Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.mailspeedmarine.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
www.mailspeedmarine.com is a website operated by Mailspeed Marine Limited (we). We are registered in England and Wales under company number 1625699 and with our registered office address at London Road, Sayers Common, West Sussex, BN6 9HS. Our trading address for this website is Falcon Park, Hophurst Lane, Crawley Down,West Sussex, RH10 4XF. Our VAT number is 508874516.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Serviced Countries listed in the drop down box on the registration page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions will be communicated to you at the time you place your order.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; [and]3.1.2 You are at least 18 years old;3.1.3 You are resident in one of the Serviced Countries; and3.1.4 You are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms contract between us (Contract) will only be formed when we send you the Shipping Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
4.3 Any shortages must be reported within 7 days of the order arriving. 5. OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 Alternatively, we might use a third party to supply Products in which case we do not own or stock those Products ourselves.
5.3 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is Involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Shipping confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRODUCT DESCRIPTION, PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shipping Information displayed in the checkout process.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
9.6 No contract for the sale of any product will exist between you and Mailspeed Marine Ltd until Mailspeed Marine Limited has dispatched the goods. Payment for products may be taken prior to dispatch.
9.7 Payment for all Products must be by credit or debit card. The accepted cards are listed at the foot of each web page. We will charge your credit or debit card when the order is placed. We regret we cannot accept multiple credit cards as part payment for a given order.
9.8 We reserve the right to request a payment by BACS/IBAN for any order of a significant value.
9.9 We reserve the right to request a 20% non-refundable deposit on special orders made up wholly or in part of items not displayed on our website or usually stocked by us.
9.10 Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, photos and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and Product Photos in particular appearing on this Website at a particular time may not always reflect the product description exactly at the moment you place an order. Always refer to the product description rather than product image to check what you are ordering. If you spot an error with one of our photos, you can let us know by email HERE
10. OUR REFUNDS POLICY
10.1 You are entitled to cancel your contract if you wish providing you act within 7 working days of receipt of the goods.
10.2 If you wish to exercise this right prior to dispatch of goods please email us at firstname.lastname@example.org
10.3 If your order has already been dispatched please follow our returns information.
10.4 Please note your right to return products does not apply on personalized items, those made to your specifications. These may only be returned if they are faulty.
10.5 We hope you are happy with any product purchased, but if you wish to return a product to us for any reason you may do so within 28 days of the dispatch date. It must be in a saleable condition and in its original undamaged packaging. We will refund the price or replace the product. We may withhold up to 20% of the purchase price of returned goods if the product or packaging is in such a condition that the item is not fully re-saleable. Return delivery charges will only be refunded in the event of faulty, damaged or incorrect items. This does not affect your statutory rights.
10.6 Please note due to reasons of safety, hygiene and security we are unable to exchange or accept the return of certain products once the packaging has been opened unless faulty: toilet accessories, personal and pets grooming products, horse and pet rugs.
10.7 We cannot refund or exchange personalized products unless faulty. We cannot refund or exchange self assembly items if they have been assembled, unless faulty.
10.8 If you have a faulty engine please call us so we can liaise with you regarding an inspection and repair with the manufacturer
10.9 What to do: Just fill out the Returns form included in your parcel and send it back with the item; we’ll process your refund or replacement as soon as it arrives back with us. If you haven’t received a return form you can download one online here If you wish to return an item in accordance with the Distance Selling Regulations, please inform us within seven working days of receipt of the goods.
10.10 The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend that you obtain a Proof of Postage certificate which are available free of charge from the Post Office. Alternatively, call Customer Services on 01342 710612 who can arrange a collection at a charge of £10 which is non refundable unless the incorrect item was sent or the item is faulty or damaged. We will refund returns postage for an item which is faulty, damaged or sent to you in error.
10.11 We regret that postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded except in the case of cancellations and returns in accordance with the Distance Selling Act.
10.12 International Returns: The cost of returning items is down to you and you are responsible for any returned goods until they reach our warehouse. We recommend you use recorded delivery or registered post and retain proof of postage. We will refund returns postage for an item which is faulty or sent to you in error. We regret we are unable to arrange collection of items.
10.13 Returns and exchanges will be processed as soon as possible after arrival.
10.14 Credit can be used against your next order, both online and with telephone orders.
10.15 Our returns address is: Falcon Park, Hophurst Lane, Crawley Down, West Sussex, RH10 4XF
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 .For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONSApplicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mailspeed Marine Limited at London Road, Sayers Common, West Sussex, BN6 9HS. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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