Terms & Conditions
This Agreement is made by and between the owner of this site, On Your Boat Ltd., a company duly organised and existing under the laws of United Kingdom and the user of this site. (“USER”).
Service
This site is provided to USER for informational purposes and as a way for the USER to order goods and services offered by On Your Boat Ltd.
USER agrees that On You Boat Ltd. shall have the right at any time and without prior notice to change these terms & conditions, make modifications, alterations and updates to the site discontinue any product, or service and change any charges related to the use of the site. By using the site or downloading materials from the site, USER agrees to abide by the terms and conditions set forth in this Agreement.
USER accepts the responsibility to review these terms & conditions when using the site, and the continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations, or updates.
2. Usage
On Your Boat Ltd. has no duty or obligation to verify the identity of a USER and may assume, without independent investigation, that any person who logs on to this site using a USER’S ID and Password (if applicable) does so with the consent and approval of the USER. USER is responsible for maintaining the confidentiality of the login ID and password.
When purchasing the items described on the site, USERS may be required to supply additional information, including but not limited to credit card or other payment information, personally identifying information (such as name, address, and telephone number), and third parties’ shipping information. USER agrees that all information that is provided to On Your Boat Ltd. will be accurate and complete.
USER agrees to pay all charges incurred by credit card or other payment method at the prices in effect when such charges are incurred. USER will also be responsible for paying any applicable taxes relating to USERS purchases.
When USER submits orders for processing, such information and materials will be treated in accordance with this Agreement and additional terms and conditions governing the processing and fulfilment of USERS orders through the site, which will be displayed during the ordering process.
3. Order Acceptance
The receipt of an e-mail order receipt from On Your Boat Ltd. does not constitute the acceptance of an order or a confirmation of an order to sell. On Your Boat Ltd. reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No contract is formed between USER and On Your Boat Ltd. until On Your Boat Ltd. exercises the authorisation to charge USERS credit card and begins to process the order.
4. Discontinued withdrawn Products & Product Pricing
Where a USER purchases an item from our store which without On Your Boat Ltd.’s prior knowledge the manufacturer or its agent has withdrawn, discontinued or increased its pricing. On Your Boat shall be under no obligation to source or supply the item at the price shown.
In these circumstances On Your Boat Ltd shall contact the USER to make them
aware of the specific issue. At this time, we shall, where possible, offer alternative products or solutions. However, should no suitable alternative be available the USER shall be refunded in full for the items we can no longer supply. Where the product or service forms part of a larger order the USER can choose at this time to accept delivery of the available products or to cancel the complete order. For details of how we process Refunds please click here
Because this site is viewable internationally, USER accepts that not all products and services mentioned will be available in USERS country.
5. Code of Conduct
USER acknowledges that USER will not upload, submit or otherwise transmit to the website, materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; User-provided materials that are not lawfully its own to transmit; User-provided materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of a person or entity; User-provided materials containing software viruses or other harmful computer code; or User-provided materials that in any way interfere with or disrupt the Service or any servers or networks connected to the Service (any of the foregoing, “Infringing Materials”).
While using the site, USER agrees to comply with all applicable laws, rules, and regulations.
Verification of information may be required prior to the acceptance by On Your Boat Ltd. of any order. Price and availability of any product or services are subject to change without notice.
If USER has reason to believe that USERS account with On Your Boat Ltd. is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your login ID or password), you must promptly change the password to minimise the potential for unauthorised changes to or use of USERS account or personal information.
6. Ownership of Copyright
All content included on this site, such as graphics, logos, trademarks, trade names, button icons, images, sounds software and other material (collectively called the “Content”), and the collection, arrangement, and assembly of the Content, is the worldwide property of or licensed by On Your Boat Ltd. and is protected by U.K. and international copyright laws.
The Content on all pages of the website may not be used by USER, or any other person or entity, or for any other purpose. USER does not receive any copyright rights to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed, or otherwise transferred by USER or any third parties. Under no circumstances is any Content “works made for hire”.
The USER does not have and shall not acquire by use pursuant to this Agreement, any ownership or other interest by or to the Content, except the right and license to use the Content as authorised by On Your Boat Ltd. and in all circumstances subject in all respect to the terms of this Agreement
7. Trademarks
The USER does not have and shall not acquire by use pursuant to this agreement, any ownership or other interest by or to the Trademarks, except the right and license to use the Trademarks as authorised by On Your Boat Ltd. and in all circumstances subject in all respect to the terms of this agreement.
8. Limitation of Liability
8.1 In no event will On Your Boat Ltd. or its affiliates, subsidiaries, suppliers or service providers be liable for nor make any adjustment, refund or credit of any kind for
Any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, delayed delivery, failed delivery, misinformation, other direct or indirect damages, to the extent caused by or resulting from: USERS acts, defaults or omissions;
USERS violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Viruses or other forms of harmful code that are not detected or removed using On Your Boat Ltd. standard virus-detection procedures;
Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
Loss, corruption or irretrievability of, or damage to, USERS personal information, User-provided materials or information regarding the Printed Products used or stored by On Your Boat Ltd.
USERS failure to provide an accurate shipping address or other information that USER is asked to provide in connection with the provision of services;
Acts, defaults or omissions of any person or entity other than On Your Boat Ltd., including On Your Boat Ltd.’s compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
On Your Boat Ltd. inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
On Your Boat Ltd. failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
On Your Boat Ltd. failure to notify USER of any delay, loss or damage in connection with USERS Printed Product or shipment or any inaccuracy in such notice;
On Your Boat Ltd. provision of advice, assistance or guidance on this site does not constitute acceptance of liability; or If a shipment containing USERS material is refused by the recipient, or is damaged, the shipment will be returned to USER if possible. If USER refuses to accept the returned shipment or it cannot be returned because of damage, USER will be responsible for and will reimburse On Your Boat Ltd. for all costs and fees of any type connected with the return shipment and legal disposal of the shipment;
On Your Boat Ltd. does not guarantee the shipment, and delivery services offered on this site. In particular, On Your Boat Ltd. does not guarantee the timely delivery of time-sensitive products.
Please note that On Your Boat Ltd. does not provide insurance of any kind, nor do we permit you to assign a declared value to any product or service, including shipping services.
8.2 At our option, we will either refund or credit the charges USER actually paid for the Services (including shipping charges, if applicable) upon USERS request if we fail to properly ship the products, subject to limitations described in Section entitled “Limitations and Disclaimers”. In order to qualify for a refund or credit due to Service Failure, the following limitations apply:
To obtain a refund or credit, at On Your Boat Ltd. USER must notify On Your Boat Ltd. within Ten (10) days of the date of invoice for any claim related to damage during shipping or non-delivery of a product if the shipping services are provided through On Your Boat Ltd.
In the case of a claim concerning any non-delivery, damaged shipment or other shipping-related claim, USER must retain all original shipping containers, packaging and contents and make the foregoing items available for On Your Boat Ltd. inspection.
A service failure will not be deemed to have occurred if within 30 calendar days after USER notifies On Your Boat Ltd., On Your Boat Ltd. provide USER with:
a) Proof of timely delivery, consisting of the date and time of delivery and name of t he person who signed for the shipment or signature release information;
Or
b) Service exception information reflecting that the failure to timely deliver resulted from circumstances described under “Limitations and Disclaimers.”
On Your Boat Ltd. is not obligated to respond or provide any credit or refund if USER has not paid for services or shipping costs, if applicable or when USERS request is not received within the time limits stated above.
On Your Boat Ltd. will use commercially reasonable efforts to satisfy USER claims, subject to the limitations set forth in these Terms and Conditions.
Only one refund or credit is permitted per package. In the case of multiple-package shipments, this returns policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.
A refund or credit will not be given for shipments delayed due to incorrect addresses or postal codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under “Limitations and Disclaimers.” In addition, for shipments to and from International destinations, no refund or credit will be given if failure to timely deliver is the result of tax authority or customs or other regulatory delays.
This refund policy does not apply to undeliverable or returned shipments.
9. Links
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to USER. These linked sites are not under the control of On you Boat Ltd., and On Your Boat Ltd. is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, On Your Boat Ltd. does not monitor nor review the content of such sites, and USER expressly understand that USERS access by link to such sites is at USERS own risk.
10. Privacy Policy
On Your Boat Ltd. acknowledges that USER may provide personal data or other information to its Site via the Internet. Although On Your Boat Ltd. will take all reasonable steps to safeguard USERS personal data or other information, including but not limited to the use of secure server software, such information is subject to interception or alteration by third parties. On Your Boat Ltd. does not guarantee absolute confidentiality or security. In addition, On Your Boat Ltd. may disclose part or all of USERS personal data, User-provided materials and printed products as required by law, rule, regulation, or court order.
11. Termination
On Your Boat Ltd. reserves the right to terminate USERS use of the Site, or any portion thereof, and/or USERS identification and password in its sole discretion with or without cause and without any reason or advance notice. If USER wishes to terminate USERS account, USERS only recourse is to discontinue use of such account. Upon termination of USERS account, USERS right to use the Site immediately ceases.
12. Indemnification
USER agrees to indemnify, defend and hold On Your Boat Ltd. its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal and solicitors fees) or other expenses that arise directly or indirectly out of or from (a) USERS breach of this Agreement; (b) any allegation that any materials that USER submit to On Your Boat Ltd. infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) USER violation of the Code of Conduct above; and/or (d) USERS activities in connection with the site.
13. Applicable Law and jurisdiction
This site is operated and administered by On Your Boat Ltd. located at 9 Hunt Road, Thame Oxon, OX93LG, United Kingdom. As such, the laws of the UK will govern the terms and conditions of this Agreement and any dispute arising there from.
This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If USER accesses this Site from a location outside of the United Kingdom, USER is responsible for compliance with all local laws. USER agrees that USERS use of the site does not violate any local law or regulation in USERS Country, and that you shall be responsible for any such violation(s).
The UK Courts shall have the non-exclusive jurisdiction over any dispute arising out of this Agreement. This shall not prevent On Your Boat Ltd. from initiating legal proceedings against the USER in other competent jurisdictions.
14. Limitations and Disclaimer
14.1 The materials may contain inaccuracies and typographical errors. On Your Boat Ltd. does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. On Your Boat Ltd. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. On Your Boat Ltd. may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
14.2 In no event shall On Your Boat Ltd. or any of its subsidiaries be liable to you or to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if On Your Boat Ltd. is expressly advised of the possibility of such damages.
Neither On Your Boat Ltd. nor any of its affiliates, subsidiaries, suppliers or service providers in any event be liable to you or to any person or entity for any special consequential, incidental, punitive or other indirect damages under any theory of law for any errors; the information, content, services, products or materials on this site; or for the provision or use of any information, content, services, products or materials; for any failed delivery, late delivery, or lost or damaged shipments or for any other reason, including without limitation, damages for lost profits, business, data or user-provided materials, even if you have advise On Your Boat Ltd. of the possibility of such damages.
This Agreement constitutes the entire agreement between On Your Boat Ltd. and USER with respect to USERS use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
15: Complaints
If your unhappy with any of the service you have been given, you can either email us at info@onyourboat.co.uk or in writing to On Your Boat Ltd, 9 Hunt Road, Thame, Oxon OX9 3LG. We take complaints seriously and will endeavour to resolve these as quickly as possible.
