Terms and Conditions

By on 26th August 2016

Thank you for visiting us at CX+ Sport.

This page together with our Privacy Policy and Cookie Policy tells you information about us and the legal terms and conditions (Terms and Conditions) on which we sell any of the products listed on our website (the Website) to you. Please review our policies to understand our practices.

The Terms and Conditions will apply to any contract between us for the sale of products to you via the Website. Please read these Terms and Conditions carefully before placing your order and if you have any queries please contact our Customer Service team at customerservices@cxsport.ie. By using the Website you are agreeing to be bound by these Terms and Conditions and any additional terms and conditions that may be applicable to certain promotions, events or otherwise from time to time.

Further terms and conditions will be in force for events, promotions and other activity on the Website from time to time and you should also familiarise yourself with these terms and conditions as they arise.

These Terms and Conditions will change from time to time so please regularly check this page to note any changes that may be made. Changes to Terms and Conditions will only apply to orders placed after that change has been made.

You may use the Website only in accordance with these Terms and Conditions for lawful and proper purposes which must be in compliance with all applicable laws, regulations and codes of practice in Ireland, the EU and any other jurisdiction from which you are accessing the site.

INFORMATION ABOUT US

We operate the Website. We are Horseware Products Limited (“we”, “us”, “our”), a company registered in Ireland under company number 107321 and with our registered office at Horseware Buildings, Finnabair Industrial Estate, Dundalk, Co. Louth. Our main trading address is Horseware Buildings, Finnabair Industrial Estate, Dundalk, Co. Louth.

INFORMATION YOU PROVIDE TO US

In using the Website you agree that you:

  • will provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by CX+ Sport and its associated companies or affiliates (herein referred to as)
  • will not disclose any unauthorised, false or fraudulent details
  • will not post, transmit or otherwise disseminate any information on or via the Website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
  • will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy

If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. We reserve the right to disable any User ID or password either chosen by you or allocated by us in the event that we believe you may have failed to comply with the Terms and Conditions.

You are responsible for your method of access to the Website. You are also responsible to ensure that all persons accessing the Website through your internet connection are aware and in compliance with the Terms and Conditions.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

CHILDREN UNDER 18

If you are under 18, you must ask your parents or a guardian before you:

  • E-mail the website, or ask us to e-mail anything to you
  • Send us any information
  • Buy anything online

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.

In return for allowing you to use the CX+ Sport web site and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation we have is immediately null and void.

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which we use such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by CX+ Sport anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our policy as it includes important terms which apply to you.

CONDITIONS OF MAKING AN ONLINE PURCHASE

You may purchase certain goods online at the Website. Please see our delivery and returns information for details of delivery charges and restrictions. The delivery times given are estimated and from time to time may be affected by events outside our control, for example inclement weather or postal strikes, for which we will not be responsible.

By placing an order online you make an offer to purchase in accordance with these Terms and Conditions. We will acknowledge receipt of your order both online and via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been dispatched and payment has been made. You will be responsible for all applicable taxes, duties or other charges that may be applied by us or otherwise to your order.

We reserve the right to refuse any order for any reason. Orders may be delayed or cancelled where we are not given completely accurate information and/or is unable to contact the person who placed the order or cardholder responsible for payment of same.

Once we accept your order it cannot be amended. Therefore please ensure it is accurate when you confirm the order.

Once you’ve placed an order on the Website, we will send you an email to acknowledge your order. This acknowledgement does not imply an acceptance of the order. For orders paid via credit or debit cards or PayPal account, your account will be charged at the time of order. Once the items have been shipped you will receive an email informing you of the shipment.

Delivery time is between 7-10 working days from the date of purchase. Delivery times cannot be guaranteed.

You can return items within 14 days of receipt. Please see our Returns Policy for exclusions, conditions and method of return.

PRESENTATION, PRICING AND AVAILABILITY OF GOODS

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the styles and colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your products may vary slightly from those images.

We always aim to ensure that all details, sizes, colours, descriptions and prices appearing on the Website are accurate, but from time to time errors may occur. While we try to accurately represent the colour of an item in our photographic representation of the item may be affected by the settings of the computer on which it is viewed or for other technical reasons.

Where we have made an error in the price of an item on our site we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price, or cancel the order.

Prices are subject to change without notice.

All items sold are subject to availability and while every effort is made to fulfil your order, products turn over very quickly in our warehouse and on rare occasions the item you require may not be available although you have received a confirmation of your order. We will advise you by email if we have to cancel your order for this reason, and a refund or credit note will be arranged.

PAYMENT

All prices are inclusive of Irish VAT rate (23%). Delivery costs are charged in addition to the product price. Any additional charges are clearly displayed where applicable and included in the total cost when you check out.

If you are paying by credit or debit card, we will carry out a standard pre-authorization check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be dispatched until the pre-authorization check is complete and authorization has been provided by the card issuer. We are not responsible for any failure of the card issuer to provide authorization and will not ship your order until authorization has been received by CX+ SPORT. By placing an order you confirm you are the authorised card holder.

Your credit or debit card or PayPal account will be charged at the time of order.

If you order goods from the Website for delivery in another jurisdiction other than the Republic of Ireland, or order goods using a non-Euro denominated credit or debit card, the actual price you will be charged will be subject to the exchange rate applied by your credit or debit card company.

If you have paid via your PayPal account, your account will be charged at the time of the order, once you confirm your order on the Website. If we are unable to ship your items to you for some reason, we will refund the value of the items that were not sent. This refund will be made to the payment method that you used for the order.

During the checkout process, we may use the information you provided to detect and prevent fraudulent activity. In so doing, we may disclose your address and postcode, as well as other information about your order, to third parties to perform that validation. Any disclosure of your information is done securely and you will never receive any marketing solicitation as a result of the information provided.

We take reasonable care to safeguard against unauthorised parties accessing your order information. However, we shall not be held liable for any loss caused by a third party accessing the data you’ve provided while using the Website. We shall not be held liable to any person for any loss caused by the use of any of the information contained in or displayed on the Website. For additional information please see our Privacy Policy.

PROMOTIONS

From time-to-time we may offer certain online promotions which may apply to certain items purchased on the Website. The conditions relating to the discounts offered through those promotions will be specified at the time of issue.

LINKING TO THE WEBSITE

You may link to the Website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.

  • The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation
  • The link must not suggest any form of association, approval or endorsement on our part where none exists
  • You must not establish a link from any website that is not owned by you.
  • The Website must not be framed on any other site.

LINKS TO OTHER WEBSITES

The Website may contain links to sites not owned or operated by us. These links are not intended to be referrals or endorsements of the linked sites and we provide them for your convenience only. We are not responsible or liable for any part of the linked site including any information presented or security or other functionality of these websites. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.

The Website may also contain links to other sites operated by us. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.

COPYRIGHT, TRADE MARK AND OTHER INTELLECTUAL PROPERTY RIGHTS

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively “Content”) are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by us or our suppliers. All software used on the Website is our property, its suppliers or third party suppliers as applicable and is protected by Irish and international copyright and other intellectual property laws.

Subject to these Terms and Conditions, we grant a non-exclusive, non-transferable, limited right to access and use the Website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

Guidelines for use

  • You may print off a copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organization to material posted on the Website
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from the Website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
  • Our status (and that of any identified contributors) as authors, owners or licensees of material on the Website must always be acknowledged
  • You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors
  • If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made
  • We reserve the right to claim damages, financial or otherwise, for any breach of these guidelines.

SUBMISSION AND UPLOADING MATERIAL TO THE WEBSITE

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to us or through the Website or otherwise disclosed, submitted or offered by you to us (collectively “Submissions”) shall be and remain our property. Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to us of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such we will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, we shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. We shall have no obligation to keep confidential, use, return or review any Submissions.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the Website.

SOCIAL MEDIA HOUSE RULES

The Horseware Social Communities have been created with you in mind. We want to show you what we’re doing and communicate with you on things that interest you and at the same time provide a channel where you can engage and interact with others who have similar interests to you.

That being the case we want everyone to feel comfortable visiting our social pages (Facebook, Twitter, Pinterest, Tumblr and Instagram) to discuss sport, sports apparel and sports fashion. This means we monitor and review comments and remove anything that we deem to be inappropriate, offensive or contain external links that we feel might cause offense to other users. If you post something that is relevant then it will be left.

Comments left by others do not represent our opinions.

A list of things that we consider to be in breach of our house rules includes, without limitation:

  • 1. Any comments which we consider threatening, harassing, abusive, violent, inciting violence or otherwise inflammatory to others (including other social media users) will be removed and users may be banned.
  • 2. Any posts that are seen to be encouraging or may encourage conduct that would be considered a criminal offence will be removed and users may be banned.
  • 3. Any comments that are discriminatory, racist, sexually explicit, vulgar, or offensive to others (including other social media users) will be removed and users may be banned.
  • 4. Any comments that contain unlawful content or might encourage unlawful behavior will be removed and users may be banned.
  • 5. Any comments that included promotional information, including links to third parties or their products or services may be removed.
  • 6. Any comments that contain political or religious activism or sectarian language will be removed.
  • 7. Any content that infringes or may infringe third party intellectual property, privacy, or publicity rights will be removed.
  • 8. Any content, comments or posts that are defamatory will be removed.
  • 9. False, fraudulent, or misleading comments may be removed.
  • 10. Any content that we consider to be spam, corrupt or may contains viruses that will be harmful to other users devices will be removed.

DISCLAIMER OF LIABILITY

The Website, its content, any material displayed on the Website, any information available on or through the Website and the software is provided “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.

Unless expressly stated to the contrary, to the fullest extent permitted by law, we and our suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or grossly negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
  • Any loss of goodwill or reputation or
  • Any consequential or indirect losses suffered or incurred arising out of or in connection to the Website or the linked sites and any materials posted thereon
  • Any failure of a product ordered from the Website to meet your expectations regarding fitness for purpose or for loss, injury or damage caused by a produce ordered online

We do not represent or warrant that your use of the Website, or the operation or function of the Website or any services offered in connection with the Website will be uninterrupted or error free; that defects on the Website will be corrected; or that the Website or its server or any links are free of viruses or other harmful elements.

Although the Website is available worldwide, not all products or services discussed or referenced are available to all persons in all geographic locations due to restrictions placed on product distribution by our suppliers or otherwise. we reserve the right to limit at its sole discretion supply of these products and services as it so desires and any offer of any product or service on the Website shall be void where prohibited

Nothing in these Terms and Conditions shall limit our liability for death or personal injury arising from gross negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.

We will not be responsible for a failure to sell goods which you wish to buy or failure to comply with our obligations to you or any costs or liabilities which you incur as a result of circumstances beyond our reasonable control.

Indemnity
You agree to indemnify, defend and hold harmless our directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Website or your breach of these Terms and Conditions.

Variation
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of the Website.

Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning and intent of the term as is permitted by law.

Assignment
Any contract arising from the acceptance by us of an order is legally binding on both parties and cannot be assigned by you to another party without our express agreement. We may transfer or assign our rights under any contract or appoint third parties to assist us in performing our obligations at any time provided it does not affect our obligations to you.

Waiver
If you breach these Terms and 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.

Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of the Republic of Ireland and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement
The above Terms and Conditions, the Privacy Policy, the Returns Policy and the Cookie Policy and any emails regarding the services we provide constitute the entire agreement of the parties (us and you) and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by one of our Directors.