Terms and Conditions
Terms & Conditions of Sale
1. APPLICATION
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.smrmarine.co.uk (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
Please note that if you make a contract with a third party who is named or referred to on our site, you should ensure that you are happy with the terms of that contract and take legal advice if necessary.
2. INFORMATION ABOUT US
We are SMR Marine Limited (SMR or we or us), registered in England number 07327811, VAT No. GB 120 0769 53. Our Registered office address is: Trendlewood, Ditchling Common, West Sussex RH15 0SE. Our postal address for all correspondence about your order is as follows: SMR Customer Service Department, 1a East Lockside, Brighton Marina, Brighton BN2 5UG.
3. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not currently accept orders from outside of the United Kingdom.
4. YOUR STATUS
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in the United Kingdom.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You can order Products from us at any time at www.smrmarine.co.uk. You can also order Products from us by phone on 01273 690696; our lines are open Monday to Friday 0830hours to 1730hours (excluding Bank Holidays).
Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been successfully ordered (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
If the Products that you have ordered are no longer available, we may offer you substituted goods of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. If you do not want to keep the substituted Products within a reasonable time frame from delivery you can cancel your order and we will arrange collection of such substituted Products from you.
6. DELIVERY
We shall endeavour to inform you of estimated delivery dates when you place an order. The estimated delivery timescales for the Products shall be indicated on our site.
Delivery times are between 8.00am and 6.00pm and we cannot specify an exact time when we will deliver. The delivery driver needs to obtain a signature for all Products and if you are unavailable to accept delivery, the Products may be left with a neighbour if they are willing to sign for them. Please note that Products cannot be left in porches, sheds or other places outside of the home. Most deliveries are attempted twice and the driver will leave a card stating when delivery will be re-attempted or if the Products have been left with a neighbour, or if the Products are available to be collected from your local delivery office.
Please note we cannot deliver to Hotels, PO Boxes or BFPO addresses.
Carriage
Standard Carriage Charges
Carriage to England and Wales addresses, including VAT, is:
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Jiffy bags up to 1Kg |
£3.95 |
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1 – 10 Kg |
£6.95 |
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10 – 25 Kg |
£9.95 |
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Over 25 Kg |
Call 01273 690696 |
Carriage to Lowlands of Scotland addresses, including VAT, is:
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Jiffy bags up to 1Kg |
£3.95 |
||
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1 – 10 Kg |
£7.95 |
||
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10 – 25 Kg |
£10.95 |
||
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Over 25 Kg |
Call 01273 690696 |
Carriage to Highlands and Islands of Scotland, including VAT, is:
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Jiffy bags up to 1Kg |
£3.95 |
||
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1 – 10 Kg |
£8.95 |
||
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10 – 25 Kg |
£12.95 |
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Over 25 Kg |
Call 01273 690696 |
For deliveries to Europe and the Rest of the World and any other queries please contact our customer services team on 01273 690696 or at websales@smrmarine.eu
Our free carriage offer
If your order, including VAT, exceeds £100 and is not subject to the restrictions set out below, then carriage will be free.
- Your shipping address needs to be within England & Wales.The offer excludes electronics items and hazardous products including antifouling/paint, distress flares, liferafts, batteries and some cleaning products.
- The offer is valid for orders up to 25 Kg and 2m overall length.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including carriage charges.
8. PRICE AND PAYMENT
The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include VAT but exclude carriage costs (see above), which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment by the following credit and debit cards: Visa, MasterCard, Solo and Maestro.
Please note that you must pay for the Products at the time you place your order. If you choose to pay by credit or debit card, SMR has chosen Sagepay to provide PCI compliant secure payment services and the transaction will go through the Sagepay website.
No credit or debit card information is provided to SMR and completion of the transaction will be subject to you agreeing to Sagepays’s terms and conditions as a separate contractual relationship is created between you and Sagepay. Please ensure that you are happy to agree to Sagepay's terms and conditions before choosing to pay by credit or debit card. If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.
9. WARRANTY AND LIABILITY
We warrant to you that any Products purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which products of such kind are commonly supplied.
Warranty in relation to Products manufactured by us
We warrant that Products manufactured by us will be free from defects in material and workmanship for a period of one year from the date of delivery.
If you notify SMR of a valid claim for a breach of the above warranty within a one year period, SMR will either replace or repair the Product or refund the price that you paid for the Product (at SMR's discretion). This one year warranty does not extend to Products not manufactured by SMR. For such Products you will be entitled to the benefit of any applicable manufacturer's warranty or guarantee (see below).
Warranty in relation to Products not manufactured by us
In the event that you purchased Products that were not manufactured by SMR and you are acting for your own personal and non business use and you have discovered that such Product is faulty within a reasonable timeframe from delivery by us, you can either contact the manufacturer of such Product and organise for the manufacturer to repair/replace/reimburse you for such faulty Product or you can notify us so that we can collect such faulty Product and arrange for a replacement/repair or refund of the price that you paid for the faulty Product.
Please note that for faulty Products not manufactured by us, we advise you to contact the manufacturer since you may be entitled to the benefit of any applicable manufacturer's warranty or guarantee.
Our Liability
Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Product that you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Notwithstanding anything else in these Terms, nothing in these Terms excludes or limits in any way our liability to you:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Please note that when you enter into a contract with a third party seller/supplier through our site, including with Sagepay (for example if you decide to pay by credit or debit card), the seller/supplier's individual liability will be set out in their terms and conditions.
10. OUR RETURNS POLICY
Your rights in relation to faulty Products are set out above in Condition 9.
You are entitled to cancel the contract, providing you act within 7 working days of receipt of the goods. You have the right to cancel this Contract in relation to non-faulty Products (other than in relation to Products that are made to order, personalised or perishable or other Products which we have reasonably specified as non-returnable, which are non-returnable at any time) and receive a refund from us.
If you are not entirely happy with a product that you have received you may notify us of your intention to return this to us within 21 calendar days, starting on the day after the Products are delivered to you. No products will be accepted for return after 28 days from being delivered.
If you choose to return a product then you must do so at your cost. We advise you to ensure that the Products are adequately insured and that you take reasonable care of the Products whilst they are in your possession. Please note that we will cover the cost of you returning any Products that we may have provided as a substitute for Products that you have ordered or any faulty Products returned to us pursuant to Condition 9.
In relation to non faulty Products that have been returned to us, once the Products have been received back into our warehouse and their condition checked, you will receive a full refund for these items. If they are not in a suitable condition (as determined by us acting reasonably), we reserve the right to charge you for breach of your statutory duty to take reasonable care. Damaged or Missing Items
If any items are damaged or missing from your order, please contact us within 3 working days of your delivery on 01273 668901.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to SMR at Customer Service Department, 1a East Lockside, Brighton Marina, Brighton BN2 5UG. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
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.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we 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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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