GROUNDBREAKING REDEFINED

TERMS & CONDITIONS

Site Terms of Use

Your use of www.costinhorseshoes.com is subject to these terms of use. If you do not accept these terms of use, you must refrain from using this site or making a purchase from the site.

1. Definitions

In these Terms of Use, unless the context requires otherwise, the following words shall have the following meanings:
Company means Plastic Horseshoes Pty Ltd ABN 70 609 402 397;
Customer or You means the person who views the Site and/or buys products and/or services from us;
Related body corporate means each related body corporate of the Company;
Site means www.costinhorseshoes.com;
Terms means these terms of use applying to the Site;
We or Us means the Company or any related body corporate.

2. Purchasing from the Company

(2) The goods and services described in this site are available for you to make an offer to the Company via the site to purchase at the specified price or until otherwise removed from the site or and where the Company accepts your offer, the Company will sell the goods or services to you in accordance with the Terms and Conditions of Sale.

3. Site Content

(1) The Company may, at any time, add or remove content from this site without notice. (2) Any articles, information or content published on this site must be read subject to these Terms. (3) Although the Company uses its best endeavours to confirm the accuracy of any information published on this site, you agree that the Company cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Company or by manufacturers or suppliers changing product specifications without notice to the Company. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. (4) The information, materials and services in this site are provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback. (5) This site may feature or display third party advertising or content. By featuring or displaying such advertising or content, the Company does not in any way represent that the Company recommends or endorses the relevant advertiser, its products or services. (6) The Company nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold the Company liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them. (7) The Company may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Company does not accept any responsibility in connection with your participation in activities conducted by any other party.

4. Your Use of the Site

(1) You agree to use this site only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines. (2) You agree that you will not engage in any activity that interferes with or disrupts this site or the servers and networks that host this site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this site or features that prevent or restrict use or copying of any content or enforce limitations on the use of this site or the content. (3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. (4) The Company may stop (temporarily or permanently) providing access to this site to you, or to guests or members generally, at its discretion and without prior notice to you. (5) The Company may in its sole discretion restrict your access to this site. If the Company does this, you may be prevented from accessing all or parts of the site, your account details or other content contained in your account. The Company will not be liable to you or any third party for doing so. (6) As electronic sites are subject to interruption or breakdown, access to this site is offered on an "as is" and "as available" basis only. (7) The Company may impose limits or restrictions on the use you may make of this site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, The Company may withdraw this site, or change or remove site functionality at any time without notice to you.

5. Intellectual Property Rights

(2) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this site, are owned by the Company or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them. (3) Nothing contained on this site is to be interpreted as a recommendation to use any information on this site in a manner which infringes the intellectual property rights of any person. The Company makes no representations or warranties that your use of the information on this site will not infringe such intellectual property rights. (4) You may view this site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another site or create derivative works from any part of this site or commercialise any information obtained from any part of this site without the prior written consent of the Company or, in the case of third party material, from the owner of the copyright in that material. (5) You may not modify or copy the layout or appearance of this site nor any computer software or code contained in this site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this site. (6) If you correspond or otherwise communicate with the Company, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this site and developing your ideas and suggestions for improved products.

6. Links to Other Websites

(1) This site may contain links to other websites, content or resources, which are owned or operated by third parties. These linked sites are not under the Company’s control and the Company is not responsible for the operation, availability or contents of any linked site or any link contained in a linked site. The Company provides these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, the Company disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked sites. You should carefully review the terms of use and privacy policies of all other party’s sites that you visit. (2) The Company reserves the right to prevent third parties from linking to this site.

7. Secure Data and Transmissions

(1) Given the nature of the internet, the Company cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and the Company does not warrant that your access to the site will be uninterrupted, error free or that any defects will be corrected. Whilst the Company and its third parties take precautions to protect information, the Company does not warrant and cannot ensure the security of any content or information you transmit via the site. You therefore transmit to the site at your own risk. However, once the Company or its third party receives your transmission, the Company and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the site, please contact our Service Team immediately. (2) You must take your own precautions to ensure that the process which you use to access the site or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither the Company nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this site, any website or any linked website.

8. Cookies

(1) Cookies may be used on this site to gather data in relation to this site and you consent to this (although you may be able to disable cookies on your web browser).

9. Use of Your Information and Material

The Company appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this site may be improved or materials which may be added to this site. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of the Company. The Company may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

10. Privacy Policy

The Company’s Privacy Policy available on this site explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

11. Disclaimer

(1) The Company and related body corporate make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this site or to its availability, functionality or performance, except as otherwise provided under any applicable law. (2) The Company and related body corporate do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this site or any linked site, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this site. To the maximum extent permitted by law, the Company and related body corporate disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this site or the information that it contains. (3) The use of the information on this site is at your own risk. To the extent permitted by law, the Company and related body corporate exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this site or provided through this site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, the Company and related body corporate limit their liability to the re-supply of the relevant information or services. (4) You agree to indemnify each of the Company and related body corporate and other persons involved in the creation of this site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this site, any information that you provide via this site or any damage that you may cause to this site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this site in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Company makes no representations that the content of this site complies with the laws of any country outside Australia.

13. General

These Terms may be amended at any time without notice and your access to this site may be terminated at any time without notice. Your continued use of this site following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this site is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “site” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms and Conditions of Sale

Your purchase of goods from www.costinhorseshoes.com is subject to these Terms and Conditions of Sale, the terms of use applying to the Site and our Returns and Refunds Policy.  If you do not accept these terms conditions, you must refrain from using this site or making a purchase from the site.

1. Definitions

In these Terms and Conditions of Sale, unless the context requires otherwise, the following words shall have the following meanings:
Company means Plastic Horseshoes Pty Ltd ABN 70 609 402 397;
Customer or You or User or Guest or Member means anyone who visits or uses the site or buys products from us;
Order means an offer made by you in response to an invitation to treat made by the Company via the site;
Related body corporate means each related body corporate of the Company;
Site means www.costinhorseshoes.com;
Terms means the Terms and Conditions of Sale of Goods and/or Services via the Site;
Third Party A reference to a third party in these terms includes a reference to any agent or contractor of the Company and any related body corporate and any person engaged by any of them, in the creation, provision or maintenance of the site or in the fulfilment of Orders made through the site, and includes any of them.
We or Us means the Company or any related body corporate.

1. Sale of Goods and/or Services

(1) The goods and services described in this site are available will be available for you to make an offer to the Company via the site to purchase or until otherwise removed from the site and where the Company accepts your offer, the Company will sell the goods and/or services to you in accordance with these Terms.  (2) You and the Company may enter into a sale contract for the sale and supply of products, by you making an offer to the Company via the site, to purchase goods at the specified price, subject to the Terms. 2. User Agreement (1) By accessing and/or using the site, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. (2) These Terms may be amended at any time without notice and your access to this site may be terminated at any time without notice. Your continued use of the site following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the site and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

2. User Agreement

(1) By accessing and/or using the site, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. (2) These Terms may be amended at any time without notice and your access to this site may be terminated at any time without notice. Your continued use of the site following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the site and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

(1) You may access and/or use the site as a guest or as a member. (2) To become a member of the site, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the site or by contacting our Service Team. (3) You will receive an email from us as soon as practicable after you create your membership account. (4) We only permit one registration per email address. (5) You must not use another member’s account without permission. (6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. (7) If you forget your password you may click on the relevant link located on the site and we will email you a new password, or you may contact our Service Team. (8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the site or purchase products from the site. (2) Any Order and/or purchase made by you using this site is an acknowledgement by you that you: i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with the Company in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and the Company for the supply of products. (3) The Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage the Company may suffer as a result of a transaction entered into by a minor.

5. Orders

(1) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order. (2) Representations of products for sale made by the Company via the site do not constitute an offer to sell but an invitation to treat. (3) You and the Company may enter into a contract for the sale and supply of products by you making an offer via the site to purchase a product at the price advertised on the site by: (i) placing an electronic Order for the products using the site; 
(ii) you confirming the Order details in accordance with the procedure on the site; 
(iii) you making payment in full (plus any applicable delivery charges) on the site; and 
(iv) the acceptance of that offer by the Company.
(4) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms. (5) When entering into a sale contract via the site, you will be taken to have communicated your offer to purchase the product(s) only when: (i) any requirements set out in these terms have been met; 
(ii) the electronic instruction containing the offer from you enters and is recorded in our database; 
(iii) a record is created and stored in our database; and 
(iv) The Company receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database. (6) You acknowledge that: (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by the Company for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party site providers or systems; 
(ii) to the extent permitted by law, the Company is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the site, or any failure to receive an electronic instruction for whatever reason; 
(iii) The Company may act on and process all completed electronic instructions transmitted or issued through the site without further consent from or reference to you; and 
(iv) The Company may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. (7) You will receive an email from the Company as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Service Team. (8) If your Order is not accepted by the Company, the Company will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. (9) The Company may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the site, or an error in your Order. (10) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If the Company cannot supply a particular product, the Company will notify you by telephone or email as soon as possible. (11) The Company will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.

6. Price

(1) Prices shown are in Australian dollars, unless otherwise shown and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.  (2) We reserve the right to correct any errors published on the site.

7. Payment

(1) All payments must be made in full prior to delivery. (2) Payments must be made via the Adobe or PayPal secure payment gateway facilities accessible via the site and will be subject to any terms of these providers.

8. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by the Company, the Company will sell and supply the products to you as shown on your Order confirmation. (2) Products may not be available for immediate delivery. The Company will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order.  (4) If the Company gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and the Company will arrange for a full refund of any payment made by you to be processed. (6) Delivery times may be greater than 10 business days for regional or remote areas.

9. Delivery by Post or Carrier in Australia

(1) The terms of this clause apply where you select to have your goods delivered to a specified address in Australia. (2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes. (3) On receipt of your Order by the Company, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order. (4) If you Order large or bulky items, the Company will contact you by telephone or email to arrange with you a suitable time for delivery. (5) You will be required to be available in person to accept delivery of your Order. (6) If you wish to change the delivery date or delivery address you must let the Service Team. know at least 48 hours prior to the dispatch of your Order. (7) The Company will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however the Company does not warrant that these timeframes will always be met, as many factors may affect these timeframes. (8) The Company cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

10. International Orders (destinations other than Australia)

(1) For international orders, please allow 2-3 weeks delivery. International customers will be responsible for any import duties, taxes or any other import related and rejected delivery costs.  (2) The Company will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however the Company does not warrant that these timeframes will always be met, as many factors may affect these timeframes. (3) The Company cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

11. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

12. PayPal and credit card fraud

(1) The site employs the latest in Secure Sockets Layer technology from Adobe and PayPal secure payment gateway to secure our payment systems. (2) To the extent permitted by law, the Company and any related body corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

13. Disclaimer and Indemnity

(1) To the extent permitted by law, the Company and any related body corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the site including, but not limited to, loss or damage you might suffer as a result of: (i) errors, mistakes or inaccuracies on the site; (ii) you acting, or failing to act, on any information contained on or referred to on the site and/or any linked site; (iii) personal injury or property damage of any kind resulting from your access or use of the site; (iv) any unauthorised access to or use of the sites secure servers; (v) any interruption or cessation of transmission to or from the site; (vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the site by any third party; and/or (vii) the quality or fitness for any purpose of any linked sites. (2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, the Company and any related body corporate will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the site. (3) You will at all times indemnify, and keep indemnified, the Company and any related body corporate including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms. (4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

14. Order Enquiries

If you have any query about the progress of your Order please contact the Service Team.  Please have your Order number handy as shown on the email confirmation.

15. Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) rights under our Refund and Returns Policy(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or (c) to have the product replaced or to receive a refund of the price paid by you for the product. (2) If your Order arrives damaged, please contact the Service Team.

16. Privacy and Personal Information

(1) Our Privacy Policy [hyperlink] available on this site explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth). (2) The privacy of your personal information is important to the Company. (3) The Company and its third parties may collect personal information directly from you when you register as a member of the site, when you place an Order, or when you contact our Service Team. Personal information may include your name, residential and/or postal address, telephone number and email address. (4) Your personal information is not collected if you only browse this site. (5) Online payments are handled by TNS and Paypal. the Company does not store your credit card or banking details. Please check the www.tnsi.com and paypal.com.au sites for details of their privacy policies and security measures. (6) Each of the Company and related body corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that the Company and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the site that the Company thinks may be of interest to you. If you would prefer not to receive promotional or other material from the Company or its third parties, please let us know and the Company will respect your request. You also agree that the Company may contact you by telephone to arrange delivery or collection of your Order. (7) You may request the Company to remove your personal information from its database by emailing the Service Team. (8) For further details about the Company’s privacy practices please view the Privacy Policy [hyperlink] on this site. Should you have any questions concerning your privacy, please contact our Service Team.

17. Force Majeure

The Company will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

18. Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect. (2) If you access the site in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Company makes no representations that the content of the site complies with the laws of any country outside Australia.

19. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and the Company.

20. Transfer and Assignment

If the Company merges, sells or otherwise change control of its business or this site to a third-party, the Company reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that the Company has collected from you and any agreements it has made with you.

21. Waiver

The failure by the Company to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Company.