Euro Horse Imports Ltd, not only aim to fully comply with the Sale of goods Act 1979 (as amended) but exceed it. We offer full trials for a agreed period at time of sale. This trial is to establish if you and your new horse are going to get along. We insist the horse is vetted by a vet of your choice, we feel its much more sensible to have the vetting done nearing the end of the trial as why pay for a vetting if you find the horse unsuitable for other reasons. You can also instruct a vetting prior to the horse leaving us but again we prefer this done at end of trial for the same reason, but the choice is yours. This vetting must include aging and blood tests. If for any reason whatsoever the horse is found unsuitable you may return the horse for a full refund of the purchase price. All other costs are your responsibility such as transport to and from us, livery costs, vetting etc.
After deciding to buy a horse from us, it is going to cost you money even if the horse is returned to us. We therefore ask you to fully inspect and trial the horse taking as much time as needed before making any decision to purchase. We also ask you to complete a short form listing your experience of horse care and riding ability. We also complete this form listing any issues we have found during our ownership.
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Because you do not need a reason to return a horse we don’t feel the need to add loads of caveats merely setting out the sales of goods act, and below that general buying tips. In short if the horse is found unsuitable or differs from our opinion of the horse during our assessment then we don’t argue, we simple give you your money back and stay friends.
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THE MAIN THING IS LETS TALK IT DOESNT HAVE TO BE A WAR OR A BLAME GAME IF WERE WRONG AND WE HAVE MADE A MISTAKE WE LIKE YOU ARE HUMAN IT DOES HAPPEN WE WILL APOLOGISE AND FIND A PROFESSIONAL SOLUTION TO YOUR SATISACTION WORKING WITH THE SALES OF GOODS ACT AS OUR BASE LINE GUIDE.
THE ABOVE TERMS DO NOT APPLY TO HORSES WE HAVE IMPORTED ON YOUR BEHALF
IN THESE CASES WE ACT AS A BROKER ONLY
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​The Sale of Goods Act 1979 (as amended) is crucial for consumers because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law, you know it has been amended too.
​The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet.
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The goods must be:
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as described
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of satisfactory quality
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fit for purpose
As described refers to any advert or verbal description made by the trader.
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Satisfactory quality covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale.
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Fit for purpose covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.
If you buy something which doesn't meet these conditions you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too.
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Note however that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has no legal redress against the seller, just that he/she isn't entitled to a full refund.
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Instead a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).
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The act covers second-hand items and sales. But if you buy privately your only entitlement to your money back is if the goods aren't 'as described'.
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If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought unless the seller can prove to the contrary.
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In all other situations it's for the consumer to prove their own case (that is, that the problem existed at the time of the contract). This will prove more difficult the longer you've had the goods. Subject to this a consumer has six years from the time they buy something in which to make a claim irrespective of how long the goods actually last
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THE LAW IN PRACTICE
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The Sale of Goods Act applies only if you buy an equine from a person classified as a ‘dealer’. Buying from a horse dealer can offer the best protection.
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If you find your new horse has a problem, making him unsuitable for the purpose you bought him, you’re entitled to your money back — even if the horse dealer denies knowledge.
The Act implies certain conditions of sale — your ‘statutory rights’.
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These are:
1. The horse must be of ‘reasonable’ or ‘satisfactory’ quality — for instance, free of defects such as lameness — unless you have prior knowledge and accept the condition.
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2. The new horse must be fit for the purpose for which it was generally sold, or any purpose made known at the time of the agreement.
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3. He must be ‘as described’. If your new eight-year-old horse turns out to be over 18, it’s a breach of trading standards.
If one or all of these criteria are not met, you may be entitled to a full refund or the difference in value between the horse you thought you were buying and the one you got.
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Buying privately
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Buying privately is a different matter. The law ‘caveat emptor’ (let the buyer beware) exists.
If the horse has a problem, you must be able to prove the seller knew, or ought to have known, about it in order for you to get a refund. And suing for breach of contract can be difficult, lengthy and costly.
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If you innocently rely on the vendor’s comments, such as believing the horse to be vice-free when it turns out to weave, then you have the right to your money back, including the full cost of the horse, compensation and other expenses incurred.
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“But you have to be able to prove that the seller represented the horse wrongly or inaccurately. In court, that could simply come down to your word against theirs. For this reason, you should get a written representation from the seller when you buy a horse.”
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Buyer’s checklist
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1. Always take another person with you to act as a witness.
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2. Get the horse vetted by your own or an independent horse vet. Tell the equine vet what activities you want the horse for.
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3. Try the horse out at least once and watch it being ridden by its current rider. Watch how he responds when being tacked up and in the stable.
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4. Face the horse with different scenarios: hack him out alone, in company and in traffic. If it’s important he can jump, try him out over fences and coloured poles. Also, it’s a good idea to see him being loaded.
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5. Get something in writing from the vendor that confirms the horse is what they say he is. This helps to avoid confusion and provides some signed evidence to back up your claim in court, should it come to that.
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6. Reputable horse dealers will agree in writing to take a horse back if it has a physical or behavioural problem and either refund the purchase price or offer an exchange. Don’t let the horse dealer take the horse back to sell it on your behalf. You, and not the dealer, could be sued by the next owner if you fail to disclose a problem.
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7. Ask to have the horse on loan for a week’s trial period to see how he reacts in unfamiliar territory and give you time to make up your mind. You will need toinsure the horse first.
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8. If there’s a problem, act straight away. The longer you leave it, the more you risk losing your right to a full refund, although you’ll still be able to claim damages
