasonable conditions around the use of the arena and property and may stop or decline a trial where necessary for safety, animal welfare, weather, ground conditions or another reasonable reason.

Saddles and other trial equipment must remain on The Tack House premises throughout the trial.

13. SHIPPING AND DELIVERY

Shipping and delivery are governed by The Tack House Shipping & Collection Policy.

Shipping charges may vary depending on the size, weight, value and destination of the order. The Buyer is responsible for providing accurate delivery information.

The Tack House will take reasonable steps to ensure goods are appropriately packaged and dispatched. Delivery timeframes provided by couriers are estimates unless expressly stated otherwise.

Nothing in these Terms limits The Tack House's obligations relating to delivery under applicable New Zealand consumer law.

14. LOCAL COLLECTION

Orders may be collected from The Tack House in Waimate by arrangement.

Buyers should wait for confirmation that their order is ready before travelling to collect it. Higher-value orders may require identification or confirmation of purchase before release.

15. RETURNS, REFUNDS AND EXCHANGES

Returns, refunds and exchanges are governed by The Tack House Returns, Refunds & Exchanges Policy and applicable New Zealand law.

The Tack House is not generally required to provide a refund simply because a Buyer has changed their mind. We may choose to offer an exchange or store credit in appropriate circumstances at our discretion.

This does not affect a Buyer's legal rights where goods are faulty, unsafe, do not match their description, are not fit for an agreed purpose or otherwise fail to comply with applicable consumer guarantees.

16. FAULTY OR MISDESCRIBED GOODS

If you believe an item is faulty, unsafe, materially different from its description or otherwise does not meet applicable consumer guarantees, please contact The Tack House as soon as reasonably practicable.

We may ask for photographs, details of the issue, information about how the item has been used and/or the item to be returned or made available for inspection.

The Tack House is entitled to reasonably investigate the issue before determining the appropriate remedy. Where required under the Consumer Guarantees Act or other applicable law, an appropriate repair, replacement, refund or other remedy will be provided.

17. MISUSE, ALTERATION OR BUYER DAMAGE

The Tack House is not responsible for problems caused after purchase by misuse, inappropriate use, accidental damage, failure to properly care for the item, unauthorised alterations or repairs, incorrect installation or fitting, normal wear and tear, or use inconsistent with the item's intended purpose, except where applicable law provides otherwise.

18. EQUESTRIAN EQUIPMENT AND SAFETY

Equestrian activities involve inherent risks and equipment should always be selected, fitted, maintained and used appropriately.

The Buyer is responsible for ensuring equipment is suitable for the horse, rider, intended discipline and intended use. Where specialist fitting or professional advice is appropriate, Buyers should obtain that advice.

Where a horse is brought onto The Tack House property for a trial or other approved purpose, the Arena Use Policy also applies.

Nothing in these Terms excludes responsibility The Tack House may have for supplying goods that are required by law to be safe or fit for an agreed purpose.

19. HELMETS, SAFETY EQUIPMENT AND PROTECTIVE PRODUCTS

Where The Tack House sells helmets, protective equipment or other safety-related products, Buyers should ensure that the product is appropriate for their intended activity and complies with any standards required by their club, association, competition or governing body.

Pre-loved safety equipment will only be offered where The Tack House considers it appropriate to do so. The Tack House may decline to accept or sell pre-loved safety equipment where its history, condition or safety cannot reasonably be established.

20. PRODUCT CARE

Buyers are responsible for following any manufacturer instructions relating to cleaning, maintenance, storage and use.

Leather and other natural materials may change over time and require appropriate care. Normal deterioration caused by age, environmental exposure, inadequate maintenance or ordinary use is not necessarily a product fault.

21. GIFTWARE AND NON-EQUESTRIAN PRODUCTS

The Tack House may also sell horse-inspired giftware, accessories, homewares and other products.

Any product-specific care instructions or warnings should be followed. The same applicable New Zealand consumer protections apply to these products.

22. WEBSITE AND ONLINE SHOPPING

The Tack House may sell products through its website and other online channels.

Buyers are responsible for ensuring information provided when ordering is accurate. We take reasonable steps to keep product information and availability current, but temporary website errors or technical issues may occur.

Important conditions relating to an individual product will be displayed or communicated as clearly as reasonably practicable before purchase.

23. INTELLECTUAL PROPERTY

Unless otherwise stated, photographs, product descriptions, graphics, branding, logos and original content produced by The Tack House remain the intellectual property of The Tack House or are used with permission.

They must not be reproduced or used commercially without permission.

24. PRIVACY

Personal information collected from Buyers will be handled in accordance with The Tack House Privacy Policy and the Privacy Act 2020.

Information may be collected where reasonably necessary to process orders, arrange shipping or collection, communicate with Buyers, manage returns or enquiries and operate The Tack House.

25. LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

To the extent permitted by law, The Tack House will not be responsible for loss resulting from circumstances outside our reasonable control or from a Buyer's misuse, incorrect fitting, alteration or inappropriate use of a product.

Nothing in this clause limits The Tack House's obligations under applicable New Zealand consumer law.

26. BUSINESS PURCHASES

Where goods are acquired for business purposes, different legal rules may apply.

Any agreement to contract out of the Consumer Guarantees Act for a business-to-business transaction must be expressly agreed in writing and must satisfy the requirements of New Zealand law.

These Terms do not automatically contract out of the Consumer Guarantees Act.

27. CHANGES TO THESE TERMS

The Tack House may update these Buyer Terms of Trade from time to time.

The Terms applying to a purchase will generally be those in effect when the transaction is entered into. Changes will not retrospectively remove rights or materially alter a completed transaction.

28. NEW ZEALAND LAW

These Terms are governed by New Zealand law.

Nothing in these Terms is intended to exclude, restrict or modify rights or remedies that cannot legally be excluded, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

29. CONTACT

Questions about an order, product or these Terms can be directed to:

The Tack House
Waimate, New Zealand
Email: info@thetackhouse.co.nz