Terms

These terms and conditions govern your use of Portreath Marine Services website: by using this website, you accept the terms and conditions in full

  1. We are Portreath Marine Services a division of Portreath Garden Machinery Limited. In these terms we refer to ourselves as ‘Portreath Marine Services.
  2. Any email or any acknowledgement by us of a receipt of an order placed by you does not mean that we have accepted your order. Acceptance of your order and completion of the contract between you and Portreath Marine Services will take place on despatch to you of the products ordered unless we have told you that we do not accept your order or you have cancelled it.
  3. Due to stock availability we may despatch your order in a number of instalments and each dispatch is a separate contract and is not connected to any other dispatch.
  4. We will validate your credit/debit card before accepting your order. We will not accept your order if your card is declined at any stage during the processing of your order. We will try to contact you if your card is declined after you have placed your order but we may not be able to do this.
  5. We take reasonable care to protect the confidentiality of your payment card details but  Portreath Marine Services is not liable if these details are intercepted by and used by third parties through no fault of our own.
  6. You can pay for your order by cheque. Please make your cheque payable to ‘Portreath Marine Services’ and send it with your order Portreath Marine Services, Bridge Industrial Estate, Portreath, Redruth TR16 4QL. If you pay by cheque it may take up to ten days to process and dispatch your order subject to stock availability.
  7. The prices quoted on the website are subject to change from time to time. The current price shown on the website is the price you will be charged. Any variation to the price shown must be confirmed in writing by Portreath Marine Services before your order is accepted by us. The prices shown against each item includes VAT but does not include postage and packing charges where applicable: these are shown separately.
  8. We will try to make sure that the prices and all other information on the website are accurate but we are not liable for anything that happens due to errors that may appear to the fullest extent permitted by law. Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  9. All the products on the website are subject to availability. We do not guarantee that all items shown on the website are in stock and are available and ready for dispatch. Display of an item on the website is not an indication that the item is in stock. Their may be slight variations on the appearance of the products due to a supplier changing them or indeed a ingredient that they may have changed we will try and keep the information as current as possible as far as our best knowledge
  10. If you have selected an item that is not in stock we will try to contact you as quickly as we can. We will try to do this within 24 hours (except on weekends and bank/public holidays when we normally do not work).
  11. Accepted orders are normally dispatched within 24 hours of the order being placed on our website except on weekends and bank/public holidays when we normally do not work however please allow one week for delivery Please note in the rare situation that a item is out of stock and if that item comes from overseas please allow 28 days for delivery if this is the case we will inform you and you will have the right to cancel and receive a full refund.
  12. The time for delivery of your order varies according to your chosen method of shipment.  Portreath Marine Services have no control over the goods once they are shipped and cannot guarantee that your order will arrive within the time specified by your chosen method of shipment.
  13. You may return any item to us provided you:
    We operate a “no quibble” returns policy, but we do request that wherever possible all orders are returned to us within 14 days of receipt if deemed unsuitable. It is your responsibility to return items to us; we recommend recorded delivery or Royal Mail special delivery. We cannot be held responsible for loss or damage to goods whilst they are being returned. Refunds will be made to the card that was used in the original purchase or a cheque made payable to the cardholder if the card is no longer valid. In the case of cheque payment a cheque will be issued payable to the original customer. You must follow our instructions for returning goods (see below).
    Instructions for Returning Goods Include the delivery note or a copy of your email invoice with the goods. Please send the goods in appropriate packaging.

    (i) send the goods back to us with all original packing within fourteen days of delivery to you;
    (ii) follow our instructions as stated above
    (iii) accept that we are not responsible if the goods do not reach us for any reason.
    None of the above affects your statutory rights.

  14. This Contract is deemed to have been made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Contract.
  15. Trade accounts are prepaid. In the rare circumstance that we are to offer 30 days net credit. All goods remain the property of Portreath Marine Services until they are paid for in full. All claims and breakages must be reported in 24 hours of receipt. Prices may change if suppliers modify their prices and there might be minor variation in packaging detail and some cases product colour

Intellectual Property rights

We or our suppliers own the intellectual property rights in the Portreath Marine Services website. Subject to the licence below, all these intellectual property rights are reserved.

Licence to use website

Downloading is for caching purposes only other content. Although printing is not prohibited you are advised to try and avoid this as it is better for the trees

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purposes. This includes using our images or text on other web sites or promotional material without our written permission and the written permission of the licence holder.
(d) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter can be forwarded on 3rd parties

Limitations of Liability

The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website for any purposes related to marketing without our express written consent

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime [ further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.]

We reserve the right to edit or remove any material posted upon our website.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights

Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

Registrations and authorisations

The full name of our company is Portreath Marine Service.

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