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Terms and conditions

 

The contract between us

1.1 All orders for products and services on the SAL website at https://salmarine.com (the “SAL website”) or though SAL Marine Ltd store, accepted by SAL Marine LTD ("SAL”) are subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by SAL Marine unless agreed in writing by an authorized signatory of SAL or expressly stated otherwise in these terms and conditions of sale.

1.2 All descriptions and images of the products and services contained on the SAL website or otherwise communicated to any purchaser of such products or services (the “Customer”) are approximate only and shall not form any part of the contract between SAL and the Customer. SAL shall not be liable to the Customer for any errors or omissions on the SAL website, the SAL catalogue or other product advertisement. The advertising of products and services on the SAL website is not an offer capable of acceptance; it merely constitutes an invitation by SAL for the Customer to make an offer to purchase products and services. SAL's acceptance of the Customer's order will take place when SAL confirms pricing and delivery dates to the Customer in writing/email, at which point a contract will come into existence between SAL and the Customer.

1.3 Products with Availability listed in (days) are (Extended Range products) are not stocked by SAL. Any clauses in these terms and conditions of sale expressly stated to be in relation to Extended Range products will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.

1.4 SAL executes orders to the Customer's requirements but may provide substitute products where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will be put on back order to be fulfilled ( as default) when SAL next has available stock or be cancelled and refunded to the Customer.

1.5 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Price

2.1 The prices payable for goods that you order are as set out in our website.

2.2 Unless otherwise stated and offered you will be required to pay shipping costs calculated at check out.

2.3 If the delivery address provided on an order is outside of the EU an import tax may be payable by you on receipt of goods. These payments are the responsibility of you (the buyer) and SAL accept no liability for any payments which may be due.

2.4 Tax Charges (VAT) @ 20% are included in all our store prices.

2.5 The prices of the products and services are as set out on the SAL website. SAL reserves the right to change prices without prior notice at any time. This is due to the collation of multiple supplier price files which are issued at varied and unset times throughout the year.

Cancellations and Returns

3.1 Customers may only return products to SAL, and receive a credit or refund or replacement on the following conditions:

i The Customer should first check if they are eligable for a return using the < Returns portal >. Here you can orgainse and action a return and insome cases print a shipping lable. In the event of any issues please raise a support ticket either on your account under "my support tickets" or by email at supportteam@salmarine.com

ii Return must be made within 14 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s). Subject to condition vi below.

iii Products must be returned to SAL in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale;

iv The Customer must follow any specific instructions which appear on the SAL website with any product regarding its return to SAL; and

v Products must be returned to SAL adequately packed and clearly labelled to: SAL Marine Ltd, units 1-3, Mill lane, Lymington, Hampshire, SO41 9AZ, using the address label on the dispatch note or available on the SAL website. vi The Customer must quote the Returns Number on the parcel being returned.

vi The following items are exceptions from returns:

for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
for the supply of goods which are liable to deteriorate or expire rapidly;
for the supply of security tape sealed boxes that contain goods which are electronic in nature
for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

3.2 In the event of cancellation of part of any order only, SAL may invoice the Customer any difference in selling price per unit applicable to the quantity dispatched up to the time of cancellation compared to the quantity ordered.

3.3 For Customers a processing charge may apply in respect of all products returned other than due to defects covered by the warranty.

3.4 Where the Customer returns products to SAL not in accordance with clause 3.1 (i) – (vi) above (for example, after the period for returns has expired or in an unfit state) SAL may refuse to accept the return and/or return the products to the Customer at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.

3.5 This no fault returns policy excludes propellers, electrical items, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR). In addition, SAL will not accept any items whereby the "VOID Security tape" has been removed. This does not affect the warranty handling of your products if found to be subject to a warranty claim.

3.6 SAL accepts no responsibility for any loss of or damage to products in transit from Customer to SAL where SAL has not provided the collection Services.

Cancellation by us

4.1 We reserve the right to cancel orders and contacts between us if: i We have insufficient stock to deliver the goods you have ordered in reasonable time; ii We do not deliver to your area; or where shipping costs greatly exceed shipping quote, or, iii If goods ordered are subject to data errors such as part numbers errors, obsolete parts, and pricing errors due to supplier price files.

4.2 SAL reserves the right to decline to trade with any company or person. SAL may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by SAL. Further, SAL may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by SAL. If SAL rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.

Inspection, Delivery Delays and Non-Delivery

5.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 10 days of the date of delivery or collection or, in the case of sub-clause iv below, the Quoted Delivery Time or any updated estimated date for delivery, give notice to SAL in detail of: i Any defect in the product that is apparent on reasonable examination. In this case SAL shall, at SAL's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition; ii Any shortfall in products delivered. In this case SAL shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products; iii Any delivery of products not in accordance with the order. In this case SAL shall, at SAL's discretion, replace the products or refund the purchase price; or iv Any non-delivery of the products (in which case the time limit is within 10 days of the estimated dispatch date). In this case SAL shall deliver the undelivered products or refund the price of the undelivered products.

5.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. SAL's record of the products dispatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.

5.3 The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. SAL shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, loss of productivity, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.

5.4 Failed delivery, The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

5.5 Delivery subject to conditions, The delivery of certain Products, such as spray paints and acids, restricted content or the like, may be subject to further conditions under applicable law, the Terms or any other related document. Upon delivery of such Products, Users may be required to provide evidence or declare that such conditions – e.g. being considered an adult under applicable law – are met.
In such situations, failure to meet the conditions set forth by law or contract may make it impossible to deliver the Products.

Liability

6.1 SAL shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, productivity, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through SAL marine technical support) whether or not due to its negligence or that of its employees, agents or sub-contractors.

6.2 SAL shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits, loss of productivity or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between SAL and the Customer, or of any order accepted by SAL; (ii) any duty of any kind imposed on SAL by law arising out of or in relation to the contract between SAL and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

6.3 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

6.4 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at our discretion:

6.5 To make good any shortage or non-delivery;

6.6 to replace or repair any goods that are damaged or defective; or

6.7 to refund to you the amount paid by you for the goods in question in whatever way we choose.

6.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

6.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Content

7.1 This website and its content is copyright of SAL Marine Ltd 2020. All rights reserved.

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Warranties and Remedies

8.1 SAL warrants that no product purchased from SAL is materially defective unless other wise stated. 8.2 In the event of any such product being materially defective, and subject to the provisions of clause 5 (Inspection, Delivery, Delays and Non-Delivery) surrounding defects apparent on delivery, SAL will (at its option) replace or repair the product or refund the purchase price. 8.3 Warranty processing times and procedures differ depending on Manufactures. SAL Aims to have all warranty claims concluded within 30 days of notification of defect. We reserve the right to refund, repair and replace under Manufactures guidance.

Accounts

Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination
Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

Except for our affiliates, directors, employees, or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act

Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us

Force Majeure

A force majeure event is any event beyond the reasonable control of SAL (including but not limited to strikes, traffic congestion, the downtime of any external line, or SAL's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If SAL is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then SAL shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, SAL may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.

How to contact SAL Marine Ltd

Please email wherever possible.

supportteam@salmarine.com

or by post

SAL Marine Ltd

Units 1-3

Haven Quay

Mill Lane

Lymington

Hampshire

SO41 9AZ