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This site is owned by Vantage Sailing Limited (hereafter THE MERCHANT) and registered in England, Registration No. 8055532 with registered address at 27 Cooling Road, High Halstow, Rochester, Kent. ME3 8SA. (hereafter THE MERCHANT ADDRESS), and email address at vantagesailing@btinternet.com.
Purpose These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer. Order ConfirmationAll contractual information will be confirmed by email to the address specified by the customer during the purchasing act. Proof of Transaction The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. Product Information Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual. Validity Period of Offer and Prices Our offers and prices are valid for the day the site is consulted and are subject to change without notice. Delivery Terms Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. Loss or Damage in Transit THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery. Delivery Errors The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order. Warranty The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods. In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product. All products sold on THE MERCHANT SITE are under a one (1) year warranty against faulty manufacture. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty. Right to Withdrawal In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio). Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer. If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days. Right of Use The use of any trademarks, logos or brands present on the site is strictly forbidden. Force Majeure Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks. Partial Invalidity These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court. Non-Waiver No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof. This Website uses etracker technology (www.etracker.de) by which anonymous data is collected and saved for marketing and optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor persoinally and is not aggregated with any personalised data. The collection and storage of data may be refused at any time, with effect for the future. We do not store credit card details nor do we share financial details with any 3rd parties. You can view the sagePay Security Policy by following this link - http://www.sagepay.co.uk/policies/security-policy Data Protection All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent JurisdictionIn form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions. In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts. |