Terms and Conditions

Terms of Sale and Entire Agreement

• The Saddle Broker (the “Broker”) will assist the customer (the “Buyer”) and a third party (the “Seller”) in the purchase and sale of saddles and accessories (the “Product”) within and between the United States of America (“USA”) and Canada.   

• All Product sales are made between the Buyer and the Seller and are not associated with the Broker in any way.

• The Seller acknowledges having accepted these Terms and Conditions in full.

• The Buyer acknowledges having accepted these Terms and Conditions in full.

• The Seller shall fill out in entirety the Consignment Form, to be provided by the Broker.

• The Buyer and the Seller will promptly provide all paperwork, including but not limited to the Consignment Agreement, requested by the Broker.

• The Buyer and the Seller shall provide a valid drivers license or any other identification requirements of the Broker. The transaction will not be processed until identification requirements are satisfied by the Broker.

• The Terms and Conditions are governed by the Province of Alberta.

 

Price

• The Broker is not responsible for any of the Seller’s or the Buyer’s costs associated with the Product in any way.

• There shall be a non-refundable “Initial Saddle Listing Fee” for each transaction.

• The Initial Saddle Listing Fee is subject to change without notice when using third party transaction services such as PayPal and credit cards.

• Purchase funds shall not be released to the Seller until the Initial Saddle Listing Fee has been processed by the Broker.

• The Broker shall be entitled to a commission equal to fifteen (17%) percent of the purchase price of the Product (hereinafter referred to as the “Consignment Fee”). This is separate from the Initial Saddle Listing Fee which is none-refundable.

Payment and Delivery

• Once the Buyer has received notice from the Broker, they shall submit the requested amount of funds to the Broker within five (5) business days.

• The Buyer shall send payment to the Broker, to be held with the Broker, until the Product is received and accepted by the Buyer.

• The Buyer shall bear all expenses for having the Product shipped to them and the Seller is NOT to ship the Product until there has been confirmation of funds received by the Broker.

• The Seller shall ship the Product to the Buyer and upon confirmation of receival and acceptance, payment shall be forwarded to the Seller.

• Payment for Product in Canada may be made via e-transfer to the Broker.

• Payment for Product in the USA may be made to the Broker via wire transfer or third-party payment (contact broker) within five (5) business days.

• Should the Buyer and/or Seller wish to pay via Credit Card, PayPal, or other Third-Party, additional fees shall apply.

• All funds received from the Buyer shall default back to the Buyer in the case of complication, such as non-acceptance of the Product minus the cost for the Seller to ship the Product, and the cost of return shipping to the Seller shall be at the cost of the Buyer.

• All funds shall be sent in the currency and the amount for the Country in which the Product originated (i.e. Canada or USA). All refunds shall be returned in the same currency and amount as originally paid by the party.

• Should a transaction fail prior to shipment of the Product, all funds paid by the Buyer, if any, shall be returned to the Buyer less any transactional costs incurred by The Saddle Broker.

• Should a transaction fail after shipment of the Product, all funds shall be returned to the Buyer less the Initial Saddle Listing Fee and any transactional costs incurred by The Saddle Broker. The Buyer shall not be refunded for initial shipping cost.

• The Broker shall not be held responsible for any extra costs or fees incurred in a transaction.

• All funds received from the Buyer, including shipping costs, shall not be released by the Broker until the Product is received by the Buyer.

• The Broker shall not be held responsible for any extra costs or fees incurred in a transaction.

 

Insurance, Taxes and Shipping Costs

• The Seller is responsible for maintaining insurance coverage sufficient for the Product.

• The Seller is responsible for obtaining an accurate quote to be provided to the Buyer on the cost of having the saddle shipped to them

• The Seller is responsible for choosing an appropriate shipping carrier. A tracking number and signature will be required for each shipment. If a tracking number and signature is not provided to the Broker upon shipment, this may result in the withholding of funds.

• The Buyer shall be responsible for all taxes, including but not limited to GST in Canada. The Seller shall be responsible for collection and remittance of any provincial and/or state tax that may be applicable within their jurisdiction.

• All shipping related disputes that may occur are the responsibility of the Buyer and the Seller to resolve with the chosen shipping carrier and will be dealt with between the Seller, Buyer and shipping carrier.

• In the event there is a discrepancy of the original quote of shipping, all additional costs shall be the responsibility of the Buyer.

• Any Product lost or damaged in transit is the responsibility of the Seller to rectify with the shipping carrier.

• In no way is The Saddle Broker to be held responsible for Insurance, Taxes or Shipping Costs and the Buyer and Seller assume full responsibility for such cost.

 

Customs/Duty Fees

• The Buyer is responsible for all Customs, duty, tariffs and border fees and taxes, if any.

• The Broker shall not be responsible for any Customs, duty, tariffs and border fees and taxes, if any.

 

Returns

• If the Product is returned to the Seller from the Buyer, the Buyer shall provide a tracking number and request a signature upon delivery. Failure to do so may result in the withholding of funds if not completed.

• If the Product is returned to the Seller from the Buyer, payment shall be returned to the Buyer within twenty (20) business days upon proof of delivery of the Product to the Seller.

 

Limitation of Liability

• The Broker is a third-party only and is not responsible for the Product in any way including, but not limited to, saddles, saddle accessories, shipping.

• By utilization of the Broker’s services, the Buyer and the Seller acknowledge the Broker may not be held liable for any damage or misrepresentation that may occur between the Buyer and the Seller.

• The Broker is not responsible for loss of funds due to fluctuation of currency exchange.

• The Broker assumes no representations and warranties for the Product.

• The Broker does not independently investigate any of the representations made in relation to the Product.

 

In the event of a dispute between the Buyer and the Seller

• All disputes that may occur during shipping are the responsibility of the Buyer and the Seller to resolve with the chosen shipping carrier.

• If there is a dispute between the Buyer and the Seller that cannot be rectified, the parties agree to submit to arbitration as determined pursuant to the Arbitration Act (Alberta).In particular:

  • there shall be one arbitrator appointed by the mutual agreement of the parties, failing which any party may on notice to all other parties apply to a Judge of the Court of Queen’s Bench of Alberta to appoint an arbitrator;

  • the arbitrator shall have the power to obtain the assistance, advice or opinion of any expert as he may think fit and shall have the discretion to act upon any assistance, advice or opinion so obtained;

  • each party to the arbitration shall bear an equal share of the costs and expenses of the arbitration;

  • each of the parties will do all acts and things and execute all deeds and instruments necessary to give effect to any award made on any such arbitration;

  • the decision of the arbitrator shall be final and binding upon the parties as to the matter in dispute; and

  • the arbitrator shall be deemed to be acting as an arbitrator pursuant to the provisions of the Arbitration Act (Alberta).