EquineCircle.com ("Site") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.
Attention: This Site and these Terms and Conditions may be changed by EquineCircle.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change.
Terms and Conditions
Buyers, Sellers and EquineCircle agree that the terms listed below shall govern each online auction sale.
REGISTRATION: All information provided by Buyer’s and Seller’s during the registration process must be current, complete, and accurate. Buyers and Sellers must be 18 years of age or older. EquineCircle, at its sole discretion, may deny registration to any person or entity. If your contact information changes, then you are responsible for proper notification. EquineCircle will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.
AGREEMENT TO TERMS: Access and use of any online auction site of EquineCircle (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. When making an offer to purchase an item that is accepted, I agree that EquineCircle will not be a party to that agreement and will have no responsibility whatsoever for performance of the sale or delivery of the item upon payment. EquineCircle reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Buyer’s and Seller’s responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes. Our services are not available to minors. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.
INTERFERENCE: Buyer’s and Seller’s agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online site.
SUSPENSION / PERMANENT BAN / BLACKLIST: A Buyer or Seller will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Buyer will be permanently banned from this Site for failing to honor an offer made under that Buyer's and will be Blacklisted with date of sale and amount payable posted on website for public viewing.
PAYMENT: The Buyer will pay the Seller directly. EquineCircle is acting only as a facilitator.
ITEM DESCRIPTIONS: The descriptions of items appearing in the site and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or EquineCircle concerning any items/lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS. EquineCircle does not have control over the items or lots that are posted in the Site, and cannot make any guarantees. EquineCircle is not responsible for the actions the Owner/Seller and Buyer’s take before, during, and after the online posting, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to visits to this site.
WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a site after they are listed. EquineCircle and the Owner/Seller reserve the right to do so at any time before or during the site listing. The Owner/Seller’s of property sold through this Site reserve the right to reject any and all offers in their sole discretion.
INDEMNITY: Buyer accepts responsibility for and agrees to indemnify, defend and hold harmless EquineCircle and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's and Seller’s, his agents or representatives, use of the Site, including but not limited to transport of any items or lots, and arising out of, based upon, or resulting from any breach or violation by Buyer and Seller of this Site User Agreement or any use by Buyer and Seller of the Site or as a result of a dispute. EquineCircle facilitates an online service but is not a party to any actual transaction between the Buyer's and Seller's. EquineCircle does not guarantee the sale of your item or the accuracy of the items or photos. Owner's are responsible for accuracy and photos appearing on the site.
INTERRUPTION OF SERVICE: EquineCircle cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Buyer acknowledges that this website is conducted electronically and relies on hardware and software that may malfunction without warning. EquineCircle, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of EquineCircle is final.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of EquineCircle. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
FRAUD: Beware of scammers on the internet. Seller's are receiving Buyer inquiries from potential Buyer's in other countries. These Buyer's attempt to arrange the purchase of a horse with a cashier's check covering the price of the item plus shipping. After shipping, they request that you refund the shipping charges back to them or give the additional money to the shipping company. The cashier's check will be counterfeit. EquineCircle recommends that Buyer's get a vet check on horses when buying on the internet. Buyer's should use a vet of the Buyer's choice.
If you have any questions regarding the Terms and Conditions for this web site, please contact us.