Yacht Parts Plymouth Ltd, yachtparts.co.uk

Full Terms and Conditions of Use and Sale
Condensed version available however condensed version note to be used in isolation and all claims and disputes will use the full terms and conditions only
Effective 1st January 2009

Welcome to Yacht Parts Plymouth Ltd website www.yachtparts.co.uk provides access to the yachtparts.co.uk webshop (“the webshop”) and we sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the yachtparts.co.uk website. By either shoping with us directly or using the yachtparts.co.uk webshop, you signify your agreement to be bound by these conditions. The following conditions also apply to goods purchased at the stores of Yacht Parts Plymouth Ltd and The Dinghy and RIB Warehouse. If you do not agree with these Terms and do not wish to be bound by them, please exit the Webshop and do not use the Webshop in the future.

1. Conditions relating to your use of yachtparts.co.uk
2. Conditions relating to the sale of products to you
3. Conditions relating to both your use of yachtparts.co.uk and sales to you
4. Notice to yachtparts.co.uk of Copyright infringement
5. Notice and procedure for notifying yachtparts.co.uk of defamatory content
6. Terms and Conditions for account holders at the Yacht Parts Plymouth and The Dinghy and RIB Warehouse.

1. Conditions Relating to Your Use of yachtparts.co.uk

Your Account
If you shop with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘Your Account’ area of the webshop. yachtparts.co.uk reserves the right to refuse access to the webshop terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Privacy
Please review our ‘privacy notice’ which also governs your visit to yachtparts.co.uk, to understand our practices.

Access to yachtparts.co.uk
We will do our utmost to ensure that availability of the webshop will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the webshop may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for website access
yachtparts.co.uk grants you a limited licence to access and make personal use of this webshop, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of yachtparts.co.uk. This licence does not include any resale or commercial use of this webshop or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this webshop or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This webshop or any portion of this webshop may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of yachtparts.co.uk and its affiliates without express prior written consent. You may not use any meta tags or any other "hidden text" utilising yachtparts.co.uk's names or trademarks without the express prior written consent of yachtparts.co.uk. Any unauthorised use terminates the permission or license granted by yachtparts.co.uk.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of yachtparts.co.uk as long as the link does not portray yachtparts.co.uk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any yachtparts.co.uk logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your conduct
You must not use the webshop in any way that causes, or is likely to cause, the webshop or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not yachtparts.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the webshop for lawful purposes only.
You must not use the webshop for any of the following:
* for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
* to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
* to cause annoyance, inconvenience or needless anxiety

Copyright and database rights
All content included on the webshop, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of yachtparts.co.uk, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this webshop is the exclusive property of yachtparts.co.uk and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this webshop is the property of yachtparts.co.uk, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the webshop without yachtparts.co.uk's express prior written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this webshop, without yachtparts.co.uk's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this webshop without yachtparts.co.uk’s prior express written consent.

Copyright claims
yachtparts.co.uk and its affiliates respect the intellectual property of others.

Trademarks
YACHTPARTS.CO.UK, YACHT PARTS PLYMOUTH LIMITED, THE YACHT PARTS LOGO AND THOSE OF OUR AFFILIATES and other marks indicated on our webshop are trademarks or registered trademarks of yachtparts.co.uk. yachtparts.co.uk's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Yacht Parts Plymouth Limited. Yacht Parts’ trademarks and trade dress may not be used in connection with any product or service that is not Yacht Parts’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yacht Parts. All other trademarks not owned by Yacht Parts that appear on this webshop are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yacht Parts.

2. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products by yachtparts.co.uk to you.

Our contract
When you place an order to purchase a product from yachtparts.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer from you to us to purchase a product. Any products on the same order, which we have not confirmed in an e-mail to have been dispatched, do not form part of that contract.

Returns
Our "no quibbles" guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item. Please note: we can only accept the return of opened items if they are faulty. You must email us before you send the item back. To enable us to process the return as quickly as possible, quote your order number and the reason for the return in the e-mail form. You will then receive an e-mail response giving you authorisation and any instructions.

In addition to your 30-day "No Quibbles" returns right, you are, by law, entitled to a statutory cooling-off period of seven business days. This applies to all of our products. For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error, or if the item is faulty. If we do not receive the item back from you with the delivery notice slip, we may arrange for collection of the item from your residence at your cost.

The return address is as follows:

Yacht Parts Plymouth Ltd
Queen Anne’s Battery Marina
Plymouth
Devon
PL4 0LP

You should be aware that once we begin the delivery process you will not be able to cancel any contract you have with us for additional services carried out by us. As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item together with the item's normal postage of the postage charge. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at: www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38102.html

Other Statutory Rights
For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway website at: www.consumerdirect.gov.uk

Pricing and availability
We list availability information for products sold by us on the webshop, either on confirmation of order or as included on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our best efforts, a small number of the hundreds of products in our catalogue are mispriced. Rest assured we verify prices as part of our dispatch procedures. If there is any discrepancy in price we will either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

We offer you consistently low prices on our entire catalogue. “Price", as displayed, is inclusive of UK VAT at the appropriate rate.

When We Charge Your Card
We accept Visa, Mastercard, American Express, Switch, Solo/Maestro. If you have paid by cheque and we owe you a full or partial refund, we will send a refund cheque for the correct amount.

Note: Although we make every effort to keep our online prices and charges correct, we cannot always guarantee the price and your order and goods will not be shipped until full payment has been received and cleared.

Customs
When ordering goods from yachtparts.co.uk for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from yachtparts.co.uk, you are considered the importer of the goods ordered and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Health & Safety
* Certain products within our catalogue have properties that make them potentially unsafe if misused. You must, upon receipt of any such product, read carefully any safety warnings and follow clearly any guidelines on how to use the product. If you are in any doubt about the use of the product, the meaning of any warnings, or whether your intended use of the product is safe, we urge you to contact the manufacturer for clarification prior to use. Yachtparts.co.uk will not be held responsible for any negligent use or misuse of products purchased from our webshop. Nothing in these guidelines should be thought to supersede, or to alter, or to take precedence over manufacturers' instructions. If no instructions are issued and you have a query about how to use the product you are purchasing, we request that you consult the manufacturer.
* Other products, such as flares, may not be sent at all for Health and Safety reasons. We ask that you collect these items from the Yacht Parts store in Plymouth in person.

3. Conditions Relating to Both Your Use of yachtparts.co.uk and Sales to You

Children
yachtparts.co.uk does not knowingly sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use yachtparts.co.uk only with the involvement of a parent or guardian.

Knives

By agreeing to these Terms and Conditions, you are agreeing that you are aged 18 or over and are allowed by UK law to purchase a knife.

Electronic communications
When you visit yachtparts.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the webshop. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Losses
yachtparts.co.uk will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the webshop, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the webshop or when a contract for the sale of goods by us to you was formed. yachtparts.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our webshop, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the webshop or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Our details
yachtparts.co.uk is a trading name. This webshop is owned and operated by Yacht Parts Limited.

For yachtparts.co.uk:
Yacht Parts Plymouth Limited
Queen Anne’s Battery Marina
Plymouth
Devon
PL4 0LP

T: 0044 1752 252489
F: 0044 1752 225899
VAT Reg. No. GB 402-1644-04

You can contact us by visiting contact us

4. Notice to yachtparts.co.uk of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, copy the Notice to yachtparts.co.uk of Copyright Infringement below into your word processor program, complete it in accordance with the instructions in the Notice and send a printed, signed copy to Copyright Claims, Yacht Parts Plymouth Limited, Queen Anne’s Battery Marina, Plymouth, Devon, PL4 0LP. Please note that this procedure is exclusively for notifying yachtparts.co.uk that your copyrighted material has been infringed. Please provide your address, telephone number, and e-mail address.
Important Warning: giving false, misleading or inaccurate information in the Notice to yachtparts.co.uk of Copyright Infringement may result in civil and criminal liability.
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Notice to yachtparts.co.uk of Copyright Infringement
In the matter of www.yachtparts.co.uk.
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.yachtparts.co.uk ("the webshop"). I make this statement in support of my giving yachtparts.co.uk notice that, via the website, it is causing or contributing to an infringement of copyright.
2. The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] ("Copyright Work").
3. [I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] ("Complainant"). I am [please explain the relationship of the signatory to the Complainant].
4. The material which is claimed to infringe the Copyright Work ("Infringing Material") is: [please clearly identify and describe the infringing material or work(s)].
5. The Infringing Material (delete whichever paragraph is not applicable):
(a) [is] available for purchase from yachtparts.co.uk via the webshop. [If the Infringing Material comprises only part of the relevant item, include the following:] The Infringing Material comprises [please describe where in the product the copyright work] of this product.
OR
(b) appears on the webshop at [please cut and paste the address of the relevant Web page from the website where the Infringing Material appears].
6. The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorised by the copyright owner, its agent(s), or the law.
7. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Date:

5. Notice and Procedure for Notifying yachtparts.co.uk of Defamatory Content
If you believe that any content on, or advertised for sale on, the webshop contains a defamatory statement, please notify us immediately by copying the Notice to yachtparts.co.uk of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy t Defamation Notices, Yacht Parts Plymouth Limited, Queen Anne’s Battery Marina, Plymouth, Devon, PL4 0LP. Please note that this procedure is exclusively for notifying yachtparts.co.uk of Defamatory content on or advertised for sale on the yachtparts.co.uk webshop. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to yachtparts.co.uk of Defamatory Content may result in civil and criminal liability.
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Notice to yachtparts.co.uk of Defamatory Content
In the matter of www.yachtparts.co.uk
S T A T E M E N T
I,[please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the webshop www.yachtparts.co.uk ("the webshop"). I make this statement in support of my giving Yachtparts.co.uk notice that, via the webshop, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:

Condensed Terms of Conditions.

Terms and Conditions for account holders at Yacht Parts Plymouth Ltd.

Effective 1st January 2009

1/ Goods shall remain the property of the seller as legal and equitable owner until the buyer has paid the full purchase price to the seller.

2/ The seller may, for the purpose of recovery of its goods, enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

3/ The contract between the buyer and the seller shall in all respects be construed and operate as an English contract governed by English Law.

4/ Payments are to be made in full to Yacht Parts Plymouth Limited within 30 days of the date of the invoice.

5/ In the event of payment of any invoice remaining outstanding for more than 60 days, Yacht Parts Plymouth Ltd and The Dinghy and RIB Warehouse, reserve our statuary rights under the Late Payment of Commercial Debts (Interest) Act 1998 to charge an interest fee at a rate of 1% per month or part month of which the payment remains outstanding.

6/ In the event of non-payment the account will be placed on stop credit until such time as the monies owed to the seller are paid.

7/ Discounts and offers are made at the Company’s discretion.

8/ In the event of non payment for longer than 120 days Yacht Parts Plymouth Limited and The Dinghy and RIB Warehouse reserve the right to seek court action.

9/ Our normal hours of business are:

Monday to Saturday 0900 - 1730

Sunday 0900 - 1500

10/ All carriage of goods will be placed with reputed carriers or the Royal Mail and their terms and conditions will apply to the delivery of goods. All goods must be delivered to a named person at a full address and P.O. box addresses and C/O Marina addresses will at the receivers risk.. Any claim for non delivery must to notified and received by Yacht Parts Plymouth Limited in writing within seven days of the due arrival date. The cost of carriage will vary depending on the item being purchased and where it is being dispatched to. We will always try to find the best method of transporting your goods.

11/ Any goods damaged on arrival must be notified to Yacht Parts Plymouth Limited within 24 hours of their arrival.