Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Pro Marine Store Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Pro Marine Store Ltd.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time. This includes the right to cancel an order for any reason we see fit. We are under no obligation to disclose the reason for the cancelled order.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
18a. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
18b. Where you have selected our “next day” delivery service your order will be dispatched with the intention that it's delivered one working day after dispatch (weekends excluded). Sometimes, if the order is placed in the afternoon and our couriers have already visited for the day, your order will be dispatched the very next day. Thus, although you have selected 'next-day' delivery, your order may arrive with you 2 days after your order.
18c. Orders received before 3pm Monday to Friday will be despatched the same day provided we have your items in stock. Items ordered after 2pm Friday and over a weekend will be despatched Monday. Items despatched on Friday are for delivery the following week. Items ordered over a Bank Holiday will be despatched the next working day. The Pro Marine Store web site is constantly updated but demand is high and we occasionally run out of stock on popular items. If, for this reason, we cannot despatch your order we will contact you with a revised despatch date.
18d. If we have dispatched your products to our carriers in accordance with our obligations then we have complied with our obligations. If your order does not arrive the next day please do contact us and we will do our best to determine why the order has not been delivered but we will not be liable to you for any costs or losses due to the late delivery.
18e. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us, or a nominated third party, and the Products will be your responsibility from that time. All orders must be signed for upon receipt and cannot be left without a signature.
19a. There are restrictions on some Products for certain International Delivery Destinations, so please contact us before you order if you are unsure.
19b. Please note next day service is not available for international orders.
19c. If you order Products from our site for delivery to an International Destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
19d. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
20a. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
20b. All orders leave our facilities in perfect condition. This includes both the product, and the packaging. At the point of delivery, the responsibility of acceptance of the delivery lies with the person signing for delivery. This may or may not be the person who made the order. Any damage to packaging which may infer damage to the product must be brought to the attention of the delivery agent. At this point, if the package is then signed for, the order is deemed satisfactory and complete, and no liability of damaged goods shall be held with us. If it is deemed that the product and/or its packaging has been damaged in transit, the delivery MUST be rejected, and not signed for. In this case, it will be returned to us for inspection. If you believe this to be the case for you, you must contact us immediately via firstname.lastname@example.org. To help us expedite the process, we request that photos of the damage in question be also sent to us at the point of initial contact, so we can most quickly understand the cause, and remedy the situation forthwith. For the avoidance of any doubt, if the order is signed for by anybody at the delivery address, the order is deemed complete and no subsequent complaint of damage on arrival will be accepted. This does not affect your consumer right to return the order if you change your mind, within 14 working days of delivery.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
Orders over £250 cannot be taken over the phone due to the risk of fraud. If the order values exceeds this we will normally ask for the payment to be made via our website online payments portal, or via a custom produced electronic invoice.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.