TERMS & CONDITIONS

Please read the following Terms and Conditions carefully before placing your Order with Tack Shack. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order, such as the Tack Shack Returns Policy and Gift Card Terms of Use as identified below, or specific terms for certain Goods as identified in the product description field on the Website (e.g. Supplier Direct Terms).

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Services on 1800 824293 or email us at hello@tackshack.com.au and a representative will be happy to assist you.
1. Definitions

The following apply to these Terms and Conditions.
Big & Bulky Goods are large goods which may have to travel separately to that of the rest of your order.
Business Days means a week day in which trading banks are open for the transaction of banking business in Brisbane, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Tack Shack.
Delivery Fee means the fees charged by the Delivery Agent of Tack Shack for the delivery of Goods in accordance with clause 7, as amended from time to time.
Gift Cards/voucher means a card through the acquisition of which you or a recipient may make non-cash payments for goods or services from Tack Shack.
Goods means the items offered for sale, described or displayed on the Website.
GST/VAT has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth) or Value added tax.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Tack Shack in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Privacy Policy means the Tack Shack Privacy Policy found on the Website. ttp://www.tackshack.com.au/terms_privacy.asp
Returns Policy means the Tack Shack Returns Policy found on the Website. https://www.tackshack.com.au/returns.asp
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.tackshack.com.au
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our or Tack Shack means White Oak Holdings t/as Tack Shack. 
You or Your means you as the purchaser of Goods from Tack Shack pursuant to these Terms and Conditions.
 
2. Compliance with Terms and Conditions

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you place will be a separate and binding agreement between you and Tack Shack with respect to the supply of Goods, in accordance with these Terms and Conditions
 
3. Placing Orders for Goods

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Tack Shack will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
You also agree to obtain consent to provide Tack Shack any personal details for nominated recipients of gifts.
3.5. You may Order from Tack Shack if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with Tack Shack in accordance with clause 5.1 of these Terms and Conditions and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the “Order cancellation and returns” section (clause 11) of these Terms and Conditions.
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $10,000 (exl GST).
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service in regards to your Order.
3.9. Although Tack Shack uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Tack Shack cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Tack Shack or by manufacturers or suppliers changing product specifications without notice to Tack Shack. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
 
4. Acceptance and Rejections of Orders

4.1 Tack Shack reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by Tack Shack to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.2 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Tack Shack will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.3 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tack Shack is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.4 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Tack Shack will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 We are unable to accept any special request left in the comments box at the checkout. These include (but are not limited to) 
a) special requests to leave orders eg "please leave items behind my shed" or "leave with neighbour if nobody is home".
b) requests to supply items in less than our supply time promise or less than the stated special order product supply time eg Brogini boots are quoted as 8-12 weeks supply time. Tack Shack is unable to accept a request to supply the boots within 6 weeks and the order will be accepted by the customer and Tack Shack, the manufacturer and the customer as the maximum supply time stated.
c) bespoke messages or gift wrapping on orders eg "can you please put a bow on the order"
d) special carrier requests eg "please do not send with carrier X" or please upgrade to first class shipping 
4.6 Any offer to assist with sizing advice, colour representation or quality provided is general only. The buyer accepts that Tack Shack staff are not physically present with the customer at point of order and so cannot accurately confirm if a customer has measured correctly. The buyer may use Tack Shack staff experience of a product or size but ultimately it is the decision of the buyer as to the colour and size of the product that they choose. Tack Shack will not be held responsibible through trying to assist a customer with advice to any size, colour, form history etc of a product. 
 
5. Availability of Goods

(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; 
(b) you have read any corresponding written description of the Goods prior to submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in shade in real life; 
(d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and 
(e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
 
6. Price and Payment

(a) the Price (which is the Price at the time the Order is submitted); and
(b) subject to clause 7, the Delivery Fee.
6.11 All items are sold in Australian Dollars. Indicitive prices as represented in other currencies, ie British Pound, New Zealand Dollar etc are shown as a guide only and may not include additional costs associated with purchasing from overseas ie, credit card processing fees or Paypa International charges. Please check with you bank if you have any questions regarding this. 

7. Delivery
Delivery Fees
7.5 Unless stated otherwise on the Website (for example, where a “Free Shipping” offer applies as set out in clause 7.7), or in these Terms and Conditions, the following Delivery Fees apply to all Orders:
  • Gift Vouchers, Saddles - FREE DELIVERY
  • Jodhpurs, Breeches, Browbands, stirrup hooks, bits etc - $9.50 (Australia wide - all states)
  • Books, Show Shirts, T-Shirts, Show Jackets, Chaps, Bridles, Stirrups - $14.99 (Australia wide - all states)
  • Jodhpur Boots, Helmets - $16.49 (Australia wide - all states)
  • Rugs, Saddle Pads etc $18.49 (Australia wide - all states)
  • Body Protectors $18.49 (Australia wide - all states)
  • Tall Boots $19.99 (Australia wide - all states)
7.6 Gift Cards and items under $10 are exempt from any free delivery offer. You maybe contacted and asked to pay costs of delivery for goods under $10 and gift cards even if the website does not charge you for delivery. We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tack Shack is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
Delivery Time Frames
7.8 Subject to clause 7.9. If goods are in stock Tack Shack aims to achieve the delivery time frames set out below. For Items that are out of stock then please allow upto 28 business days for delivery.
(a) all Standard Fee and Special Delivery Fee Goods (excluding Big and Bulky Goods):
(i) Australia wide (including capital cities and suburbs, and most regional areas: 3-7 Business Days; and
(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;
(iii) Overseas orders: As stated by third part delivery company or agent
(b) Standard Fee 10-15 Business Days; and 
(c) Big & Bulky Goods - 7-14 Business Days, on a date agreed by you and Tack Shack
(a) Tack Shack cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.8; 
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) Tack Shack is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
General terms for delivery
7.10 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
(a) Restricted access or parking for our truck;
(b) Restricted or limited access to the premises; or
(c) If you have narrow doors, spiral staircase or tight corners.
Big and Bulky Terms
 
8. Supplier Direct Terms

8.1 Some Goods you purchase on the Website are supplied to you direct from our suppliers. These Goods are identified as such on the Website and different terms and conditions will apply to the delivery of those Goods as set out in this clause and/or on the Website (Supplier Direct Terms). You must read these additional terms and conditions and any additional information supplied to you on the product page for the Goods on the Website carefully before you purchase these Goods. For the avoidance of doubt, these Terms and Conditions will continue to apply to your purchase. To the extent of any inconsistency between these Terms and Conditions and Supplier Direct Terms, the Supplier Direct Terms and conditions will prevail.
8.2 Supplier Direct Goods are delivered separately to any other Goods in an Order, and may incur an additional Delivery Fee as specified on the Website.
 
9. Restricted Goods

(a) you are aged 18 years or over; 
(b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and
(c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
 
10. Risk and Title

10.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
 
11. Order Cancellations and Returns

(a) Food products and underwear purchased from Tack Shack will not be refunded or exchanged, unless required by Law. 
(b) Big and Bulky Goods such as Saddles cannot be returned or exchanged once the item has been ordered, unless required by Law. Please contact the Customer Service Centre on 1800 824293 or email hello@tackshack.com.au if the product is faulty so that pickup can be arranged. Big and Bulky Goods that are faulty cannot be returned until confirmation has been obtained from Tack Shack
(c) Tack Shack reserves the right to reject the any product that is a low volume selling item. These are commonly referred to as a special order product and are supplied on the basis that the customer is accepting of the product on a non return basis (this does not affect your statutory rights). Typical examples of sizes are Riding helmets from size 55 and below and Riding helmets size 59 and above.
 
12. Product Recalls

12.1. Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website. You can return Goods that are the subject of the product recall to Tack Shack.
12.2. You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.
 
13. Promotions and Discounts

13.1 You may receive online offers and promotions, whether mailed to your home, or emailed to you, which include a promotional or coupon code (Code) for use when shopping at Tack Shack. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online.We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Tack Shack. Any Code is non-transferable and may not be used in conjunction with any other offer.
13.2 Certain offers, including cashbacks and bonus redemptions are via supplier redemption, unless otherwise stated, and are subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully, as time limits will apply to cashback and bonus offer redemptions. All cashback and bonus redemption offers advertised exclude postage and handling costs and any other costs incurred as a result of redeeming the cashback and bonus.
14. Gift Cards

14.1 Additional terms and conditions apply with respect to the use of Gift Cards you purchase from the Website.
14.2 Gift Cards are treated like cash. Lost or stolen cards will not be replaced or refunded. Gift Cards cannot be used for the payment of credit. Gift Cards are not redeemable for cash and cannot be exchanged. Gift Cards are not reloadable.
14.3 Gift Cards expire one years from the issue date. For the avoidance of doubt, this is the date in which Tack Shack issued the Gift Card and not the date you received the Gift Card. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
14.4 Gift Cards are to be used for the purchase of goods and services at Tack Shack in Australia (some exclusions may apply). A limit of $500 per gift card and or 10 gift cards, totalling no more than $5000 per Order applies.
14.5 For full Gift Card Terms of Use and details concerning applicable exclusions call our customer services on 1800 824293 or email hello@tackshack.com.au.
 
15. Privacy

 (a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide theirPersonal Information to Tack Shack;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; 
(c) you are over the age of 16; and
(d) in placing your Order, you have read and agree to these Terms and Conditions; and 
(e) complied with all Laws.
16. Warranties you make to Tack Shack

16.1 You represent and warrant to Tack Shack that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide theirPersonal Information to Tack Shack;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; 
(c) you are over the age of 16; and
(d) in placing your Order, you have read and agree to these Terms and Conditions; and 
(e) complied with all Laws.
 
17. Tack Shack's liabilities to you

17.1 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
17.2 Subject to any rights you have under any consumer protection law, Tack Shack excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
17.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
17.4 Any express warranty (for example, a manufacturer’s warranty or warranty against defects) accompanying the Goods you purchase is a warranty between you and the supplier or manufacturer with respect to the performance of the Goods (in some instances, for example, Tack Shack may provide this express warranty). In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees (if applicable) to which a claim must be sent are set out with the Goods. Tack Shack strongly encourages you to follow the warranty claim process and contact the supplier or manufacturer directly to resolve your warranty claim. Other than expressly stated in relation to particular Goods, Tack Shack does not make any express warranties with respect to Goods sold on the Website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.
 
18. Termination

(a) for convenience, at any time, upon provision of notice to you;
(b) immediately:
(i) if Tack Shack reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or 
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
 
19. General

19.1 Tack Shack reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Tack Shack with respect to that Order.
19.2 Tack Shack may give notice to you by electronic mail. You may give notice to Tack Shack by electronic mail to our Customer Service Centre at hello@tackshack.com.au
19.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
19.4 A failure or delay by Tack Shack to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Tack Shack does not prelude its future exercise or the exercise of any power or right.
19.5 The laws of the United Kingdom, govern this agreement. Your transaction is deemed to have taken place in Peterborough, United Kingdom