The contract between us
We must receive payment of the whole of the price for the service that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

1. Price
The prices payable for services that you order are as set out in our website.

2. Cancellation
We reserve the right to cancel the contract between us if:
The service ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we do cancel you contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

3. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from to time.

4. Events beyond our control
We shall have no liability to you for any failure to deliver the services you have ordered or any delay in doing so or for any damage or defect to goods delivered as a result of using this service and that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

5. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected

6. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

7. Our service
Our website facilitates an exciting and convenient way to buy sell and swap goods and livestock over the Internet and is operated by Horseswap.
We provide an online trading facility vehicle through which traders can sell/swap and customers can buy and swap products and livestock (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time. We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed

8. Our role
Our site is a place for sellers to swap and sell goods and for customers to bid for buy and swap them. We do not have and never intend to have any contractual involvement in your transactions and at no stage in your transaction, buy or sell or purport to auction, buy or sell any of the products displayed on our site. Any disputes between buyers,sellers, swappers and traders are just that—we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties, goods or livestock on your behalf and this is a feature of the relationship between you and us that you willingly accept.

9. Registration
a. You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (ie those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
b. On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.

10. Information you provide
a. You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example, during the registration, listing or bidding process.
b. Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.

11. Security
a. You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
b. We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

12. Availability of site
a. While we will use all reasonable endeavour to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.

13. General rules governing bidding and buying
a. To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you you agree to buy or swap and the seller accepts your bid, you must complete the transaction.
b. If you bid for an item on our site, you acknowledge and agree that if you have placed a bid at or above any reserve price, you have entered into a contract with the seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your order for whatever reason.

14. General rules governing listing and selling
a. In relation to all goods you sell or offer for sale through the Services:
i. you must be the absolute unencumbered legal owner with the right to sell those goods; and
ii. your sale or the use of the goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current prohibited items list.
b. If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a Listed Item, you are making an irrevocable offer to swap or sell.
c. A Listed Item will remain listed on the Site until:
i. it is sold; or
ii. the seller-specified listed time expires; or
iii. we receive written notice via fax or email from you that you wish to de-list it.
d. A Listed Item will be de-listed on receipt by us of written notice via fax or email from you that you wish to de-list it, but we will retain the registration fee paid with respect to the item.
e. If you list items for sale at a reserve price, you have the option to consider bids received below that price.
f. You must not contact any buyers directly in a sale of Listed Items whether offered by you or another seller.
g. You must not directly or indirectly place bids on Listed Items you offer for sale on our site or manipulate bidding in any other way.

15. Payment
a. All advertisers pay a registration fee for each Listed Item. Items will not be listed until payment is received.
b. All buyers must pay sellers for items using credit or debit cards, cheques or banker’s drafts or in exchange for items agreed with the seller. However the method of payment shall be left to the discretion of the seller in each case. Payments shall be received in the currency specified on the website and all prices are exclusive of VAT, and other applicable taxes, delivery charges and insurance.
c. Buyers are responsible for any costs of delivery and any insurance costs.
d. Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
e. We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

16. Termination
a. Horseswap has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
b. act inconsistently and in breach of these terms and conditions;
c. at any time violate or attempt to violate any rights of any other user of the Services or third party;
d. are engaged in any fraudulent activity; or
e. fail to make any payments due to us in accordance with these terms
f. fail to make any payments due to us in accordance with these terms.

17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act

18. Compliance with laws
a. You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.

19. General release
a. As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.
b. Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
c. Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
d. In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
e. Your acceptance of these terms and conditions also acts as a general release of Horsewap and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
f. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Horseswap howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
g. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

20. Trade marks
a. Horseswap is the proprietor of the Horseswap get-up and idea. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by Horseswap in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.

21. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us will be disputed at the following court

The Lincoln County Court
360, High St
Lincoln Lincolnshire
LN5 7PS
Tel: 01522 883000

22. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.