Terms & Conditions


 

 

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

GENERAL TERMS AND CONDITIONS

This site is owned and operated by The Nautical Company (UK) Ltd, trading as The Nautical Company. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us on +44 (0) 1256 351 283 or via our contact form or at our email address: .

1- The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will send you an automated order acknowledgement at the email address you provide in your order form. Our acceptance of your order only comes into effect once your payment has passed our security checks and your order has been delivered. We do not send an email for confirming our payment checks unless it has failed, instead, your order is being processed and dispatched with a dispatch note confirmation email. Our acceptance of your order brings into existence a legally binding contract between us only once your order has been delivered to you.

2- Ownership of rights

All rights, including copyright, in this website are owned by or licensed to The Nautical Company. Any use of this website or its contents and images, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose. Any individual or business using or having used any of our contents or images will be prosecuted in court.

3- Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing. Although every care is taken to describe the goods accurately with the help of photographs, some variations in the image and colour may occur due to limitations and variations in browsers, monitors and software used. Any references to product size, weights, dimensions and capacities given about the goods are approximate only. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.

4- Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

5 -Availability

All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

6- Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

7- Price

The prices payable for goods that you order are as set out in our website and are correct at the time of entering information. Prices listed are in UK Pound Sterling. These include VAT where applicable if your shipping is within the EU. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

8- Promotional codes

Promotional codes are provided at the discretion of The Nautical Company only. These allow you to a cost discount at the time of ordering.

  • 8.1 - Promotional codes are limited to one per order.
  • 8.2 - Promotional codes cannot be used in conjunction with another offers nor discount codes running at the time. Any order received where more than one code has been used, we reserve the right to cancel the order.
  • 8.3 - Promotional codes cannot be used on sale nor reduced items.
  • 8.4 - We reserve the right to cancel the order in the event of an incorrect promotional code due to a typographical error or a technical error.

9- Payment terms

We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.

10- Delivery charges

Delivery charges vary according to the type of goods ordered and cannot be refunded.

11- Delivery

  • 11.1 - Our delivery charges are set out in our website. Check our delivery conditions for full details.
  • 11.2 - You will be required to pay extra for overseas delivery and it might not be possible for us to deliver to some locations as set in our delivery conditions
  • 11.3 - We can deliver to addresses worldwide.
  • 11.4 - We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
  • 11.5 - You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

12- Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

13 - Acknowledgement and acceptance of your order

You will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to (1) acknowledge  receipt of your order and (2) confirm acceptance of your order on the dispatch day of the good(s) ordered.

14 - Cancellation rights

  • 14.1 - Under the Distance Selling Regulations you have the legal right to cancel your order within fourteen days of receipt of your goods (with the exception of any made to order items, earrings, lingerie and swimwear). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, if you wish to cancel your contract, you will need to notify us in writing by email. All orders placed online must be cancelled by email. If you placed the order by phone, we will accept cancellations over the phone on the sole condition that you do not use email and do not have an email address. We always ask for an email address with phone orders as to send your order acknowledgement and dispatch confirmation. If you placed your order on the phone and you have access to email with an email address, a written cancellation request by email is required.
  • 14.2 - If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
  • 14.4 - Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you including the original product tag still intact and attached as originally received. Under your statutory rights, you have a duty of care of returning the goods in a resellable condition. Returned goods must not have been worn and the product tag must still be attached - see further information on our return policy. If you do not return the goods delivered to you within the timescale as stated in our return policy or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. In the event, you send your goods back to our office without any postage paid and The Nautical Company is fined by Royal Mail as a consequence, we reserve the right to deduct the fine value from your refund or charge you for the amount whatever forms apply.

15 - Cancellation by us

  • 15.1 - We reserve the right to cancel the contract between us if:
    • 15.1.1 - we have insufficient stock to deliver the goods you have ordered;
    • 15.1.2 - we do not deliver to your area; or
    • 15.1.3 - one or more of the goods you ordered was listed at an incorrect price due to a typographical error or a technical error, or an error in the pricing information received by us from our suppliers.
    • 15.1.4 - Coupon codes or discount offers cannot be used in conjunction with any other offers nor any other coupon codes. Any orders received where multiple codes have been used for the same order will be cancelled.
  • 15.2 - If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

16 - Liability

  • 16.1 - If you do not receive goods ordered by you within 20 days on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 20 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
    • 16.1.1 - to make good any shortage or non-delivery;
    • 16.1.2 - to replace or repair any goods that are damaged or defective; or
    • 16.1.3 - to refund to you the amount paid by you for the goods in question in whatever way we choose.
  • 16.2 - In the event, you are not in on the day of the delivery, you are responsible to take the appropriate steps to enquiry where your parcel is. We will ensure to provide the appropriate tracking information but you are responsible to go and collect and/or re-arrange delivery within the required timescale. Any parcel returned to our office for no collection will result into any postage not to be refunded. It is a breach of contract to not collect a parcel on purpose and no postage will be refunded.
  • 16.3 - Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
  • 16.4 - 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.
  • 16.5 - 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.

17 - Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at our registered address and all notices from us to you will be displayed on our website from to time.

18 - Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

19 - Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

20 - 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.

21 - Privacy & Cookies

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

22 - Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

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