(a) read these standard terms of business before placing an order;
(b) retain a copy for your records; and
(c) read our privacy
1. INFORMATION ABOUT US www.belfast-maritime.com is a site operated by Lagan Boat Company (NI) Ltd. We are registered in Northern Ireland under company number NIxxxx and our registered business address is located at -: Unit 5, OBEL, 66 Donegall Quay, Belfast BT1 3NL. Our VAT number is 782934588.
2. YOUR STATUS By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts
(b) You are at least 18 years old.
3. THE SALE OF GOODS
These terms and the order are considered by us to set out the whole agreement between you and us for the sale of goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. If you think there is a mistake, please make sure you contact us for clarification and ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by ourselves.
3.1 After placing an order, you will receive an e-mail from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Your order constitutes a request to us to purchase a product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you e-mail confirmation that the product has been dispatched (the dispatch confirmation). The contract between us will only be formed when we send you the dispatch confirmation.
3.2 The contract will relate only to those products for which we have sent the dispatch confirmation.
4. CONSUMER RIGHTS
4.1 You may cancel the contract at any time within seven working days, beginning on the day after you receive the products. In this case, you will receive a refund for the sum paid for the products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right to pursue you for compensation.
5. AVAILABILITY AND DISPATCH We will endeavour to fulfil order dispatch by the estimated dispatch date set out in the dispatch confirmation or, if no date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The products will be at your risk from the time of delivery.
6.2 Ownership of the products will only pass to you when we receive full payment of all monies due in respect of the products ordered and any applicable delivery charges.
7. PRICE AND PAYMENT
7.1 The Sterling price of any product will be as quoted on our site except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount and are calculated automatically through the ordering process, unless other specified. If this is the case, you will be contacted regarding delivery options and prices and your written approval and payment sought prior to despatch.
7.3 Prices are liable to change at any time, but changes will not affect orders for which a dispatch confirmation email has already been sent.
7.4 Our site contains a large number of exclusive products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced or not available. 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.
7.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.
7.6 Payment for all products must be made by credit or debit card. We accept payment by Visa, Visa Debit, Visa Electron, AMEX, Mastercard & Maestro.
8. OUR REFUNDS POLICY
8.1 When you return a Product to us: (a) because you have cancelled the contract between us within the seven-day cooling-off period (see clause 4.1), goods will be refunded. and you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit. In this case, we will refund the price of the product(s) in full (including the cost of sending the item to you) as soon as possible and, in any case, within 30 days from the day you notify us of your cancellation. However, you will be responsible for the cost of returning the item to us and we will not accept responsibility for returns that do not reach us. (b) for any other reason (for instance, because you have notified us that you do not agree with our terms and conditions or any of our policies, or because you claim that the product(s) is defective), we will examine the returned product(s) and will send you email notification when your refund has been processed. We will process the refund due to you as promptly as possible and, in any case, within 30 days from the e-mail confirmation date. Returned defective products will be refunded in full, including the initial postage cost on your order (if applicable) and the cost incurred by you for the product return.
8.2 We will refund any monies owed to the card you used when making your online purchase.
8.3 All goods returned to us must include a note of your order number and contact details.
9. OUR LIABILITY
9.1 We warrant to you that any product (not necessarily new) purchased through our site is of satisfactory quality and reasonably fit for the purpose for which products of its kind are commonly intended., any defects will be noted on the product description.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price paid for the product.
9.3 This does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause shall not prevent claims for loss of or damage to your tangible property.
10. IMPORT DUTY
10.1 If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable if you breach any of these laws.
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.
All notices communicated by you to us must be in writing and sent to Belfast-Maritime, c/o Lagan Boat company NI Ltd. We may give notice to you via either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. 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 the e-mail was sent to the e-mail address specified by the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding.
13.2 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.
13.3 We may transfer, assign, charge, sub-contract or 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
4.1 We will not be liable or responsible for any failure to perform, or any delay in performance of our obligations under a contract that is caused by events outside our reasonable control (a force majeure event).
14.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 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.
15.1 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 and conditions, 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions 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
17.1 These terms and conditions 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.
17.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking, promise or implication given by the other in spoken or written negotiations between us prior to such contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions 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.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 any change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt 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 the law of Northern Ireland. 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 Northern Ireland.
Lagan Boat Company (we) are committed to protecting and respecting your privacy. This policy (together with our terms & conditions and any other documents referenced) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following information carefully as it explains our practices with regards to your personal data and how we treat it. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Lagan Boat Company NI Ltd. Unit 5, OBEL, 66 Donegall Quay, Belfast BT1 3NL.
1. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
(a) Information that you provide by filling in forms on our site www.belfast -maritime.com or www.laganboatcompany.com. This includes information provided at the time of registering on our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
(b) If you contact us, we may keep a record of that correspondence.
(c) We may also ask you to complete surveys that we use for research purposes, although you are not obliged to respond to them.
(d) Details of orders you place on our site.
(e) Details of your visits to our site including, but not limited to, traffic data, location data, resources that you access, weblogs and other communication data, whether this is required for our own billing purposes or otherwise.
2. IP ADDRESSES AND COOKIES
We may collect information about your computer, including (where available) your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:
(a) Estimate our audience size and usage pattern.
(b) Store information about your preferences and so allow us to customise our site according to your individual interests.
(c) Speed up your searches.
(d) Recognise you when you return to our site.
3. WHERE WE STORE YOUR PERSONAL DATA
3.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information we will use strict procedures and security measures to try to prevent unauthorised access to this data.
4. USES MADE OF THE INFORMATION
4.1 We use information held about you in the following ways:
(a) To ensure that content from our site is presented in the most effective manner for you and for your computer.
(b) To provide you with information, products or services that you request from us or which we feel may be of interest you, where you have consented to be contacted for such purposes.
(c) To carry out our obligations arising from any contracts entered into between you and us.
(d) To allow you to participate in interactive features of our service whenever you choose to do so.
(e) To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by e-mail, post or telephone.
4.2 If you are an existing customer, we will only contact you by e-mail with information about goods and services similar to those which were the subject of your previous orders.
4.3 If you are a new customer we will only contact you by e-mail for marketing purposes if you have consented to this. If you do not want us to use your data in this way please tick the relevant box when registering on our site. You can also change this option by selecting to update your personal details when you log into the site. We do not disclose information about identifiable individuals to others.
5. DISCLOSURE OF YOUR INFORMATION
5.1 We may disclose your personal information to our Company, as defined in section 1159 of the Companies Act 2006.v 5.2 We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If Lagan Boat Company NI Ltd are acquired by a third party, in which case personal data held about its customers will be one of the transferred assets.
6. YOUR RIGHTS
You have the right to request that we do not use your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking the relevant boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at www.maritime-belfast.com. Our site may contain links to and from the websites of other networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7. ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.