ARTICLE 1 - INTRODUCTION
Lim USA INC. 3040 Fairlane Farm road, Wellington, FL 33414, USA
Hereafter referred to as the “Company”
ARTICLE 2 - AIM
The present General Conditions of Sale (the “Sale Terms”) define the rights and obligations of the Parties with regard to the sale of products off-premises. The Client declares to have read these Sale Terms and accepts the rights and obligations arising from them.
ARTICLE 3 - RETURNS
All sales are final and there will be no refunds or replacements for products purchased by the Client. In exceptional circumstances, if the Company consents to a return, in writing, the items must be returned at the Client’s expense (postage prepaid). A restocking fee of 33.3% will be charged for tack returns. A $2000 restocking fee will be charged for our Classic line of saddles. A $3000 restocking fee will be charged for our Dynamic line of saddles. All restocking fees are non-negotiable.
ARTICLE 4 - TRIAL PERIOD ON USED SADDLES
For the purposes of these General Conditions of Sale, “Used Saddle” means a saddle which has been previously owned or used. If the Client has ordered a Used Saddle from the Company, he or she will be granted a trial period of 15 days from the date of delivery of such Used Saddle. If the Client determines that the Used Saddle does not meet his or her expectations for any reason during such 15-day trial period, he or she will be eligible for a refund of the Used Saddle purchase price and shipping costs if: (1) the Client mails the Used Saddle back to the Company’s office in Wellington, Florida prior to the end of the 15-day trial period, and (2) the Used Saddle is received by the Company in the same condition it was in at the time it was shipped to the Client, as determined in Company’s sole discretion. For avoidance of doubt, any Used Saddle that the Client returns to a Sales Representative, rather than directly to Company’s Wellington, Florida office, shall not be refunded. Restocking fees are not charged for Used Saddles.
ARTICLE 5 - PAYMENT
Full payment of the purchase price and all applicable taxes is to be received by the Company before delivery of the products.
Acceptable methods of payment are cash, cheques and bank transfers.
The Client may not withhold all or any part of the purchase price for any reason whatsoever.
In the event that the Company has to go through a collection agency to collect a debt, the Client shall incur all collection agency fees. In the event the Client returns a saddle in lieu of payment, the Client will incur a 15% restocking fee.
ARTICLE 6 - SECURITY DEPOSIT
In the event that the Client participates in a trade in offer, requests an exchange, or opts to use a loaner saddle, the Client understands that he or she will be asked to put down a security deposit equal to the value of the saddle to be traded in, returned or loaned out. In the event that the Company does not receive the traded in, exchanged saddle or loaner saddle back within 2 weeks of the Client’s shipment of the new saddle, the Client understands that the security deposit will be forfeited to the Company.
In the event of a trade in, the Client understands that the full value of the order including applicable sales tax will be charged. If the traded in saddle is received within the time-frame specified above, the Client will receive their security deposit and applicable sales tax back.
ARTICLE 7 - TACK EXCHANGES
In the event that the Client requests an exchange of tack, the Client understands that the returned tack must still be in new condition with no custom modifications made by the Client. Returned tack must be returned directly to the Company’s Wellington Florida office, and it cannot be given to a sales representative under any circumstances.
The Client understands and agrees that the Client’s new tack will ONLY be shipped out from the Company’s Wellington Florida office once the Company has received and verified the returned tack, or if the Client has opted to pay for the tack.
The Client understands that if they pay for tack to be delivered immediately, they will be refunded from their original purchase once we have received and verified the returned tack at our Wellington Florida office.
Tack that was sold as part of a package deal with a saddle can only be exchanged, no refunds will be given.
ARTICLE 9 - PREREQUISITES FOR ORDERING
The Client guarantees that information given to the Company on the Order form is complete and accurate and as such the Company is not responsible for any invalid or inconsistent information provided by the Client. The Company is within its rights to refuse a Client Order if: (i) it is made by a Client who owes money for part or all of a previous Order; or (ii) it does not conform to these present Sale Terms.
ARTICLE 10 - PROOF OF ORDERING
In general terms, it is explicitly agreed between the Company and the Client that emails will be admissible between the Parties, as will any methods of automatic recording used.
ARTICLE 11 - TITLE RETENTION
THE COMPANY RETAINS THE OWNERSHIP OF TRODUCTS DELIVERED UNTIL FULL PAYMENT HAS BEEN MADE. THE PAYMENT IS CONSIDERED TO HAVE BEEN MADE UPON RECEIPT OF THE FULL PRICE. IN THE EVENT OF NON PAYMENT OR PARTIAL PAYMENT, THE COMPANY MAY, WITHOUT FORMAL NOTICE, RECLAIM ANY PRODUCT(S) THAT MAY HAVE BEEN DELIVERED BY THE COMPANY TO THE CLIENT.
ARTICLE 12 - DELIVERY
Products may only be delivered to the Client’s usual place of residence or to the address given by the as set out in the Order, not forgetting that the address must match the usual place of residence of the third party chosen by the Client, or, failing that, the address of the Company for whom he/she works, assuming that this is located in a country in which the Company delivers, and bearing in mind that no deliveries can be made to hotels or post office boxes. In this respect, the Client guarantees to have provided the exact address of his/her usual residence at the time of validating it. Once the full payment for the products has been received, the products will be delivered to the address provided by the Client. The Company delivers ordered items from Monday to Friday between 9am and 1pm, excluding bank holidays. Home delivered Orders must be signed for. Delivery will be carried out within the time scale indicated on the Order form.
ARTICLE 13 - INSPECTION BY CLIENT
The Client must inspect the products upon receipt and all claims for damaged or defective products must be made to the Company in writing within five (5) days after the date of the delivery to the Client.
ARTICLE 14 - LIMITED WARRANTIES
The Company warrants that the Products will be free of defects in workmanship and materials for a period of one (1) year following the date of delivery to the Customer. This warranty shall expressly exclude any damage caused by improper use or misuse or accident.
Claims for warranty repairs must be made within the one (1) year time period described in this Section 11. The Customer’s sole remedy under this warranty and the Company’s sole obligation is limited to repair or replacement of any defective Products. In no event shall the Company be liable for any damages, direct or indirect, special or consequential, including, without limitation, damages for lost profits, business interruption,
economic loss, personal injury or death to persons or animals arising out of the supply and use of the Products and the Customer releases the Company from any and all of such claims.
ARTICLE 15 - FORCE MAJEURE
Fulfilment by the Company of all or part of its obligations will be suspended in the event of force majeure. The Company will inform the Client of such a case of force majeure within seven (7) days of its occurrence. If this situation persists beyond fifteen (15) days, the Client may request the cancellation of his/her Order. This will be reimbursed by the Company as soon as possible by crediting the Client’s bank account.
ARTICLE 16 - NON-RENUNCIATION
The fact that the Company ceases to be able to fulfil one of the clauses of these Sale Terms at a given moment cannot be interpreted as a waiver to later invoke said total or partial breach.
ARTICLE 17 - VALIDITY OF THE SALE TERMS
If one of the clauses of the present Sale Terms is declared wholly or partially invalid, the other clauses and rights and obligations arising from these Sale Terms will remain unaltered and applicable.
ARTICLE 18 - SETTLEMENT OF DISPUTES
The present Sale Terms are executed and interpreted in accordance with the laws of the Province where the Order is signed.
ARTICLE 19 - PERSONAL INFORMATION PROTECTION
The Company attaches particular importance to the processing, confidentiality and security of your Personal Data.
The aim of this Privacy and Data Protection Charter is to communicate to you, in a clear, simple and precise manner, company ’s policy and practices regarding the collection, use and disclosure of information about you, in accordance with applicable data protection laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
