TERMS & CONDITIONS
Thankyou for accessing our website at Southern Marine Services Ltd
The following terms and conditions apply to the use of this website and to the face to face dealings at 44 Old Wareham Road, Poole, Dorset BH12 4QR.
If you do not agree to the following terms and conditions, kindly please leave our website.
1. INTRODUCTION
1.1 Our terms and conditions govern your use of our website and face to face dealings at our retail unit. All parts and accessories are to be considered aftermarket (Generic) unless otherwise stated.
1.2 By using our website, you will be accepting the following terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must leave our website, and refrain from its use.
1.3 If you register with our website or make a purchase on our website, we will ask you to agree to these terms and conditions prior to checkout.
1.4 You must be a minimum of 18 years of age to use our website, and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. COPYRIGHT NOTICE
2.1 Copyright -Southern Marine Services Ltd 2018
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3 PRODUCTS
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
3.3 Prices on our website may be stated incorrectly.
3.4 The sale and purchase of products through our website will be subject to [terms and conditions of sale], and we will ask you to agree to the terms of that document each time you make a purchase on our website.
4. REGISTRATION AND ACCOUNTS
4.1 To be eligible for an individual account on our website under this Section 4, you must be at least 18 years of age and resident in the United Kingdom.
4.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
4.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
4.4 You must not use any other person’s account to access the website, unless you have that person’s permission to do so.
5. USER ID AND PASSWORDS
5.1 If you register for an account with our website, you will be asked to choose a user ID and password.
5.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8, you must not use your account or user ID for or in connection with the impersonation of any person.
5.3 You must keep your password confidential.
5.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
5.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6. CANCELLATION AND SUSPENSION OF ACCOUNT
6.1 We have the rights to-
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
6.2 You may cancel your account on our website using your account control panel on the website.
7. YOUR CONTENT: LICENCE
7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website and any successor website.
7.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. YOUR CONTENT: RULES
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:be libellous or maliciously false;
9. LIMITED WARRANTIES
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10. LIMITATIONS AND EXCLUSIONS OF LIABILITY
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. BREACHES OF THESE TERMS AND CONDITIONS
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanantly prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) suspend or delete your account on our website.
12. Third party websites
12.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
12.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. VARIATION
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
14. ASSIGNMENT
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. THIRD PARTY RIGHTS
15.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with [English law].
17. OUR DETAILS
17.1 This website is owned and operated by Southern Marine Services Ltd
17.2 Our principal place of business is at 44 Old Wareham Road, Poole. BH12 4QR
17.4 You can contact us by writing to the business address given above, by using our website contact form or by telephone on 01202 731538
18. RETURNS AND CANCELLATION POLICY
18.1 If you wish to cancel your order;
(a) you can notify us by email to sales@southernmarineservices.co.uk before we have despatched the goods to you, or
(b) where goods have already been despatched to you, by returning goods to us in accordance with clause 18.2 below.
18.2 You can return goods you have ordered from us for any reason at any time within 8 days of receipt for a full purchase price refund or exchange, excluding shipping/postage cost. The cost of returning goods to us shall be your responsibility. We will not be responsible for the safe return of goods. We would suggest that you use a recorded delivery service and suitable packaging. All good should be in origional packaging unopened, in a suitable condition for resale.
18.3 Upon receipt of the goods within the specified time scale in 18.2, we will give you a refund excluding shipping/postage costs of the amount paid or an exchange credit as required. Should you wish to return goods after the 8 day period, you will need to obtain approval by contacting us first. In this case, we reserve the right to refuse return or charge a handling charge, typically 20{f89539eb7251cd70581dd039320f9b043824c90a801e08c6b455e71df0b0e179}.
18.4 The rights to return goods to us as referred in clause 18.3 will not apply in the following circumstances:-
(a) in the event the product has been used or fitted
(b) All electrical equipment with any a type of memory capability will definitely not be refunded unless it is returned in its security sealed packaging, unopened.
(c) to any products that have been specially ordered, or customised specifically for you.(we will not accept these goods for return) The provisions of this clause 18.4 will not affect your statutory rights
19. WARRANTY
Normal warranty for parts supplied is 12 months from date of invoice. Warranty claims will only be considered on faulty goods, and we reserve the right to have it tested by the manufacturer which could incur a delay, typically 2 weeks.For further information please contact our office at Southern Marine Services Ltd – Tel 01202 731538.