Terms Of Service
TERMS AND CONDITIONS
Please carefully read the following Terms of Use before using the schleese.com website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use and related Privacy Policy (“Privacy Policy”). These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
This Web site is operated by Schleese Saddlery Service Ltd. (“the Company”). Throughout the site, the terms “we”, “us” and “our” refer to the Company and its affiliate, Schleese Saddlery Service Inc. The Company offers the Site, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the Site constitutes your agreement to these Terms of Use and Privacy Policy.
You may use the Site only if you can form a binding contract with the Company, and only in compliance with these Terms of Use and all applicable laws. By using the Site, you represent and warrant that you are at least 18 years old. Individuals under the age of 18 may use the Site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is fully responsible for any and all activities.
TERMS AND CONDITIONS OF SALE
If you purchase any product using the Site, you agree to be bound by the Company’s Terms and Conditions of Sale, which you can view here.
CANCELLING A REGISTRATION (SADDLE FITTING APPOINTMENT)
If you need to cancel your registration, for whatever reason, we will issue a refund less a nominal administrative fee of $25 up to 4 weeks before your scheduled event start date.
If cancelling with less than 4 weeks notice, the following conditions apply:
If you cancel within 1-4 weeks of your scheduled event start date, we will issue you a full credit to your Schleese account. No refunds.
If you cancel less than 1 week before your scheduled event start date, no refund or credit to your Schleese account will be available.
We have done our best to make this policy as fair as possible. We ask that you give us as much notice as possible if you have to reschedule or cancel as it requires much time and effort to schedule flights, barn locations, staff etc… for each event.
REFUND AND CANCELATION POLICY FOR SADDLE ORDERS
You will receive your money back if your order is cancelled before the saddle has gone into production, or you may leave your deposit on account for future use. To put your saddle on Temporary Hold, please notify us in writing and it will be no problem. To change your order to suit your new circumstances please notify us in writing. We will refund the amount of your deposit minus $500 administration fee if an order is cancelled within 10 business days of signing the original evaluation/order form (dated on Evaluation Form).
Please ensure you notify us of your order cancellation within 10 business days of the original purchase date in order to avoid possibly forfeiting your entire deposit should the saddle already be in production. A saddle that has been purchased and used for a tryout is subject to a $500 administrative fee.
USED SADDLES PURCHASE AND FIT POLICY
Used saddles purchased from SCHLEESE may be returned for a $500.00 restocking fee if notified within 10 days of the invoiced receipt. After 10 days of the receipt of saddle, the sale is deemed final. The customer pays the shipping cost for returns. The refund does not include a refund for shipping paid in the original purchase. Saddles (and all other items) must be returned using an authorized SCHLEESE RMA form (Return Merchandise Authorization form) as assigned and received from SCHLEESE Head Office.
Used Saddles fit from SCHLEESE directly, fit from current horse measurements (measurements acquired within the previous 4 weeks) and provided by an authorized SCHLEESE representative will be under warranty for fit by SCHLEESE for 30 Days. If the warranty adjustment is preformed on-site, the Evaluation fee applies but the adjustment will be ‘free’ to the customer (includes re-flocking and/or tree adjustments only). If the saddle is required to return to SCHLEESE Head Office for a warranty adjustment, the customer is responsible for the shipping cost to SCHLEESE and SCHLEESE will cover the ‘ground’ return shipping cost to the customer. Used saddles not purchased from SCHLEESE, and shipped to HEAD OFFICE for fitting adjustments, will not have a fit warranty. If a fit issue occurs, the customer may return the saddle for further adjustments at their expense.
TRADE IN SADDLE POLICY
SCHLEESE will be pleased to accept saddles at our discretion on a trade-in basis towards a new saddle purchase only as stipulated below.
Trade-in saddles accepted only under the following stipulations and at our complete discretion:
Saddle must be a SCHLEESE 10 years or newer and must be deemed saleable. * (*SCHELEESE technology and materials have changed over the years and in keeping with our philosophy to offer the latest in innovative saddle fit solutions to our customers, our older models may not always provide an optimum opportunity for fit);
- Trade-in value to be assessed on FMV (Fair market value) as determined by an authorized SCHLEESE Certified Saddle Fit Technician;
- Saddles traded in within 1 year of initial purchase (new saddles only) trade-in value at 70% of FMV.
- Saddles traded in within 2 years of initial purchase (new saddles only) trade-in value at 65% of FMV.
- Saddles traded in within 3 years of initial purchase (new saddles only) trade-in value at 60% of FMV at the discretion of the SCHLEESE Certified Saddle Fit Technician.
WHAT IS THE RETURN POLICY FOR ALL TACK PURCHASES?
New tack and/or accessories purchased directly through SCHLEESE may be returned within 10 days of purchase if and only if they are unused. Customers will be responsible for all return shipping charges. All ‘Special Order’ and ‘Used Tack/Accessories’ sales are final and returns will not be accepted.
FREQUENTLY ASKED QUESTIONS
For additional information on order policies, shipping policies, cancelation policies & refund policies please visit our frequently asked questions page where you can get answers to the majority of your questions and concerns. If you do not find the answers to your questions please contact our support at info@schleese.com and we will be happy to help you!
USAGE RESTRICTIONS INTELLECTUAL PROPERTY
All of the content you see and hear on the Site, including, for example, all of the page headers, logos, button icons, images, illustrations, graphics, audio clips, video clips, and text, data compilations, and software are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Company, one of its affiliates or by third parties who have licensed their materials to the Company. The entire content of the Site is copyrighted as a collective work under International copyright laws, and coordination, arrangement, and enhancement of the content. The content of the Site, and the Site as a whole, are intended solely for the personal, non-commercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Company reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Site. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Company. You are granted a limited, revocable, non-transferrable and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.
TRADEMARKS
The Company graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks in Canada, the United States and/or other countries. The Company’s trademarks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain the Company property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. the Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. The Company has the right to delete any Comments it chooses in its sole discretion. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make and will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT INFRINGEMENT
The Company responds to notices of violations of the Digital Millennium Copyright Act.
INACCURACIES
The Company endeavors to present the most recent, accurate, and reliable information on the Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional, and the Company apologizes if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. The Company reserves the right to amend errors or to update product information at any time without prior notice. In the event that a Company product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, the Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price and shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
TERM/TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by the Company without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
The Company may deliver notices to you by means of electronic mail, a general notice on the site, or by written communication delivered by snail mail to your address on record in your account information.
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the Site, you agree that your access to and use of the website is subject to these Terms and Conditions, the Privacy Policy, and the Terms of Sale as well as all applicable laws, as governed and interpreted pursuant to the laws of the province of Ontario, Canada and/or the state of Nevada, USA.
USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Failure to comply with the Terms of Use or any provision herein may result in suspension or termination of your account.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, the Company may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. The Company has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only the Site, but for sites it links to as well (including if a specific link does not work).
DISCLAIMER
this site and the materials and products in this site are provided “as is” and without warranties of any kind, whether express or implied. to the fullest extent permissible pursuant to applicable law. the company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. the company does not make any warranties or representations regarding the use of the materials in the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. the above limitations may not apply to you.
LIMITATION OF LIABILITY
to the extent permitted by law, under no circumstances, including, without limitation, negligence, whether in any action in warranty, contract, tort (including, but not limited to, negligence or fundamental breach), or otherwise shall the company or its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, content providers, or suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from or in connection with the use of or the inability to use the company site or any content contained on the company site, or, except as otherwise provided under applicable laws and regulations regarding the security of personal data, resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, or any other damages of any kind, including but not limited to, interruption of service, use, data or other intangibles, even if you have been advised of the possibility of such damages. the parties acknowledge that this is a reasonable allocation of risk, even if 3s ltd has been advised of the possibility of such damages. some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. the liability of 3s ltd would in such case be limited to the greatest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents or suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use and conditions or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account and/or the Company Site account.
APPLICABLE LAW
These Terms of Use shall be governed by the laws of the Province of Ontario, Canada and/or the state of Nevada, USA and claims shall be determined in the provincial or state courts as applicable based on where the transaction took place. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
PRIVACY POLICY
This privacy policy sets forth Schleese Saddlery Service Ltd. (the “Company’s”) practices regarding the collection and disclosure of information that you may provide through the website www.schleese.com (the “Site”). Please read this information thoroughly before providing any information to the Company through this Site. The Site’s purpose is to present the Company’s philosophy, products, including but not limited to horse saddles, tack and accessories. The Site provides you with the ability to view and purchase the Company’s products. By using this Site, you also agree to the terms contained in the Privacy Policy below.
How We Use Your Information
Personal Information that you have provided:
You do not have to submit your personal information to access most of the information available to you on the Site, except when creating an account and to purchase products. However, if you choose to provide such information to us, we may use this information to follow up with you on specific matters or to provide you with information that you may be interested in, to provide you with technical assistance or to respond to your questions. If you have indicated that you are interested in receiving information about our products and services, we and companies operating on our behalf may use your data to send you this information. We also may need to send you specific administrative notices about your account, and in some cases, we may need to use the information in order to contact you if required by law.
Once creating an account, we will collect various types of information from you such as information needed to contact you and fulfill your orders, such as your name, address, phone number, and email address (“Your Information”). We store your information in our entry system. If you purchase products, in addition to Your Information, we will request your credit card information, and banking and wiring information. We do not store your credit card details. In fact, your credit card information never passes through our site—it is captured directly by our payment gateway.
All your information is used in an effort to process your orders and requests and to provide you with the services and/or products you desire. In addition, upon your written authorization, we may share your information with third parties which are listed and visible on the Site in order to complete your purchases of products as described below and/or with third parties that have content on the Site and/or in the products. The extent to which we use and share your information depends upon the nature of and purpose for which we use and share it.
In addition, we use the information about your use of the services and activities on the Site to monitor user traffic patterns and try to analyze user preferences so that we can better tailor your site experience and customize the information provided to you by the Company for your specific interests.
IP Address
In addition to using the IP address of your computer to maintain communications with you as you move about the Site, we also may use your IP address to personalize content provided on the Site.
Cookies
We use various technologies to collect and store information when you visit the Site, and this may include sending one or more cookies or anonymous identifiers to your device. We also use the data we obtain through the use of cookies to customize your Site experience by anticipating the information and services that may be of interest to you. We further analyze the information collected with cookie technology to help us improve the functioning of the Site by monitoring traffic in popular areas and to modify the services and information we provide to meet customer demand. We use the information we collect through the use of cookies for our business purposes, including operation of the Site, as well as to conduct research and Product analyses to help us better develop and market our products.
Google Analytics
We do not allow other sites or third parties to use our cookies for their own purposes or to place their own cookies on your computer when you access services through the Site.
Third-Party Sites. The Site contains links to other websites. The Company is not responsible for the content of or potential damage caused by any hyperlinked sites. The inclusion of any link on the Company does not indicate or imply any endorsement by the Company of the hyperlinked sites. In addition, the privacy policies and procedures outlined here do not apply to those sites. You understand that you are linking to these other sites at your own risk. You should contact those sites directly for information on their privacy policies and data collection and usage procedures.
Vendors and Suppliers
We may need to provide Your Information to different vendors and suppliers, not visible and/or listed on the Site, or third party companies that help us with various aspects of the operation of our business, including the design and maintenance of our systems, products, and computer security, the development, promotion, marketing, sale and distribution of our products and/or services and other business related initiatives. We will not authorize our vendors and suppliers to use Your Information for any purpose not related to our business and such third parties shall be under strict requirements to protect the privacy of Your Information consistent with this Privacy Policy.
Remove personal information or change preferences
In accordance with the Data Protection Act, you can access your personal data and/or remove previously provided personally identifying information or notify us that you no longer wish to receive site newsletters or additional information at info@schleese.com .
The Company may send you periodical emails concerning your account for technical or administrative purposes, or to inform you of any changes or upgrades to the products and services offered by the Site.
Content Copy, Reproduction and Usage
Any reproduction, entire or partial, of the text and/or images published on the Site by the Company is subject to prior authorization from the following email address: michelle@schleese.com .
Notice about Internet Security
We take precautions to safeguard Your Information, including the use of electronic security technology. However, please be aware that there is always some risk involved when submitting data over the internet. We cannot guarantee that the information you submit is fully protected against “hackers” or illegal tampering. Please be assured, however, that once Your Information is submitted to the Company, it receives the same protections that the Company extends to its own information.
Changes in Our Privacy Policy
We reserve the right to change the terms of this Privacy Policy at any time by posting revisions to the Site. This Privacy Policy was last updated on August 1, 2020.
LEGAL INFORMATION
Editor – Contact
Schleese Saddlery Service Ltd.
Head Office: 34 Centennial Ave.
Holland Landing, ON, Canada L9N 1H2
Ontario Incorporation Number: 000731050 dated August 11, 1987
Tel: + 1 905 898 8335
Publication Director: Gabriel Mazza
Art direction: Michelle J. Powell
Our Customer Service is at your disposal to answer your questions.
You can contact us at any time by e-mailing the following address: info@schleese.com
Image hosting:
Webmaster: Michelle J Powell
Hyperlinks:
The Site may include links to other websites or other Internet sources. Schleese Saddlery Service Ltd. (3S Ltd) cannot control these sites and external sources, 3S Ltd. cannot be held responsible for the availability of these sites and external sources, and cannot bear any responsibility for the content, advertising, products, services or other material available on or from these sites or external sources. Moreover, 3S Ltd. cannot be held responsible for any damage or loss alleged or proven to be consecutive or in connection with the access, use or the fact of having trusted the content, goods or services available on these sites or external sources.
Applicable law – Jurisdiction:
This Site and its conditions of access and use are governed by Canadian law. Any dispute concerning this said Site will be submitted to the exclusive jurisdiction of the courts of Ontario, Canada.