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terms & conditions...

 


Terms & Conditions

LIVERPOOL POWER BOATS LIMITED
[Trading as Liverpool powerboats.co.uk]
Terms and Conditions

liverpoolpowerboats.co.uk TERMS & CONDITIONS

This page along with the following documents referred to on it, informs you of the Terms & Conditions by which we supply any of the products listed on our website, liverpoolpowerboats.com, to you. Please read the following Terms & Conditions carefully before placing an order for any products on our site. Please note that by ordering any products through our site, that you are agreeing to be bound by the following Terms & Conditions.

Please click the “I Accept” button at the bottom of this page if you accept our Terms & Conditions. Please note that if you choose not to accept our Terms & Conditions, that you will not be allowed to order any products from our website.

1. INFORMATION ABOUT US

www.liverpoolpowerboats.co.uk is a website managed by and a trading name of Liverpool Power Boats Limited. Our Company is registered in England and Wales under the company number 4420146. Our registered office is at 89 Chorley Road, Swinton, Manchester, M27 4AA. Our trading address for this website is 105 Rimrose Road, Bootle, Liverpool, L20 4HN. Our V.A.T. number is 454058157.

2. SERVICE AVAILABILTY

Our site is only intended for use by those persons resident in the Serviced Countries listed in the drop down box on the registration page. We cannot accept orders from individuals outside of the listed countries. Restrictions are placed on the extent to which we accept orders from specific countries. These restrictions will be communicated to you at the time when you place your order.

3. YOUR STATUS

By placing an order through our website, you confirm that:
3.1.1. You are legally capable of entering into a binding contract.
3.1.2. You are over 18 years of age.
3.1.3. You are a resident in one of the Serviced Countries.
3.1.4. You are accessing our site from the country specified.

4. HOW THE CONTRACT IS FORMED BETWEEN US AND YOU

4.1. After placing your order, you will receive an email from ourselves informing you that your order has been received. Please note that this email does not mean that your order has been accepted. Your order constitutes to us an offer to buy a product. All orders, are subject to acceptance by ourselves. We will confirm your order has been accepted by sending to you an email confirming that a contract has been formed between Us and You. The Contract will only take effect when we send you a Shipping Confirmation.

4.2. The Contract will only concern those products listed on the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the despatch of such products has been confirmed in a separate Shipping Confirmation.

5. OUR STATUS

5.1. Please be aware that in some cases you will be purchasing a Product on our site from a third party, as we accept orders as agents on behalf of third party sellers. You will therefore be subject to the Terms and Conditions of the third party seller of which you will be advised of directly by them. You are asked to carefully read the third parties terms and conditions before making the transaction. In such cases we act solely as your agent in making such a contract with such third party.

5.2. Alternatively, we might use a third party seller to supply Products to you when we do not own the Product or stock ourselves. You will be advised of this and in such circumstances we act solely as your agent in making such a contract with such third party.

6. CONSUMER RIGHTS

6.1. If you are contracting as a consumer and the item is not defective, you may cancel your contract at any time within 30 days of receiving your item. In this case, you will receive a full refund or exchange to the value paid for the product upon purchase.

6.2. In order to cancel a contract, please refer to our Returns Policy which is incorporated into this contract.

7. AVAILABILTIY AND DELIVERY

Your order will be despatched by the delivery date set out in your Despatch Confirmation. If there is no delivery date specified then your order will be despatched within 30 days of the date of the Shipping confirmation, unless there are exceptional circumstances in which you will be informed.

8. RISK AND TITLE

8.1. Products ordered will be at your own risk from the time that they leave our warehouse.

8.2. Ownership of the Products ordered will only pass on to you once full payment has been received in respect for the goods ordered, along with the delivery charges. Until payment, you will hold the goods as our trustee and you will not incorporate such goods into any other product and if you dare, shall have a lien over such product until such time as we are paid in full.

8.3. Goods will only be despatched once full payment has been received.

9. PRODUCT DESCRIPTION, PRICE AND PAYMENT

9.1. The price of any of our Products will be quoted on our website which may fluctuate from time to time, except in obvious error.

9.2. All prices quoted include V.A.T. but exclude delivery costs. Delivery costs will be advised to you and added to the total amount due at the checkout process.

9.3. Prices may change from time to time, however any price changes made will not affect orders in respect of which a Shipping Confirmation has already been received by you.

9.4. Our website contains a large number of our Products. It is therefore always possible that some of our Products listed on our site may be incorrectly priced. Prices on our website are therefore for guidance only and do not form any part of any offer to sell nor do such prices form any commitment as to price. Prices are verified as part of our despatch procedure. Should an item listed be greater than our shelf price, we will charge the lesser amount when despatching the product to you. However, if the listed item’s correct price is higher than the price stated, we will, at our discretion, either contact you to inform you of such a price change and wait for your instructions before despatching the Product, or reject the order and notify you of such rejection.

9.5. We are under no obligation to supply the product ordered to you at the incorrect price shown on our website, even after we have supplied you with a despatch note, if the price quoted is wrong. Such pricing is for guidance only.

9.6. No contract between you and Liverpool Power Boats Ltd will exist until Liverpool Power Boats Ltd has despatched the goods to you. Payment for products supplied will be taken before the goods are despatched.

9.7. Payment for all goods ordered, must be paid for by either credit or debit card. A list of the cards accepted can by found at checkout. We regret to inform you that we cannot accept multiple cards as part payment for a given order.

9.8. We reserve the right to request payment for any order of a significant value by BACS/IBAN.

9.9. We reserve the right to request a non-refundable 20% deposit on special orders made up wholly or in part of items which are not displayed on our website but are stocked by us. This right also applies to the ordering of outboard motor spares.

9.10. Each item Purchased on our website is sold with its product description. We will take all reasonable care to ensure that all details provided, descriptions, photos and prices of each Product appearing on the website are correct at the time when the relevant information is uploaded onto the system. We aim to keep the website as up-to-date as possible. However, the information provided at a particular time, including the Product Photograph and Description, may not always reflect the products exact description, at the moment you place an order. We therefore ask that you always refer to the manufacturers product description rather than the product image when placing an order with ourselves in order to check the product which you are ordering.

10. OUR REFUNDS POLICY

10.1. You are entitled to cancel your order providing that you act within 7 working days of receipt of your order.

10.2. If you wish to exercise this right to cancellation of an order prior to receiving a despatch note please contact us by email. The email address is: info@liverpoolpowerboats.com

10.3. If your order has already been despatched please follow our Returns Policy.

10.4. Please note that our Returns Policy does not apply to personalised items, special orders or outboard motor parts. These items can only be returned if they are faulty. Any outboard motor spare parts returned which are not faulty, will incur a 50% handling charge. Please refer to our Returns Policy.

10.5. We hope that your are happy with any Products that we have supplied to you, however, if you wish to return a product to us, for any reason, you must do so within 30 days of the despatch date. Items returned must be in a re- merchantable condition and in its undamaged original packaging. See our Returns Policy.

10.6. We cannot refund or exchange any special orders or personalised items unless the product is faulty. We cannot refund or exchange any self-assembly items unless the product is faulty. We cannot refund any item returned to us after the 30 day period allowed if the item isn‘t considered to be faulty. We may offer at our discretion you store credit at the current shop floor price providing that the item is returned to us in its original packaging and in a re-merchantable condition.

10.7. If a engine is considered faulty please contact us so that we can liaise with you regarding an inspection and/or repair with the manufacturer.

10.8. In order to return an item: Fill out the Returns Form provided on our website and send it, along with your product and a copy of your original receipt to Liverpool Power Boats Ltd - Returns,105 Rimrose Road, Bootle, Liverpool, L20 4HN.

10.9.The cost of returning an item is done so at your own cost. You are responsible for any returned goods until they reach our returns depot. We recommend that you keep a Proof of Postage which are available free of charge from your local Post Office. Alternatively, you can call our customer collections on 0151 944 1163 who can arrange a collection at a cost of £15 which is non-refundable, unless the incorrect item has been sent or the product supplied is faulty or damaged. We will only refund postage costs on items which are either faulty, damaged or sent to you in error.

10.10.We regret to inform you that postage, packaging and insurance costs incurred in the purchasing and delivery of goods to you are direct costs and are non refundable except in the case of a contract cancelled before a Despatch Note has been issued, faulty or damaged goods or returns in accordance with the Distance Selling Act.

10.11.International Returns: You are responsible for returning goods. You are responsible for any returned goods until they reach are returns department. We recommend that you use Recorded Delivery or Registered Post and keep a proof of postage. We will refund postage for any item that is faulty or sent to you in error. We regret that we are unable to arrange collection for these items.

10.12.Returns and exchanges will be processed as soon as possible once the goods have been received. We aim to address returns and exchanges within 7 working days.

10.13.Our returns address is: 105 Rimrose Road, Bootle, Liverpool, L20 4HN.

11.OUR LIABILITY

11.1. We warrant to you that all the Products supplied to you through this website are of satisfactory quality and are reasonably fit for all the purpose for which products of this kind are supplied.

11.2. Our liability howsoever or whatsoever arising [including as to our own negligence] for losses you suffer as a result of us breaking this agreement is limited to the purchase price of the Product and any losses which are foreseeable consequences. Losses are foreseeable where they could be contemplated by you and us at the time your purchase was 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 upon which it would be illegal for us to exclude or attempt to exclude, our liability.

11.4. Notwithstanding anything contained herein to the contrary we are not liable in respect of loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of waste management or office time how so ever arising and whether caused by tort ( including as to our own negligence), breach of contract or otherwise, even if foreseeable.

11.5. Where you buy a Product from a third party seller through our website, the seller’s liability will be set out in the seller’s terms and conditions and we act only as your agent.

12. IMPORT DUTY

12.1. If products are ordered from our site to be delivered outside of the EEA, they may be subject to import duties and taxes of all fiscal changes which are levied when the delivery reaches its required destination. You will be responsible for payment of any import duties or taxes. Please note that we have no control over these charges and are therefore not able to predict their amount. Please contact your local fiscal or customs office for further information before placing your order.

12.2. Please note that you must comply with all applicable laws and regulations of the country to which you require the products ordered to be delivered. We will not be liable for any breach of laws committed by you.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. Therefore, when using our website, you accept communication with us will be mainly electronic. You will be contacted through email and we will provide you with information by posting notices on to our website. For contractual purposes, you agree to our electronic means of communication and you acknowledge that all contracts, notices, information and other forms of communication that we provide to you electronically will comply with any legal requirement that such communications will be in writing. This regulation does not affect your statutory rights.

14. NOTICES

All notices given by you to us must be addressed to Liverpool Power Boats Ltd at 105 Rimrose Road, Bootle, Liverpool, L20 4HN. We may give notice to you at either the email or postal address which you provided when placing the order, or in any of the ways specified in clause 3 above. Notices will be deemed received and properly served once posted on to our website, or 24 hours after an email was sent to you, or three days after the date of posting any letter to you. In providing the service of any notice, it will be sufficient to prove such communication, in the case of a letter, that such letter was properly addressed, stamped and placed into a post box, and in the case of an email, that such an 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 legally binding on you and us and our respective successors and assigns and is enforceable by law.

15.2. You may not transfer, assign, sub-contract, charge or otherwise dispose of a contract, or any of our rights or legal 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.

15.4. The contract between us and you is legally binding for 30 days from the day after the day you, the consumer, sends your offer to us, unless otherwise stated.

15.5. If for any reason we are unable to meet the delivery deadline of 30 days, we will inform you of this before the 30 day deadline. We will then give you the option to either revise another delivery date or to terminate your contract between us and you, and a full refund will be issued. This does not apply to orders made, where from purchase, it was stated that the order wouldn’t be delivered within 30 days.

16. EVENTS OUTSIDE OF OUR CONTROL

16.1. We will not be responsible or liable for any delay in performance or failure to perform, any obligations in our contract, between you and us should an event outside of our reasonable control occur (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, the following:

16.2.1. Forces of nature: fire, explosion, storm, flood, earthquake, subsidence, epidemic and/or other natural disasters.

16.2.2. Telecommunications: Disruption to the internet infrastructure, including hacker attacks, virus or other malicious software infections or attacks, power failures, and/or the use of other public and private telecommunications.

16.2.3. Industrial Disputes: Strikes, lock-outs or other industrial action.

16.2.4. Civil commotion, riots, protests, acts of terrorism or threat of terrorism attack, invasion, war (declared or not) and/or the threat of, or the preparation of war.

16.2.5. Transport: Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2.6. Changes to the Law: Acts, decrees, legislation, regulations or restrictions of any government.

17. WAIVER

17.2. If we fail at any time during our contract between you and us, to insist upon strict performance of any of your obligations under the contract or any of our terms and conditions, or if we fail to exercise any of the rights or remedies to which you 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.

17.3. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.4. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated by us to be a waiver and is communicated in writing to you (See clause 13 above).

18. SEVERABILTY

If any of these Terms and Conditions or any aspects of our Contract are considered to be illegal or otherwise unenforceable to any extent by any competent authorities, such term, condition or provision to that extent will be served 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 other documents referred to in them, represent our entire agreement between you and us in relation to the subject matter of any Contract or prior agreement, understanding or arrangement between you and us, whether it be written or verbally communicated.

19.2. We both acknowledge when entering into a contract that, neither of us have relied on any representation, undertaking or promise given by the other party or any implication from anything said or written in negotiation between you and us, prior to such a Contract except the conditions expressly stated in these Terms and Conditions.

19.3. Neither party shall have any remedy in respect of any untrue statement made by the other, whether it be orally communicated or written, prior to the date of the contract (unless such untrue statement has been made fraudulently) in which the other party’s only remedy shall be for breach of Contract as stated in these Terms and Conditions.

20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

20.1. Please note that we (Liverpool Power Boats Ltd [Trading as Liverpool powerboats.co.uk]) have the right to revise and amend these Terms and Conditions from time to time.

20.2. You will be subject to the Terms and Conditions in force at the time upon which you placed your order with us, unless any changes of these policies or Terms and Conditions are required to be made by Law or a Governmental Authority (in this circumstance it will apply to orders placed by you prior to the change). You are also subject to the new Terms and Conditions if we notify you of any changes to these Terms and Conditions prior to you receiving our despatch note. In this case we have the right to assume that you have accepted the new Terms and Conditions, unless you have notified us to the contrary within seven working days of receiving your goods.

21. LAW AND JURISDICTION

Contracts to the purchase of goods through our website will be governed by English Law. Any disputes arising from, or related to, such Contracts will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.

22. DATA

Your information will be added to our marketing data base. It will be used for the purposes of advising you by post, telephone and/or electronic methods about any products or services of a similar nature provided by us that may be of interest to you. We will use your information for business analysis and market research purposes. We may also pass your details to other carefully selected organisations but only for the purposes mentioned above. Subject to the payment of a few you can ask for a copy of the personal information we hold about you by writing to Liverpool Power Boats Ltd [Trading as liverpoolpowerboats.com], 105 Rimrose Road, Bootle, Liverpool, L20 4HN. We will not pass your data outside of the EEA.