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1.1 These terms and conditions apply to every order placed by any individual, company, or firm ("client") with Cueros Santa Cruz S.A. ("Cueros Santa Cruz"), the company selling the products, also mentioned as “Santa Cruz & Colbert Brothers Saddlery or Santa Cruz Saddlery” (these last two are commercial names).
No terms and Conditions in or attached to any catalogue, invoice or other sales literature or document or tender or dispatch/delivery note, purchase order or any document issued by the client which are inconsistent with these terms and conditions or which purport to add to or vary them in any way shall not have any effect unless expressly accepted by Cueros Santa Cruz in writing.
In the absence of such written acceptance, the client shall be deemed to have withdrawn or waived his terms and conditions and to contract solely based on these terms and conditions and acceptance of goods and/or services provided by Cueros Santa Cruz.
Once these terms and conditions are accepted by the client (by the online consent) the contract shall commence and Cueros Santa Cruz and client will be contractually bound.
2.1 Cueros Santa Cruz shall ensure that the goods:
2.2 If the goods do not comply with the client purchase order and/or instructions, the client is entitled at its option to either accept the goods or return them for a replacement or refund. Replacement or refund are only accepted if products have not been used at all. Once the products have been used, the client accepts that the items have been correctly manufactured following the purchase order and therefore is aware that no refund or returns can be done. The only exceptions are listed on section 4.
3.1 The price for the goods shall be the price set out in the purchase order and shall be inclusive but not limited to the costs of packaging, insurance, and carriage of the goods. No extra charges shall be effective unless agreed by Cueros Santa Cruz and the client.
3.2 Cueros Santa Cruz shall invoice the client on or at any time after completion of delivery. The valid invoice must contain the purchase order number and shall include such supporting information required to verify the accuracy of the invoice.
3.3 Under exceptions specifically issued by Cueros Santa Cruz, the client must pay the invoiced amounts at the moment of placing an order and will only have 1 day from the acceptance of the payment to withdraw the order and request a refund. If a refund is requested, the client will be responsible for any commissions and/or conditions the money transfer service or bank entity charges/requests for its service.
3.4 Cueros Santa Cruz reserves the right to choose a delivery company or courier service.
4.1. Cueros Santa Cruz saddles are covered by a 3-year warranty (including any legal warranty). This warranty covers damage and/or malfunction only on the saddle´s tree arising under regular use and Cueros Santa Cruz total liability is limited to replacing the saddle with a new one. If the saddle cannot be replaced due to discontinuation, Cueros Santa Cruz will provide another product of equal quality. Delivery costs of the replaced saddle must be assumed by the client.
The warranty on every saddle is linked to the product, so if the saddle is resold it will still be in effect (up to the original limit of three years).
For the client to make a warranty claim, he/she must present the original purchase order accepted by Cueros Santa Cruz. The client must be able to prove that the damage was done under regular use. To do this, the client must provide photographic and video evidence of the damage if requested by Cueros Santa Cruz. Cueros Santa Cruz reserves the right to judge under this evidence if the saddle´s warranty is in effect.
4.2. Cueros Santa Cruz will not be held responsible for any loss or damage (direct, indirect or consequential) of Santa Cruz´s products after delivery and for any injury or damage (direct, indirect or consequential) that may occur while using Cueros Santa Cruz´s product.
5.1 Force majeure: Cueros Santa Cruz shall not be liable as a result of any delay or failure to perform its obligations under this contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond its reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable. If such event or circumstances prevent Cueros Santa Cruz from supplying the Goods for more than 8 weeks, the client shall have the right, without limiting its other rights or remedies, to terminate this contract with immediate effect by giving written notice to Cueros Santa Cruz. Client cannot delay any payment based upon Force majeure.
5.2 Notices: Any relevant issue regarding the products manufacture and/or delivery will be notified by Cueros Santa Cruz to the client in whichever way the company sees fit. Example: social media, Email, Phone, etc.
5.3 Governing law and jurisdiction: The Contract shall be governed by and construed in accordance with Argentine law (excluding the applicability of Law 22,765) and any dispute shall be subject to the National Commercial Courts of the city of Buenos Aires.
These terms and conditions will apply unless Cueros Santa Cruz specifies different terms and conditions in its tender or quotation documentation or some other contract entered by the parties.