This tells you the terms and conditions (the “Conditions”) upon which we will sell the Goods listed on our Website to you. Before confirming your order please read through these Conditions and in particular our cancellations and returns policy. By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
1. About us
1.1. This website is owned and operated by 1851 Marine Trust, a charity registered in England and Wales number 1158670 having our registered office at The Camber, East Street, Portsmouth, Hampshire, PO1 2JJ.
1.2. Goods sold through this Website are sold by Stem Crew Ltd, which is a trading subsidiary of the 1851 Marine Trust registered in England and Wales with company number 10009114 and VAT Registration Number 238255792 (together with 1851 Marine Trust, referred to as “we”, “us” or “our”).
2.1. This Website is intended only for use by customers resident in England, Wales, Scotland and Northern Ireland (The United Kingdom). We do not accept orders for goods from individuals located outside the United Kingdom.
2.2. To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over.
3.1. The prices of the Goods are quoted on the order page and are based on delivery of the Goods in the United Kingdom and include VAT (unless otherwise stated).
3.2. Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods are based on delivery of the Goods in the United Kingdom unless otherwise specified and will be shown separately on the order page and added to the amount payable by you.
4.1. Payment can be made by credit or debit card only or by using a PayPal account.
4.2. By placing an order, you consent to payment being charged to your credit or debit card account or PayPal account as provided on the order form.
4.3. If you pay us by credit or debit card or PayPal account we will take payment from your card or PayPal account for the Goods as soon as you place your order.
5. Order process and formation of a contract
5.1. Our Website merely illustrates our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.
5.2. All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
5.3. If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
5.4. Any order placed by you for the Goods constitutes an offer to purchase them from us.
5.5. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.
5.6. A ‘Confirmation Notice’ means an email which we send to you to confirm that we have dispatched the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
5.7. A contract between you and us for the supply of the Goods (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
5.8. If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
5.9. We may make (i) minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements, (ii) changes to these Conditions as a result of changes in any relevant laws and regulatory requirements, (iii) changes to these Conditions as a result of changes in how we accept payment from you, (iv) changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
5.10. If we make any changes in accordance with clause we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.
6.1. The Goods will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card if you have paid by card. The Goods will be at your risk from the time of delivery.
6.2. Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside our Control.
6.3. You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
7. Cancelling your Contract and returns
7.1. You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice, or any time between the date we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods.
7.2. You may notify us of your decision to cancel by contacting us by telephone on 01489 587852 or by sending us by email to email@example.com or by post to The Camber, East Street, Portsmouth, Hampshire, PO1 2JJ including a statement that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number.
7.3. Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods, if already delivered, and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.
7.4. You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return.
7.5. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
7.6. So long as you are entitled to cancel and have complied with your obligations under this clause, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting any reduction in the value of the Goods.
7.7. We will refund you the sum due within 14 days after the earlier of the day on which we receive the Goods back from you, or the day on which you supply evidence to us that you have sent the Goods back to us.
7.8. We will refund you the sum due using the same method of payment used by you, unless you agree to a refund by a different method of payment.
7.9. You will not have a right to cancel in the following situations: (i) the Contract is for goods which are bespoke or have been personalised or which may deteriorate, (ii) the Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us by telephone on 01489 587852, by email at firstname.lastname@example.org or by post at The Camber, East Street, Portsmouth, Hampshire, PO1 2JJ.
9. Liability and indemnity
9.1. We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that (i) the Goods are as described in the contract and (ii) the Goods are fit for any purpose you specifically told us they were required for, and are not faulty
9.2. We cannot exclude or limit our responsibility to you for: (i) death or personal injury resulting from our negligence or the negligence of our employees, (ii) fraud or fraudulent misrepresentation, (iii) a claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
9.3. We are not responsible for unforeseeable losses and if you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
9.4. We will not be responsible for any delay in delivering the Goods if (i) we have asked you to provide specified information that is necessary for delivering the Goods and (ii) you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
10. Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
11. Events outside our control
11.1. Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (“Event Outside Our Control”).
11.2. We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
11.3. We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
11.4. Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
11.5. You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
12. Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to: (i) supply the Goods and Services to you, (ii) carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements, (iii) transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or PayPal, (iv) validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies, and (v) inform you of similar Goods we provide and of the activities we promote and undertake, but you may contact us at any time to request that we stop informing you of these.
13. Other important terms
13.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
13.2. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
13.3. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
13.4. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13.5. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it 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 your obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
13.6. These Conditions and the Contract are governed by the laws of England and Wales.
13.7. You can bring legal proceedings in respect of the Goods in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the courts of Northern Ireland or England and Wales.
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