Terms of Sale
You will be asked to agree to these Terms of Sale before ordering Products or Downloads from this Site. Please read them carefully.
In order to indicate your acceptance of these Terms of Sale, you must tick the appropriate check box during the order process.
(1) Definitions and interpretation
In this Agreement "we" means Trafalgar Marine Services Limited, and "us" and "our" shall be construed accordingly; and "you" means our customer for Products or Downloads, and "your" shall be construed accordingly.
In this Agreement, the following definitions shall apply:
"Acknowledgement" means the email acknowledgement which we will send to you after receiving your Order;
"Agreement" means any agreement between us and you for the sale and purchase of Products or Downloads incorporating these Terms of Sale;
"Downloads" means downloads which may be purchased by you from the Site;
"Order" means your order for Products or Downloads made via the Site;
"Products" means goods which may be purchased by you from the Site; and
"Site" means the website at www.trafalgarmarineservices.co.uk and any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products and Downloads on the Site constitutes an "invitation to treat"; and your Order for Products or Downloads constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order by sending you an Acknowledgement.
Orders may be sent to us via the Site or (if you have an account with us) by fax, telephone, email or post.
To submit an Order for Products or Downloads via the Site, you will need to take the following steps: (i) complete the Order form on the Site; (ii) confirm that the information you have submitted on the Site is correct; (iii) enter payment details and related information on the SagePay website; and (iv) confirm that the information you have submitted on the SagePay website is correct and that payment should be made.
We will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
We may cancel an Agreement by giving you written notice of cancellation if, despite our reasonable efforts, we are unable to provide you with the Product you have ordered. If we cancel an Agreement on this basis, we will notify you as soon as practicable and refund to you any amounts paid in respect of the Product (including any delivery charges).
Please note that day boat hire services are subject to separate terms and conditions.
(3) About us
Our full name is Trafalgar Marine Services Limited. Our principal place of business is at Victoria Works, Woodside Street, New Mills, High Peak, Derbyshire SK22 3HF. whilst our registered office is at 45 Union Road, New Mills, High Peak, Derbyshire SK22 3EL. Our company registration number is 04817671. Our email address is firstname.lastname@example.org. Our VAT number is 815810049.
Prices for Products and Downloads may be quoted on the Site. The Site contains a large number of Products and Downloads and it is always possible that some of them may be incorrectly priced. We will verify prices as part of our sale procedures so that a correct price will be stated when you pay for the Product.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product. No delivery charge will be payable in respect of Downloads.
The prices on the Site include any UK value added or sales taxes (where applicable).
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
Payment in respect of a Product or Download must be made immediately at the time of your Order unless we agree otherwise. We may withhold the Products and Downloads and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
Payment for all Products must be made in advance through our payment services provider (SagePay) by credit or debit card, subject to the paragraph below.
We may from time to time in our absolute discretion set up a customer account which will enable a customer to issue Orders, and we will invoice for the price in respect of each Order on or at any time after receipt of that Order, and you will pay any such invoices within 30 days following the date of the invoice (or on such other terms as we may agree from time to time). Customer accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.
(6) Delivery of Products
Unless agreed otherwise, we will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to dispatch Products on the next working day after we receive your Order (providing it is received before 2pm). However, we cannot guarantee this, particularly where the relevant Product is not in stock or the Order is large. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Acknowledgement.
We will only deliver Products to the British mainland, the Northern Ireland mainland, the principal Isles of Scilly and the Isle of Man.
In the event that we agree a delivery date with you, that delivery date will not be of the essence of our agreement, and we will not be liable in respect of any losses arising out of any failure to delivery the Products on that date.
(7) Risk and title
Risk in the Products will pass to you upon delivery.
Title to the Products (both legal and equitable) will pass from us to you upon the later of: (i) delivery; and (ii) receipt by us of all amounts due from you.
Until title to the Products has passed to you: (i) you will possess the Products as our fiduciary agent and bailee; (ii) you will store the Products separately from other goods, in a secure, safe, dry and clean environment, ensure that the Products are clearly identifiable as belonging to us, (iii) not destroy, deface or obscure any identifying mark on the Products or their packaging, (iv) ensure that no charge, lien or other encumbrance is created over the Products; and (v) deliver up the Products to us upon demand.
We shall be entitled without further notice to recover possession of any Products to which we retain title, and for that purpose to enter your premises where such Products may be situated without prejudice to any other rights that we may have.
You grants to us and our employees and agents an irrevocable licence to enter at any time any premises where the Products are or may be situated for the purpose of inspecting or removing any such Products the title in which has remained with us.
We may maintain an action for the price of the Products notwithstanding that title to them has not passed to you.
You may resell, use or otherwise dispose of the Products before title has passed to you only if any such sale, use or disposition will be effected in the ordinary course of your business and shall be a sale, use or disposition of our property on your own behalf and you shall deal as principal. We shall be legally and beneficially entitled to the proceeds of sale of the Products which shall be paid forthwith to us in satisfaction of the sums owing or until such time shall be held in trust for us and shall not be mixed with other money or paid into an overdrawn bank account and shall be at all material times identified as our money.
(8) Download licence
We or our licensors own the intellectual property rights in the Downloads. Subject to the licence below, all these intellectual property rights are reserved.
You may download and view purchased Downloads on your personal computer, make copies of each purchased Download on your PDA or ebook reader, and print copies of purchased Downloads, subject to the restrictions below.
You must not: (i) republish Downloads (including republication on another website); (ii) sell, rent or sub-license Downloads; (iii) reproduce, duplicate, copy or otherwise exploit Downloads for a commercial purpose; (iv) edit or otherwise modify any Downloads; or (v) redistribute Downloads.
All copies of the Downloads must retain all trade marks, proprietary notices and copyright notices that appear on the original copies of the Downloads.
(9) Consumer rights
You acknowledge that some of the Products are made to our customers' specification or are clearly personalised, and accordingly that the statutory rights consumers usually have to cancel contracts entered into at a distance will not usually apply to purchases of such Products from the Site.
If you enter into this Agreement as a consumer, you may: (i) insofar as the Agreement relates to Products that are not made to your specification and are not clearly personalised, cancel this Agreement at any time within 7 working days after the day you received the Products; and (ii) insofar as the Agreement relates to Downloads, cancel this Agreement at any time within 7 working days after the day you received access to the relevant Downloads, providing you have not actually downloaded the relevant Downloads (subject in each case to the limitations set out below).
If you cancel this Agreement on this basis, you must inform us in writing and (where this Agreement relates to Products) return the Products to us immediately, in the same condition in which you received them. Products returned by you in this way will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not return the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.
(10) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product.
If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the UK or Ireland; you (where you are a natural person) are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products and receive the Downloads as contemplated in this Agreement.
Subject to the warranties set out above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products and Downloads, whether express or implied.
(14) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product or Download purchased through our Site is strictly limited to the higher of the purchase price of the relevant Product or Download and the replacement cost of the relevant Product or Download; (ii) we accept no liability for any 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 or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(15) General terms
Images on the Site are for illustrative purposes; actual Products and Downloads may differ from such images.
We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. This Agreement may only be varied by an instrument in writing signed by both you and us.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time - providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.