Terms and Conditions

Welcome to Donnybrook Hoof

The terms and conditions outlined in this section govern the use of Donnybrook Products and the purchase of goods. Donnybrook is owned by Donnybrook Orchards (ABN 90 938 041 287). Should you have any questions please contact us.

Acknowledgement and acceptance of terms and conditions.

By using this facility, you agree to be bound by its terms and conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the ordering system you acknowledge that you have read and understood and agree to be bound by these terms and conditions.

Information Provided by You

If your purchase the goods available from Donnybrook, you will be required to provide certain current, complete and accurate information about yourself and your group. When you provide any information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Donnybrook for any losses, costs, expenses or damages that Donnybrook may suffer if any of this information is not correct.

Ordering of Goods

Any order placed by you through the ordering system, is an offer placed by you to purchase a particular product for the nominated price. (Including Delivery, GST and other charges) specified at the time you place your order and will be outlined in the Invoice. Donnybrook reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description, or an error in your order. There may be reasons why Donnybrook cannot fulfil your order. Therefore, your contract with Donnybrook only comes into existence when Donnybrook advises you that it has accepted your order and receipt of your payment has been confirmed.

All goods remain the property of Donnybrook until they are paid for in full.

Prices of products, delivery and other charges displayed are current at the time of issue, but may change at any time. The availability of products may change from time to time.

Cancellation of any order with Donnybrook Hoof

We reserve the right not to provide goods, terminate accounts, remove or edit content or cancel orders (or part there of) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation of any order by you

If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. Someone is required to be at this address to accept the goods and to sign for delivery.

As a guide only, the couriers attempt to deliver to the addresses nominated between 9.00 am and 5.00 pm. EST. Unfortunately, we are unable to give a guaranteed time of delivery.

We will provide you with a date or a system to validate the date of delivery. While we make every effort to deliver by this date, these are estimates only and can vary.

It is the responsibility of the customer to inform Donnybrook if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please not that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be dispatched at our discretion.

Without limiting the operation of the Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other terms and Conditions herein, you agree that the late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of the order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

8 Week Guarantee Return Policy

In the event that you use the product and are not satisfied with the result, please contact us to discuss the issue. If you are still not satisfied with the application of the product. Donnybrook Hoof will reimburse the cost of the product purchased. The application of the 8 week refund policy will take effect from the date place on the invoice for delivery.

Voluntary Returns of Stock

To satisfy safety requirements and to guarantee the quality of the products supplied, we cannot accept returns, so please order carefully.

Returns of Faulty Stock

In the event that you receive a defective or damaged product, you must notify us within 14 days of delivery, and we will refund the original product price, delivery and other fees via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item, subject to availability.

You may be requested to return the product to us at our cost – please note that if the products are found to be non-defective you will incur the delivery costs or returning the item to Donnybrook.

Limitation of Liability

Any liability of Donnybrook, associated third parties and supplies in connection with goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Donnybrook be limited to the replacement of goods and the payment of the cost of replacing.

Applicable law

These Terms and Conditions are governed by and construed in accordance with the laws in force in South Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia and any courts, which may hear appeals from those courts.

Disclaimer

The information contained in any documentation or medium is provided by Donnybrook in good faith and to the best of Donnybrook’s knowledge, the information is accurate and correct. However, Donnybrook and its related bodies corporate, any of their directors, officers, employees or shareholders do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Donnybrook disclaims all representations and warranties, express or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose and non-infringement.

You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Donnybrook will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods supplied to you or on behalf of you.

Copyright

Copyright of the product and the literature associated with Donnybrook is the property of Donnybrook. This property may only be used for the purposes of browsing the information and acquiring goods supplied by Donnybrook. All rights are reserved.

Virus Warning

Donnybrook does not represent that any information or file obtained from or through the donnybrook website or associated links is free from computer viruses or other faults or defects. It is your responsibility to scan such information for computer viruses. Donnybrook will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law cannot be excluded imposes any liability on Donnybrook, that liability shall be limited to the cost of re-suppling that information.