Legal

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE FREEDMANHARNES.COM WEBSITE (JULY 2008)

Please read the present General Terms and Conditions of Sale and General Terms and Conditions of Use of the FREEDMANHARNESS.com website carefully.

General Terms and Conditions of Sale of FREEDMANHARNESS.com website

The purchase of any products offered on FREEDMANHARNESS.com website is subject to the present Terms and Conditions (“Terms and Conditions of Sale”).

Orders may only be placed on the FREEDMANHARNESS.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of Freedman’s products purchased on FREEDMANHARNESS.com website is strictly prohibited.

Freedman Harness Ltd may update these Terms and Conditions of Sale at anytime.  You can view the most current version of the General Conditions of Sale at any time by clicking on the hyperlink labelled “customer service”.

For each order on FREEDMANHARNESS.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.

Purchase – Terms of ordering

The FREEDMANHARNESS.com website may be used to order a selection of Freedman’s products from Freedman Harness Ltd, directly online via the Internet Worldwide (some exceptions may apply).

You may also place your order by telephone on by dialing 877-256-7674 (toll free number available only from within North America) or +416-256-7674 (Internationally) from Monday to Friday, 8:00 a.m. to 5:00 p.m. EST, from anywhere worldwide (some exceptions may apply).

The delivery zone for Freedman’s products ordered via the FREEDMANHARENSS.com website and the telephone numbers referred to above is available worldwide, but some restrictions may apply (see “Delivery Zone”).

An order can be placed for one or several delivery addresses (see “Delivery Zone”).

For each product selected on the FREEDMANHARNESS.com website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and references, the quantity selected, its unit price and the total amount owed for you order at the selected currency.  You should check that this information accurately reflects your selection before confirming your order. Please be advised that your credit card may not be charged at your selected currency, since our Financial Institution and Merchant Point of Sale cannot run transactions in multiple currencies (see “Purchase – Price Payment”).  Upon confirmation, your order will be submitted to Freedman Harness Ltd for processing (see “Acceptance of orders”).  While every effort is taken to try to ensure that the colouring, design and style of the Freedman’s products in the photographs displayed on the FREEDMANHARNESS.com website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on your computer equipment.  Accordingly, Freedman Harness Ltd shall not be liable for any error or inaccuracy in the photographs or graphical representations of Freedman’s products displayed on the FREEDMANHARNESS.com website.  If you have any questions about the products, you may of course contact our customer service by clicking on the hyperlink labelled “Locations”.

Freedman Harness Ltd reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Freedman Harness Ltd has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.

For any exceptional order, we thank you to contact our customer service on the hyperlink “Locations” or by phone.

Purchase – Availability

Our offers of products and prices are valid as they are on view on the FREEDMANHARNESS.com website, subject to availability.  In this purpose, instructions about the availability of the products will be given at the time of the ordering.  Exceptionally, errors or amendments could exist, especially in case of simultaneous orders of the same product by several customers.  In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the FREEDMANHARNESS.com website in substitution or to cancel your order.

If you choose to cancel your order, you will be immediately refunded if your bank account has been debited.

Freedman Harness Ltd is not liable in case of stock outage or unavailability of products.

Freedman Harness Ltd reserves the right to change at any time and without any previous notice the items proposed on the FREEDMANHARNESS.com website.

Purchase – Order Confirmation

At the end of the ordering procedure, you are invited to click on the “Pay” push button.  Since the confirmation, your order is transmitted to Freedman Harness Ltd for treatment.  It could not be amended or cancelled except in the expressly conditions provided for herein the Terms and Conditions of Sale or in conditions provided for the applicable law. The confirmation of your order means your acceptance of the whole there of Terms and Conditions of Sale.

You will receive an order summary.

The data registered by the FREEDMANHARNESS.com website establish the proof of the whole transactions operated between Freedman Harness Ltd and its customers.  In case of dispute between Freedman Harness Ltd and one of its customers about a transaction made on the FREEDMANHARNESS.com website, the data registered by Freedman Harness Ltd are considered as an irrefutable proof of the content transaction.

Purchase – Price Payment

The prices of Freedman’s products are indicated in US $(prior to login, where you choose your selected currency), excluding taxes and shipping costs (see “Shipping and Delivery”).

Freedman Harness Ltd reserves the right to modify the prices of products offered on the FREEDMANHARNESS.com website at any time without prior notice to you.  You will be charged the prices displayed on the FREEDMANHARNESS.com website at the time your order was confirmed provided the goods ordered were available at this time.

You are required to pay for any order placed on the FREEDMANHARNESS.com website immediately on confirmation of your order.  We only accept payment by credit card.  You cannot use store credits or gift certificates issued by Freedman’s boutique to purchase items offered on the FREEDMANHARNESS.com website.

All orders are payable in US Dollars. Please note that the use of four currencies (U.S. dollar, Canadian dollar, Euro and British Pound) on the FREEDMANHARNESS.com website are only used as a tool for you, and Freedman Harness Ltd will charge your credit card in US dollars.  We accept the following credit cards: Visa® and MasterCard®.  Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.

Your credit card will only be debited when your order is dispatched for goods that are shipped plus any applicable taxes and shipping costs.

Purchase – Reservation of title

The ordered products remain the property of Freedman Harness Ltd until the goods are paid in full to Freedman Harness Ltd.

In case of a payment incident, you undertake to return the received products to Freedman Harness Ltd upon first request.

In return, you assume the risks (in particular the loss, theft or damage) relating to the delivered products and this at the effective date of the delivery.

Shipping and Delivery – Delivery Zone

Goods purchased via the FREEDMANHARNESS.com website may be delivered worldwide (some exceptions may apply).

Freedman Harness Ltd will not process any order for which a post office box or APO/FPO address is provided.

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

Shipping and Delivery – Shipping costs

You will be asked to select the shipment method you would prefer as part of the order procedure.

Delivery costs depend on the value of your order and the delivery service you select:

 

Delivery Service

Order Value

UPS Ground

UPS Next Day Air

Up to $24.99

 $       11.50

 $               48.00

$25.00 to $249.99

 $       12.50

 $               75.00

$250.00 to $349.99

 $       13.50

 $               80.00

$350.00 to $999.99

 $       22.50

 $             115.00

$1000.00 to $3999.99

 $       45.00

 $             155.00

$4000.00 to $5999.99

 $       62.50

 $             180.00

$6000.00 and Over

 $       88.50

 $             210.00

Ground: allow between three and seven working days between the date of your order and your date of delivery.

Overnight: your order must reach us before 2 p.m. (Eastern Standard Time).  It will be delivered the following working day.

Please note that these shipping options are only applicable to shipments within North America.  For international shipments, additional charges will apply and will be charged to your credit card once the cost is determined.

Delivery Time – Time required for delivery

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.

However, Freedman Harness Ltd reserves the right to divide your order into part shipments.  In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment.

Delivery Time – Problems of delivery

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible.  In order for your claim to be accepted, please notify us of it within a maximum of thirty (30) calendar days from the date of confirmation of your order.

You should check that your shipment is correct on delivery.  If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled “Returns-Exchanges-Refunds”.

Returns – Exchanges – Refunds

To FREEDMANHARNESS.com

You are entitled to return any product ordered via the FREEDMANHARNESS.com website within thirty (30) calendar days following the date of delivery, subject to the following terms and conditions:

Returns must be sent in their original condition and packaging to the following address: Freedman Harness & Saddlery Company, 136 East Main Street, Midway, KY 40347 (Use the return label included with your order for this purpose).  You must enclose the original receipt with your returns or a copy if you are returning part of your order.

For items received as a gift obtained from the FREEDMANHARNESS.com website, you are only entitled to a merchandise exchange, or a refund may be issued on the original credit card used.

You must fill in and send the “Return Card” included with your order specifying whether you wish to exchange the goods returned or require a refund.

If you exchange goods, the shipping costs for the first delivery will not be refunded.  However, you will not be charged for the shipping costs of the second delivery.  Only one exchange by item will be honoured.

If you ask for a refund, Freedman Harness Ltd will use commercially reasonable efforts to ensure that any refund will be made within five (5) business days of receipt of the goods returned by crediting your charge or credit card.  Under no circumstances will it be possible to grant you an electronic credit usable on the FREEDMANHARNESS.com website, nor will the website issue a store credit for use in the Freedman Harness boutique.

In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.)

Freedman Harness Ltd has sole discretion in determining whether the products are in original condition when returned to FREEDMANHARNESS.com website.

Freedman Harness Ltd will not be responsible or liable if any item you wish to return to the FREEDMANHARNESS.com website is lost, misdirected or delivered late.

We do not exchange or allow refunds for goods purchased in the Freedman Harness boutique via the FREEDMANHARNESS.com website.

General Terms and Conditions of Use of FREEDMANHARNESS.com website

The FREEDMANHARNESS.com website is operated by Freedman Harness Ltd and has granted the right to sell a selection of Freedman’s products over the Internet.

The use of the FREEDMANHARNESS.com website and the purchase of any products offered on FREEDMANHARNESS.com website are subject to the present terms and conditions (“Terms and Conditions of Use”).  The use of the FREEDMANHARNESS.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the FREEDMANHARNESS.com website (“Privacy Policy”); see “Security and Personal Data.”

Freedman Harness Ltd may update these Terms and Conditions of Use and the Privacy Policy at anytime.  By continuing to use the FREEDMANHARNES.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified.  You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labelled “customer service”.

Security and Personal Data

The FREEDMANHARNESS.com Privacy Policy (see “Privacy Policy”) governs the use of any personal information that you agreed to provide to Freedman Harness Ltd.  On this website, Freedman Harness Ltd may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy.

The FREEDMANHARNESS.com website is not intended to minor children.

Intellectual Property

All material on the FREEDMANHARNESS.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks…) are the exclusive property of Freedman Harness Ltd or any of its subsidiaries.  You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the FREEDMANHARNESS.com website.

The “Freedman’s” trademark, the trademark image of the F in a Horseshoe and all other Freedman’s related marks and logos, whether or not registered, displayed on the FREEDMANHARNESS.com website, as well a the domain name “FREEDMANHARNESS.com”, are and will remain the exclusive property of Freedman Harness Ltd.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Freedman Harness is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the FREEDMANHARNESS.com website or any content contained therein.  You may make a single copy of web pages published on the FREEDMANHARNESS.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

Linking

The FREEDMANHARNESS.com website may contain links to third party websites not under the operation or control of Freedman Harness Ltd.  Such links are provided as a convenience only and can not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon.  You may only provide a link to the FREEDMANHARNESS.com website if expressly authorized in writing by Freedman Harness Ltd.

Limitation of Liability

Freedman Harness Ltd should not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the FREEDMANHARNESS.com website, even if Freedman Harness Ltd has been advised of the possibility of such damages.

Disclaimer of Warranty
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Freedman Harness Ltd does not guarantee or represent that:

-          the FREEDMANHARNESS.com website is free from viruses, worms, Trojan horses or other destructive material;

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-          the information contained on the FREEDMANHARNESS.com website are accurate, complete or up to date.

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The FREEDMANHARNESS.com website may contain technical inaccuracies or other defects; Freedman Harness Ltd does not guarantee that any such defects will be corrected.  The FREEDMANHARNESS.com website and its contents are provided on an “as is” and “as available” basis.  Freedman Harness Ltd expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of FREEDMANHARNESS.com website or of its contents intended to an usual or a specific use, of its quality or lack of infringement to ordinary statement from them
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FREEDMANHARNESS.com PRIVACY POLICY (USA – JULY 2008)

The FREEDMANHARNESS.com website is operated by Freedman Harness Ltd, which operates the FREEDMANHARNESS.com website, including processing and storing of all the data collected on or through the website.  Freedman Harness Ltd. has created this privacy policy (“Privacy Policy”) in order to communicate the policies and practices relating to the collection, use and disclosure of information about you obtained on the FREEDMANHARNESS.com website.

Please read this Privacy Policy carefully. Freedman Harness Ltd may change or update this Privacy Policy periodically.

If you decide to use the FREEDMANHARNESS.com website, or by agreeing to the FREEDMANHARNESS.com Terms and Conditions, you consent to the collection, the use and the disclosure of your information, including personal and financial information, by Freedman Harness Ltd on the terms described in the Privacy Policy. If you do not agree with the terms of the Privacy Policy, or any modifications thereto, please exit the FREEDMANHARNESS.com website now and do not purchase any of the Freedman Harness products offered for sale on the website.

What Information is collected on FREEDMANHARNESS.COM?

You may use the FREEDMANHARNESS.com website without providing personal information to Freedman Harness Ltd.  You will, however, need to provide certain information, including your name, address, telephone number and e-mail address, as well as certain financial information (such as your charge or credit card number) if you choose to purchase products offered on the FREEDMANHARNESS.com website for the purposes of paying for the products you ordered and processing your order.  Any information you provide on the FREEDMANHARNESS.com website may be processed in Canada and will be stored on Freedman Harness Ltd.’s server in the U.S.

You may choose to allow Freedman Harness Ltd to store this information in the Freedman Harness customer database without taking any further step.  You may also request by sending an e-mail to Freedman Harness Ltd to delete your personal information at any time as soon as your order has been processed and delivered.

Receiving Information

Freedman Harness also provides you with the opportunity to receive information, which may be of interest to you, including information relating to Freedman Harness’ products in the U.S. and new products offered on the FREEDMANHARNESS.com website.  If you do not want to receive such information by e-mail, you may opt-out of further communications at any time by contacting our customer service department by e-mail at info@freedmanharness.com or by calling us within North America at 877-256-7674 (toll free number available only from within North America).

What use is made of the information you provide on FREEDMANHARNESS.com?

Freedman Harness may disclose the information you provide on the FREEDMANHARNESS.com website to other companies in the Freedman Harness group, such as Freedman Harness & Saddlery Company, in order to process your order and deliver it to you.

Freedman Harness Ltd may also disclose the information you provide on the FREEDMANHARNESS.com website to other companies in the Freedman Harness group, in order that such corporate affiliates may contact you with respect to information about such corporate affiliates, including products and services of such corporate affiliates that may be of interest to you. If you do not want to receive such information by email, you may opt our as set forth above in the section entitled “Receiving Information”.

Freedman Harness Ltd may also disclose the information you provide on the FREEDMANHARNESS.com website to third parties who provide services on or to the FREEDMANHARNESS.com website.  To verify your information, authenticate payments and process orders, Freedman Harness Ltd may disclose certain financial and other information you provide to Freedman Harness Ltd to third parties that provide credit reporting, payment or order fulfilment services.

Freedman Harness Ltd may disclose your information if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process. For example, Freedman Harness Ltd may disclose such information as is necessary to identify, contact or bring legal action against a person or entity who may be violating the FREEDMANHARNESS.com Terms and Conditions, or who may be causing injury to, or interfering with, other users or the FREEDMANHARNESS.com website.  In the event that Freedman Harness Ltd, or one or all of the companies in the Freedman Harness group, or all or part of its or their assets, are acquired by a third party, the FREEDMANHARNESS.com customer list may be included in the transferred assets. 

Please be aware that Freedman Harness Ltd does not control the policies or practices of third parties to which Freedman Harness Ltd discloses information about users of the FREEDMANHARNESS.com website and that any use or disclosure of such information by third parties is not governed by this Privacy Policy; see also “Links.”

Links

The FREEDMANHARNESS.com website may contain links to other third party websites. Freedman Harness Ltd has no control over the content, policies or actions of these websites.  The use of any information you may provide to third parties on other websites, or which such parties may otherwise collect on other websites, is not governed by this Privacy Policy.  You should carefully review the privacy policies of any third party websites and contact the operators of those websites if you have any questions about their use of your information.  Freedman Harness Ltd cannot be responsible for any third party, or its affiliates or agents, failing to use you personal information in accordance with such third party’s privacy policy, or any contractual or other legal obligations to which such third party, its affiliates or agents, may be subject.

Security

Freedman Harness Ltd has implemented security measures to protect the personal information you provide against unauthorized access and use. All financial information you provide on the FREEDMANHARNESS.com website is store on a secure site operated by Freedman Harness Ltd’s financial institution.  Transactions conducted on the FREEDMANHARNESS.com website are protected by an SSL encrypting system.  Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by persons other than the intended recipient.

Changes and updates to Privacy Policy

By using the FREEDMANHARNESS.com website, you consent to the collection, use and disclosure of your information as described in this Privacy Policy.  This Privacy Policy reflects the Freedman Harness group’s current business practices, and is subject to change and update.  In the event of any such change or update, a revised policy will be posted on line on the FREEDMANHARNESS.com website, with the last date of update noted on the bottom of the page.  Please check the FREEDMANHARNESS.com website periodically to remain informed of any changes or updates to the Freedman Harness group’s privacy policies and practices.  If you allow Freedman Harness Ltd to retain the personal information you provide on the FREEDMANHARNESS.com website in its customer database and Freedman Harness Ltd intends to disclose that information to third parties or affiliated companies in a manner that is now already outlined in this Privacy Policy, Freedman Harness Ltd will notify you by e-mail and provide you with an opportunity to opt out of any further use or disclosure of your personal information.

Changes and access to your personal information

You may ask Freedman Harness Ltd to correct, update or delete information you have provided to Freedman Harness and of which you allowed to registration in the Freedman Harness customer database by contacting our customer service (see “Contact us”).  If applicable, you should be sure to provide Freedman Harness Ltd with any updates and changes to your information, including any changes to your postal or e-mail address to ensure that your orders are shipped to the correct address and that we can contact you about your order if necessary.  Freedman Harness Ltd may also retain, for archival purposes, copies of communications with users of the FREEDMANHARNESS.com website and any response to questions or comments sent to users by Freedman Harness Ltd.

Contact Us

If you have any questions about the Freedman Harness group’s privacy policies and practices, please feel free to contact our Customer Service Department by telephone at 877-256-7674 (toll free number available only from within North America), by e-mail at info@freedmanharness.com or at Freedman Harness / 101-289 Bridgeland Avenue, Toronto, Ontario M6A 1Z6 Canada +416 256 7674                     

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