Terms of sale
Background:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
“Contract” means a contract for the purchase and sale of Goods;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order.
2. Information About Us
Our Site is owned and operated by SB Trade Ltd, a limited company registered in England under 12640218, whose registered address is 56 Ham Park road, London, England, E15 4HE and whose main trading address is 56 Ham Park road, London, England, E15 4HE trading as Navigator Boats (“We/Us/Our”).
3. Content
You acknowledge and agree that the entire contents of this website, including all images, graphics, text and other parts of these web pages are copyrighted by SB Trade Ltd or its subsidiaries or affiliates and/or third party licensors. It is your responsibility to take all necessary steps to access our website.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Terms relating to the Goods
You may only use the Goods for the purpose for which they were manufactured. The Goods are to be used only by properly skilled and trained personnel. You are responsible for putting in place all licences and permits which may be required to enable you to use the Goods.
5. Payment of orders
When you place your order with us, Stripe, our payment partner, will authorise your card for transactions. This means a request will be sent to your bank to debit the total order value immediately. This applies to orders placed on our website only. We accept Mastercard and Visa payments.
The taking of payment at the point of order does not indicate acceptance of your order. Acceptance will occur when we send you a dispatch of goods confirmation e-mail (orders are manually processed Mon-Fri).
6. Goods and Pricing
We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online, However, due to a number of factors such as; currency, raw material and manufacturing costs which can vary beyond our control, prices can alter and therefore we reserve the right to change our online prices without prior notice. We kindly ask that customers have patience and understanding when this is the case.
All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 days. We will treat your Order as cancelled and notify you of this in writing.
Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
7. Confirmation and Acceptance of your Order
When we receive your order we will send you an e-mail acknowledgement. This is to indicate that we have received your order.
Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery date and time;
It does not indicate that a contract exists between us. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8. Delivery, Risk and Ownership
All Goods purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order.
If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9. Cancelling and Returning Goods
We understand and appreciate that not all customers intend to use their purchases immediately and require time to get down to their boat to check the suitability of a product.
If you are ordering Goods by mail, telephone or via the internet, not in the course of business, you have the right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract, the Contract may be cancelled at any point before receipt of goods and fourteen (14) days after receipt of the goods provided you do so in writing. If you do so we shall refund any part of the Price paid for the relevant Goods to you within fourteen (14) days, provided always that you make available or return the Goods to us in accordance with clause 9.
Your right under clause 9 does not apply if the Goods are made to your specifications or personalised, if by reason of their nature they cannot be returned or are liable to deteriorate or expire rapidly.
If the Goods have been delivered prior to you cancelling under clause 9 you shall retain possession, take reasonable care of the Goods and either make them available for collection at the Delivery Location or return the Goods using such method as arranged by us.
We cannot, however, refund or exchange damaged goods, non-stock items or goods which have been custom made to order such as rigging, cut lengths of rope, chain & wire. We ask customers to take extra good care when returning goods and, where possible, return original packaging. In order for your return to be processed swiftly, it must contain a Returns Form. In such an event you shall return to us at your cost the Goods, properly packed to ensure safe delivery, to our address as set out below.
You can find your Returns Form displayed on the reverse of the Delivery Note with the original order.
You should then contact us at [email protected] to request a Returns Code. The Returns Code should then be documented on the form along with your reason for return.
The Returns Form should be returned along with the goods.
We strongly recommend that when returning goods that you use a carrier that offers a “signed for” service as the goods remain the responsibility of the customer until received at our address below.
Returns Department: 56 Ham Park road, London, England, E15 4HE.
Please retain proof of posting and enclose the original dispatch note, along with a contact telephone number, stating the reason for your return. Failure to do so may mean we are unable to contact you to confirm credit and/or refund arrangements.
Refunds will be made using the same payment method that you used when ordering the Goods.
10. Dealing as a Consumer
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 90 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 90 days of the date on which the Contract is cancelled.
12. How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of the UK GDPR and the Data Protection Act 2018. EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.
13. Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
