Nautibuoy Terms & Conditions
In this Agreement, the following words shall have the following meanings:
“Calendar Day” means any day of the year. “Working Day” means Monday-Friday when the Bank of England is open for trading.
“Cancellation Form” means the model cancellation form attached to these Terms, as attached to these Terms.
“Carrier” means the carrier chosen by us to be responsible for the shipment and delivery of the Goods.
“Deposit” means the deposit payable as stated on the Order Form.
“Goods” means the goods as stated on the Order Form.
“Order Date” the date on which you have signed a copy of the Order Form.
“Order Form” means the form to which these Terms are attached.
“Sales Literature” means any and all brochures, catalogues, leaflets, price lists and other documents providing details of the Goods available and pricing information for those goods. “Terms” these Terms as amended from time to time in accordance with this agreement.
“we/us/our/Seller” shall mean Nautibuoy Marine Limited, a company registered in England and Wales under company number 08384675 and registered office at Flat 1, Hunters Moon House, Dartington, Totnes, Devon, TQ9 6EZ.
1. Basis of Sale
1.1. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. You acknowledge that by entering into this Contract, you are relying on your inspection of the Goods and the sales literature that we have prepared. You are not relying upon, and waive any claim for breach of, any representations that are not confirmed in writing by us.
1.2. Sales literature, price lists and other documents issued by us in relation to the Goods are subject to alteration without notice and do not constitute contractual offers to sell the Goods, which are capable of acceptance.
1.3. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on the part of ours.
2. Order and Specifications
2.1. When you agree to these terms and make payment of the Deposit you are deemed to be making an offer to us for a purchase of the Goods. No Order placed by you shall be deemed to be accepted by us until it is confirmed in writing. We will send such confirmation when we can confirm that we hold sufficient stock to meet your order and are able to meet the delivery dates as set out on the Order Form. If we are unable to agree to supply the goods then we shall make a full repayment of the Deposit within 10 working days.
2.2. The specification for the Goods shall be those set out on our Sales Literature unless varied expressly in the Customer’s order (if accepted by us).
2.3. We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements.
2.4. No Order which has been accepted by us may be cancelled by the Customer except in accordance with the procedure set out in Clause 6 below.
3.1. The price of the Goods shall be that shown on the Order Form or on our Sales Literature.
3.2. Where we have provided a price for the Goods other than in accordance with the Seller’s Sales Literature the price quoted shall be valid for 7 days only. If Deposit is not paid before expiry of this period then our quote shall cease and the price of the Goods shall be as set out in our Sales Literature.
3.3. Once an Order has been placed by you and confirmed by us, we shall not alter the price of the Goods chargeable to you which form part of that order.
3.4. Unless otherwise stated in Sales Literature, prices shown for Goods do not include delivery charges and these shall be as stated to you on the Order Form or confirmed in writing following your order.
3.5. Unless otherwise stated, all prices shown are exclusive of VAT and other relevant taxes.
4.1. Subject to any other terms agreed in writing between us the Deposit is payable on submission of the Order Form. Following our acceptance of the order we shall send an invoice to you for the full price payable for the Goods, less the Deposit paid. We will not send the Goods for delivery until such time as payment has been made in full. If you do not cancel this contract in accordance with these Terms and fail to make payment of the balance within 30 days of the date of our invoice then we reserve the right to retain the full amount of the Deposit paid as a reasonable cancellation fee.
4.2. All payments made to us must be made in Pounds Sterling, subject to any written agreement to the contrary.
5.1. Where you have stated on the Order Form that you are arranging freight for the goods then the Goods shall be made available for your collection on the dates specified or agreed in writing between us.
5.2. Delivery of the Goods shall be made by us delivering the Goods (via a Carrier where applicable), to the location specified by you on the Order Form.
5.3. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed in writing. The Goods may be delivered by the Carrier in advance of the Delivery Date upon giving reasonable notice to the Customer.
5.4. We may be required to deliver the Goods in multiple shipments.
5.5. Our Carrier will attempt to leave the Goods in a suitable and safe place or with the marina or crew of your vessel in the event that you are not available to receive the delivery. If we are not able to do this then we will have the Goods returned to the Carrier’s depot or our premises whereupon we shall contact you to make alternative arrangements. You shall be liable for any additional delivery charges that we incur as a result.
5.6. If you wish to change the delivery location then you must notify us in writing. If Goods have already been shipped to the original address (or such subsequently agreed address) then you shall be liable for our Carrier’s charges for shipping to the new location. If the Goods have not been shipped then you will only be liable for any additional delivery charges as are applicable in sending the Goods to the new delivery location. Please note that we are under no obligation to accept the new delivery location and reserve the right to terminate this contract in the event that we are unable to deliver to the new location and you will be liable for payment to us of the Deposit as a cancellation charge (unless this occurs prior within the right to cancel period) plus any delivery charges that have been incurred by us.
5.7. The Goods shall be at your risk from the date of delivery.
6.1. You have a statutory right to a “cooling off” period. This period begins once the Contract has been made (the date that we accept your order) and ends 14 Calendar Days after the Goods have been delivered. If the Goods are delivered in instalments, the 14 Calendar Day period begins on the day that the you receive the final instalment.
6.2. If you wish to cancel the Contract within the cooling off period then you should inform us immediately by a clear statement (e.g. a letter sent by post, email to the email address specified in the Sales Literature or otherwise notified to you). You may use the Cancellation Form, but it is not obligatory.
6.3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
6.4. If you exercise the right to cancel you will receive a full refund of any amount paid in respect of the Contract, subject to the provisions of Clause 6.7.
6.5. We will refund money using the same method used to make the payment, unless we expressly agree otherwise.
6.6. Goods must be returned to us within 14 Calendar Days of the day on which you inform us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason.
6.7. Refunds will be issued no later than 14 Calendar Days after we receive the returned Goods and will include standard delivery charges. Additional costs such as express delivery and any additional delivery charges as a result of a change of delivery location will not be refunded. We will make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.8. Cancellation Notices shall be deemed served upon us:
6.8.1. In the case of a Cancellation Notice sent by post, at the time of posting; and
6.8.2. In the case of a Cancellation Notice sent electronically, on the day it is sent.
6.9. We will not make any refunds for Goods that have been customised by us for you at your request.
7.1. All written communication required under these Terms may be served in writing and sent by post or by email and sent to the following address:
7.2. These Terms contain the entire understanding and agreement between us and you in relation to your orders and supersede any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
7.3. Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
7.4. These Terms are governed and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.