OVERVIEW
Welcome to Max Breeches. The terms "we", "us" and "our" refer to Max Breeches. Max Breeches operates this website and online store, including all related content, products, services, features and tools (collectively, the "Services"), to provide customers with access to our equestrian apparel and related products.
Our Services are powered by Shopify, which enables us to operate our online store and provide the Services to you.
These Terms of Service, together with any policies or terms referenced in these Terms, describe your rights and responsibilities when accessing or using our Services.
Please read these Terms of Service carefully before using our website or placing an order. These Terms contain important information regarding your rights and obligations, including product information, orders, payments, shipping, intellectual property, warranties and limitations of liability.
By visiting, browsing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms or our Privacy Policy, you should not access or use our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your jurisdiction, or that you have the consent of a parent or legal guardian where required by applicable law.
When using our Services or placing an order, you may be required to provide information including your name, email address, billing information, payment details, shipping address and other information necessary to process your order.
You agree that all information you provide to us is accurate, current and complete and that you have the legal right to provide such information.
If you create an account with us, you are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.
You may not sell, transfer, assign or otherwise provide your account to another person without our prior written consent.
We reserve the right to refuse service, suspend accounts or terminate access to the Services where we reasonably believe that these Terms have been violated or where required to protect our business, customers or Services.
SECTION 2 — OUR PRODUCTS
Max Breeches offers equestrian apparel and related products, including riding breeches, riding tights, base layers, polos, jackets, children's riding apparel, men's riding apparel and horse-related accessories.
We make reasonable efforts to display our products, images, colours, sizes and descriptions as accurately as possible. However, the actual colour and appearance of a product may vary depending on your monitor, device, browser, lighting conditions and screen settings.
Product images are provided for illustration purposes and may not always represent the exact appearance of the product under all conditions.
We reserve the right to modify product descriptions, specifications, colours, sizing, availability or other product information at any time without prior notice.
We may discontinue products or limit quantities available for purchase at our discretion.
For custom, wholesale, private-label or specially manufactured products, additional specifications, minimum order quantities, production requirements, lead times and payment terms may apply and may be agreed separately between Max Breeches and the customer.
SECTION 3 — ORDERS
When you place an order through our website, you are submitting an offer to purchase the selected products.
Receipt of an order confirmation does not necessarily constitute acceptance of the order. Max Breeches reserves the right to accept, decline, modify or cancel an order for any lawful reason.
An order will be considered accepted once Max Breeches has confirmed acceptance and, where applicable, successfully received payment.
You are responsible for reviewing your order carefully before submitting it, including product selection, size, colour, quantity, shipping address and contact information.
Once an order has been accepted or entered into processing, we may not be able to accommodate cancellation or modification requests.
If we cancel, modify or decline an order, we will make reasonable efforts to notify you using the contact details provided with the order.
Purchases made through the website are subject to our Refund and Return Policy [LINK].
Unless otherwise agreed in writing, products purchased through the retail website are intended for personal or household use and may not be purchased for unauthorised resale.
SECTION 4 — PRICES AND BILLING
Product prices, discounts and promotional offers may change at any time without prior notice.
The price applicable to your purchase will generally be the price displayed at the time the order is placed and will be reflected in your order confirmation.
Unless specifically stated otherwise, displayed prices may not include applicable taxes, customs duties, import charges, shipping, handling or other charges.
International customers are responsible for any customs duties, import taxes, clearance charges or other fees imposed by their destination country, unless expressly stated otherwise at checkout.
We may offer promotional campaigns from time to time. Certain promotions may be subject to additional terms and conditions. If promotional terms conflict with these Terms of Service, the specific promotional terms will apply to that promotion.
You agree to provide accurate and complete billing and payment information and to promptly update such information where necessary.
You represent that you are authorised to use the payment method provided for your purchase.
We reserve the right to refuse or cancel transactions where we reasonably suspect fraud, unauthorised activity, pricing errors or other improper activity.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery dates provided by Max Breeches are estimates unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs authorities, incorrect shipping information, weather events, natural disasters, strikes, governmental restrictions or other circumstances beyond our reasonable control.
For international shipments, customs clearance may cause additional delays.
You are responsible for providing a complete and accurate delivery address and contact information. Max Breeches is not responsible for delivery failures caused by inaccurate or incomplete information supplied by the customer.
Where applicable, responsibility for loss or damage to products may transfer in accordance with the applicable shipping terms and governing law.
Please review our Shipping Policy [LINK] for additional information.
SECTION 6 — INTELLECTUAL PROPERTY
All content made available through the Services, including but not limited to the Max Breeches name, logos, trademarks, product names, designs, photographs, images, graphics, text, videos, product descriptions, reviews, website design and other materials, is owned by Max Breeches, its affiliates or licensors and is protected by applicable intellectual property laws.
You may access and use the Services for personal and lawful purposes only.
You may not reproduce, copy, modify, distribute, publish, transmit, display, create derivative works from, sell, license or commercially exploit any content from our Services without our prior written permission.
Nothing in these Terms grants you any ownership rights or licence to use Max Breeches intellectual property except for the limited right to access and use the Services in accordance with these Terms.
The Max Breeches name, logo, product names, designs and slogans may constitute trademarks of Max Breeches or its licensors. You may not use them without prior written permission.
All rights not expressly granted under these Terms are reserved by Max Breeches.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
Our Services may provide access to tools, applications, payment services, shipping services or other functionality supplied by third parties.
We do not necessarily monitor or control these third-party tools and are not responsible for their availability, functionality or performance.
Third-party tools may be provided on an "as is" and "as available" basis.
Your use of third-party tools is subject to the terms and conditions of the relevant third-party provider.
We may introduce additional features, tools or services in the future. Any such features will form part of the Services and will be subject to these Terms unless otherwise stated.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites, applications, services or resources operated by third parties.
These links are provided for convenience only. We do not control and are not responsible for the content, availability, accuracy, security or practices of third-party websites.
If you access a third-party website through a link from our Services, you do so at your own risk.
Any transaction, purchase, service or interaction you undertake with a third party is subject to that third party's own terms and policies.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Max Breeches is powered by Shopify, which enables us to provide the Services through our online store.
However, purchases and sales made through our online store are transactions between you and Max Breeches.
Shopify is not responsible for the products sold by Max Breeches, the fulfilment of orders, product quality, returns, refunds, customer service or any other aspect of transactions between you and Max Breeches, except as may be required by applicable law.
By using the Services, you acknowledge that Shopify and its affiliates are not responsible for claims arising directly from your purchase or use of products purchased from Max Breeches.
SECTION 10 — PRIVACY POLICY
Your use of the Services is also subject to our Privacy Policy [LINK].
Our Privacy Policy explains how we collect, use, store and process personal information.
Because our online store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers involved in operating the Services.
By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that information may be processed by service providers located in countries other than your country of residence, where permitted by applicable law.
SECTION 11 — CUSTOMER FEEDBACK AND REVIEWS
If you submit, upload, post, email or otherwise provide reviews, comments, suggestions, ideas, photographs, testimonials or other content to Max Breeches ("Feedback"), you grant Max Breeches a worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, modify, publish, distribute and display that Feedback for lawful business purposes, including marketing and promotional purposes.
You represent that:
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You own or have the necessary rights to submit the Feedback;
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The Feedback does not infringe the rights of another person or entity;
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The Feedback is truthful and not misleading; and
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The Feedback complies with these Terms and applicable law.
We are not obligated to keep Feedback confidential, pay compensation for Feedback or respond to Feedback.
We reserve the right to remove or refuse to publish Feedback that we determine to be unlawful, misleading, abusive, offensive, defamatory, obscene or otherwise inappropriate.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or delivery estimates.
We reserve the right to correct such errors, update information or cancel affected orders where permitted by law.
If an order is affected by a material pricing or product information error, we may contact you to provide the option to confirm the order at the correct information or cancel the order.
We are not obligated to update or correct information unless required by applicable law.
SECTION 13 — PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use the Services:
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For any unlawful or fraudulent purpose;
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To violate applicable laws or regulations;
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To infringe the intellectual property rights of Max Breeches or any third party;
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To harass, abuse, threaten, defame or harm any person;
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To provide false or misleading information;
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To impersonate another person or entity;
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To transmit viruses, malware or other harmful code;
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To interfere with the security or operation of the Services;
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To collect personal information of others without appropriate authorisation;
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To send spam or unauthorised promotional communications;
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To reproduce, duplicate, copy, sell or exploit any portion of the Services without permission;
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To use automated systems, scraping tools, bots or other methods to extract or collect website content without our prior written permission; or
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To circumvent security, access controls or other restrictions implemented on the Services.
We reserve the right to suspend or terminate access to the Services if we reasonably determine that you have violated these Terms.
SECTION 14 — AUTOMATED ACCESS AND AGENTS
You may not use automated software, bots, agents, crawlers, scraping systems or similar technologies to access, interact with, collect data from or otherwise use the Services without our prior written permission.
We may implement technical measures to restrict or prevent automated access.
Any authorised automated system must comply with our technical requirements and must not circumvent security, access restrictions, CAPTCHA systems, robots exclusion mechanisms or other controls.
SECTION 15 — TERMINATION
We may suspend or terminate your access to the Services, or any portion of the Services, at our discretion where permitted by applicable law.
Termination does not affect any rights or obligations that arose before termination.
You remain responsible for all amounts due to Max Breeches up to the effective date of termination.
Provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law and any provisions that by their nature should survive termination will continue after termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services and information provided through them are provided on an "as is" and "as available" basis.
We do not guarantee that the Services will always be uninterrupted, secure, timely, accurate, complete or error-free.
Except where expressly stated by Max Breeches or required by applicable law, we disclaim warranties and conditions, whether express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Nothing in these Terms is intended to exclude or limit any warranty, guarantee or consumer right that cannot legally be excluded or limited under applicable law.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Max Breeches and its affiliates, directors, officers, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, savings, data or business opportunities arising from or relating to your use of the Services or products purchased through the Services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Where liability cannot be excluded but may be limited, our liability will be limited to the maximum extent permitted by applicable law.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Max Breeches, its affiliates, directors, officers, employees, agents, contractors, licensors and service providers from claims, losses, damages, liabilities and reasonable expenses arising from:
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Your breach of these Terms;
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Your violation of applicable law;
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Your violation of the rights of another person or entity; or
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Your misuse of the Services.
We reserve the right to assume control of the defence of any matter for which you are required to indemnify us, and you agree to cooperate reasonably with such defence.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force and effect.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into these Terms, constitute the entire agreement between you and Max Breeches concerning your use of the Services.
These Terms supersede prior agreements, communications and understandings relating to the same subject matter, except where otherwise required by applicable law.
SECTION 21 — ASSIGNMENT
You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.
Max Breeches may assign or transfer its rights and obligations under these Terms as part of a business transfer, restructuring, merger, acquisition or other lawful transaction, subject to applicable law.
SECTION 22 — GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements through which we provide Services shall be governed by and interpreted in accordance with the laws applicable to the jurisdiction in which Max Breeches is legally established, except where mandatory consumer protection laws provide otherwise.
Any dispute arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the courts having appropriate authority over Max Breeches, subject to applicable law.
[INSERT SPECIFIC GOVERNING LAW AND JURISDICTION AFTER LEGAL REVIEW]
SECTION 23 — HEADINGS
The headings used throughout these Terms are provided for convenience only and do not affect the interpretation or meaning of any provision.
SECTION 24 — CHANGES TO THESE TERMS
You may review the latest version of these Terms of Service at any time on this page.
Max Breeches reserves the right to update, modify or replace these Terms from time to time by posting the revised version on our website.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after revised Terms are posted constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 25 — CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to:
Max Breeches
Email: info@maxbreeches.com
Website: maxbreeches.com
Trading / Legal Name: [INSERT LEGAL BUSINESS NAME]
Registered Business Address: [INSERT BUSINESS ADDRESS]
Phone: [INSERT BUSINESS PHONE NUMBER]
Business Registration Number: [INSERT REGISTRATION NUMBER]
VAT / Tax Registration Number: [INSERT VAT NUMBER]
For questions regarding orders, products, returns, shipping or other customer-service matters, please contact us through the contact details provided on our website.
Last Updated: [INSERT DATE]