Terms & Conditions of the sale
- The “Buyer” “you” Means the person who buys or agrees to buy Goods from the Seller.
- The “Seller” “we” “us” Means Chandleryshop.co.uk, Ferry View Estate, Horning, Norwich, Norfolk, NR12 8PT – A Trading Name of Boulter Marine Services.
- “Terms and Conditions” Means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
- “Order” Means the contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Terms and Conditions.
- “Goods” Means the goods (or any part of them) set out in the Order.
- A reference to writing or written includes faxes and e-mails.
Basis of Contract
- These Terms and Conditions govern the sale of Goods by the Seller to the Buyer. The Seller’s acceptance of the Order by delivery of the Goods constitutes a legally binding contract between the parties on these Terms and Conditions.
- All orders placed by the Buyer are on the basis of these Terms and Conditions and (except for orders containing bespoke/custom goods where 2.3 applies instead) are subject to acceptance by the Seller by delivery of the Goods to the Buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the Buyer’s Order does not constitute legal acceptance of the Order.
- For bespoke/custom orders receipt of payment constitutes legal acceptance of the order for both parties and is legally binding at which point a legally binding contract is constituted between the parties.
- These Terms and Conditions supersede all previous terms and conditions issued by the Seller and the Buyer agrees to be governed by them in all matters arising from the purchase of Goods from the Seller.
Price and Payment
- The price payable for the Goods is as set out on the Seller’s website at the time the Order is placed.
- Subject to clause 3.3, the Seller must receive payment for the whole of the price of the Goods ordered, and any applicable charges for packaging, insurance and delivery, before the Order can be accepted unless the Seller has agreed otherwise in advance in writing.
- Occasionally an error may occur and Goods may be incorrectly priced on the website, in such circumstances the Seller will not be obliged to supply the Goods at the incorrect price, but will inform the Buyer of the correct valid price to enable the Buyer to re-order.
Delivery and Title
- Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are or which become due to the Seller for sales of Goods to the Buyer.
- In the unlikely event that the Buyer has not received all the Goods within 48 hours of the expected date of delivery, the Buyer must notify the Seller immediately. In respect of delivery, time will not be of the essence.
- The Seller will endeavour to deliver the Goods in accordance with the Order within the stated delivery time. In the unlikely event that the Seller does not make the Goods available to the Buyer within 2 days of the Order the Seller will have the option of cancelling the Order by notifying the Buyer accordingly prior to delivery. Before placing the Order, please refer to the delivery options set out in the Seller’s website to ensure that delivery can be made to the Buyer’s address. A valid signature will be required on collection or delivery. The Seller reserves the right to choose to nominate the carrier. In the unlikely event that the Buyer has not received all the Goods within the stated delivery time, the Buyer must notify the Seller immediately. The Buyer must not schedule or commence any installation until after the Buyer has received the Order and checked all the Goods.
- While the Seller endeavors to hold sufficient stock to meet all orders, if the Seller has insufficient stock to supply or deliver the Goods the seller will contact the buyer and offer an alternative or refund to the Buyer the price paid for such Goods.
- Colour and finishes of some products may vary slightly.
Returns, Shortages, Damaged Goods & Cancellations
- The Seller will refund by the same method of payment used to purchase the Goods. The Buyer shall have the right to cancel the order provided the Buyer notifies the Seller in writing no later than 14 days after the day on which the Buyer receives the goods. The Seller should return full amount including standard delivery costs providing the Goods, including packaging, are in a re-sellable condition and providing goods are received by us no later than 14 days from the day after cancellation of the order.
The goods you can’t return
There are some goods you can’t return if you simply change your mind, including: tailor-made or personalized goods (eg special finishes or combinations)
What should you get back?
• The original cost of the outbound postage at our standard delivery charge (any additional costs for other delivery methods will not be refunded)
• For faulty goods we will provide you a label so you do not incur any cost in returning the goods. For other returns, we will refund the amount invoiced (less the additional cost of special carriage) but not the cost of freight to return the goods.
• In the unlikely event of the Order being supplied incomplete or Goods arriving damaged in transit the Buyer must notify the Seller in writing within 7 days of delivery.
• Further details on the procedure for returns are set out at the end of these Terms and Conditions.
- If the Buyer has notified the Seller of a problem with the Goods within 30 days of delivery, the Seller will (subject to clause 5) either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Buyer the amount paid by the Buyer for the Goods in question. This does not affect your statutory rights.
To the extent permitted by law, the Seller shall have no liability to pay any money to the Buyer by way of compensation other than any refund the Seller makes under these Terms and Conditions.
- To the extent permitted by law, the Seller’s liability to the Buyer shall not in any event include losses related to any business of the Buyer, such as loss of profits or business interruption; neither will the Seller be responsible to the Buyer for any other loss which is not a foreseeable consequence of the Seller being in breach of these Terms and Conditions or any loss of profit, loss of business, loss of goodwill, loss of savings, claims by third parties, loss of anticipated savings, indirect loss or consequential loss whatsoever and howsoever caused (even if caused by the Seller’s negligence and/or breach of contract and even if the Seller was advised that such loss would probably result).To the extent permitted by law, the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with this agreement shall not exceed the price of the Order.
- These Terms and Conditions do not affect your statutory rights.
- Goods are intended for use in the UK only and the Seller cannot confirm that the Goods comply with any laws, regulations or other standards applicable outside the UK. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.
- Subject to Clause 7.3, the Seller will not be responsible to the Buyer or, in the event that the Buyer is undertaking work for another person, to any other person, for the use or installation of any Goods by the Buyer. Accordingly, if the Buyer is a trade customer, to the extent permitted by law, the Buyer hereby agrees to hold the Seller harmless, and indemnify the Seller against any liability associated with, any claim or allegation that the Seller is responsible for any failings in the installation or use of Goods that the Seller supplies.
- In the event that the Seller is prevented or delayed from carrying out its obligations under this agreement as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lockouts, flood and failure of third parties to deliver Goods, the Seller shall be relieved of its obligations and liabilities under such agreement for as long as such fulfilment is prevented.
- If any provision of these Terms and Conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to the Buyer) that provision shall, to the extent required, be deemed to be deleted and the validity, legality or enforceability of any other part of these Terms and Conditions will not be affected.
- Where any terms or conditions may be valid by the inclusion or exclusion of one or more conditions it will be considered that those amendments have taken place with the minimum modification necessary.
- This contract and any dispute or claim arising out of or in connection with it shall be governed by and interpreted in accordance with English law, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- Save for fraud, these Terms and Conditions constitute the entire agreement between the parties and the Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order. Save for fraud, these Terms and Conditions constitute the entire agreement between the parties and the Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order.
- A person who is not a party to the contract shall not have any rights under or in connection with it.
- The Seller will retain and use the Buyers personal data for the purpose of advertising, marketing and its administration in accordance with the Data Protection Act 1998 unless you notify the Seller in writing otherwise. Customer details will only be shared between our own groups of companies. (chandleryshop.co.uk, Norfolk Broads Recovery Service and Boulter Marine Services)
- Drawings, photographs, part numbers, layout and style are all considered the property of the Seller. Reproduction in whole, or in part, is strictly prohibited without prior written permission of the Seller. Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.