Terms & Conditions

 

1.                   DEFINITIONS

When the following words with capital letters are used in these Terms, this is what they will mean:

1.1               “Confirmation”: written confirmation that the Parts are in stock and will be delivered;

1.2               “Contract”: the contract between Us and You for the sale of Parts;

1.3               "Event Outside Our Control”: as defined in clause 16;

1.4               "Parts”: the parts that We are selling to you as set out in the Confirmation;

1.5               "Order”: your order for Parts ;

1.6               "Terms”: the terms and conditions set out in this document;

1.7                “Website”: Our website [https://fairlineparts.com];

1.8               “Writing”: and any similar expression, includes emails and other forms of electronic communication;

1.9               "We”: Fairline Yachts Limited (company number 09937735) whose registered office is at Nene Valley Business Park, Oundle, Peterborough, PE8 4HN.  Our registered VAT number is GB231173250;

1.10           “You”: the person placing the Order. 

2.                   THE CONTRACT

2.1               These are the terms and conditions on which We will sell Parts to you.

2.2               When you submit and Order and We issue a Confirmation, a binding contract will come into force between You and Us on and incorporating these Terms. 

2.3               No terms or conditions submitted at any time by you shall form part of the contract between You and Us.

2.4               If You are a business, this is our entire agreement with you.  You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this agreement.

3.                   THE PARTS

3.1               The images of our products on our Website, any samples, drawings, advertising and illustrations produced and contained in our catalogues, brochures and our Website are produced to give an approximate idea of the Parts referred in them.  Although, we have made every effort to represent the Parts accurately, we cannot guarantee that your Part may not vary slightly from the parts depicted.  They shall not form part of these terms and conditions nor have any contractual force.

3.2                We do not fit any of the Parts, and you will be responsible for organising the fitting of your Parts.

4.                   DELIVERY OF THE PARTS

4.1               Where You buy the Parts online, we will arrange delivery through a third party delivery agency. 

4.2               Any delivery times stated are estimates only.

5.                   FAULTY PARTS

If you are a consumer, you have legal rights in relation to Parts that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.  Nothing in these Terms will affect these legal rights.

6.                   YOUR CONSUMER RIGHT OF RETURN AND REFUND

6.1                If you are a consumer and you purchase the parts otherwise than by attending our premises, you have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Part, you can notify us of your decision to cancel the Contract and receive a refund. 

6.2               Your legal right to cancel a Contract starts from the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Part (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Parts.   Example: if we provide you with a Confirmation on 1 January and you receive the Part on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following: one Part which is delivered in instalments on separate days. multiple Parts which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Parts or the last of the separate Parts ordered.   Example:  if we provide you with a Confirmation on 1 January and you receive the first instalment of your Part or the first of your separate Parts on 10 January and the last instalment or last separate Parts on 15 January you may cancel in respect of all instalments and any or all of the separate Parts at any time between 1 January and the end of the day on 29 January.

 

6.3               To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. A link to the website cancellation form will be included in our Confirmation. If you use this method, we will e-mail you to confirm we have received your cancellation.  Alternatively, you may use a copy of the form which is attached at the back of these Terms.

6.4               If you cancel your contract, we will:

6.4.1                     refund you the price you paid for the Parts. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Parts, if this has been caused by your handling them in a way which would be unacceptable.  If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

6.4.2                     make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

6.4.2.1                if you have received the Parts and we have not offered to collect it from you: 14 days after the day on which we receive the Parts back from you or, if earlier, the day on which you provide us with evidence that you have sent the Parts back to us. 

6.4.2.2                if you have not received the Parts or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.  For information on where to return Parts, please refer to the Order.

6.5               If you need to return the Parts to us under this clause 6 because they are faulty, you must:

6.5.1                     contact us so that we can arrange to collect these from you.  We will arrange and pay the costs of collection in these circumstances; and

6.5.2                     re-package the Parts for collection.  The Parts should be unused, in a saleable condition and in packaging.  

6.6               Subject to clause 6.5.1 and 6.5.2, We will refund you the price you paid for the Parts.  However, we are permitted to reduce your refund to reflect any reduction in the value of the Parts, if this has been caused by your handling of them.

6.7               We will refund you on the credit card, debit card, Google Pay or Paypal account used by you to pay.  

6.8               If the Parts have been delivered to you before you decide to cancel your contract:

6.8.1                     then you must return the Parts to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.  

6.8.2                     unless the Part is faulty or not as described (in this case, see clause 5), you will be responsible for the cost of returning the Parts to us.  If the Parts cannot be returned by post, we estimate that if you use the carrier which delivered the Part to you, these costs should not exceed the sums we charged you for delivery.  

6.9               As you are a consumer, we are under a legal duty to supply Parts that are in conformity with the Contract and you have legal rights in relation to Parts that are faulty or not as described.  These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.  

7.                   THIRD-PARTY MANUFACTURER'S GUARANTEE OF THE PARTS

7.1               The Parts may come with a manufacturer's guarantee.  For details, please refer to the manufacturer's guarantee provided with the Parts.

7.2               This guarantee (if any) is in addition to your legal rights in relation to the Parts that are faulty or not as described

8.                   PRICE AND PAYMENT

8.1               The price of the Parts shall be the price set out in the Confirmation, or, if no price is quoted, the price is set out in Our published price list in force as at the date of delivery.  These prices exclude VAT which is payable at the prevailing rate.  

8.2               You must make payment for Parts in advance using a credit card, debit card, Google Pay or Paypal account.   This payment must be made at the time of making the Order. 

9.                   OUR LIABILITY TO CONSUMERS

9.1               This clause 9 only applies to customers who buy as consumers.

9.2               If We fail to comply with these Terms, We are responsible for loss or damage you as a consumer, suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.  

9.3               We only supply the Parts for private use.  You agree not to use the Parts for any commercial, business or resale purposes. 

9.4               We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.5               We do not exclude or limit in any way Our liability for:

9.5.1                     death or personal injury caused by Our negligence or the negligence of Our employees (as applicable);

9.5.2                     fraud or fraudulent misrepresentation;

9.5.3                     breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

9.5.4                     breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

9.5.5                     defective products under the Consumer Protection Act 1987.

10.               OUR LIABILITY TO BUSINESSES

10.1           This clause 10 only applies to customers who purchase Parts otherwise than in the capacity of consumers.

10.2           Nothing in these Terms shall limit or exclude the liability of either party for:

10.2.1                  death or personal injury caused by negligence, or the negligence of its employees, agents or subcontractors (as applicable);

10.2.2                  fraud or fraudulent misrepresentation; or

10.2.3                  any statutory provision which cannot be excluded.

10.3           We warrant that the Parts will conform to the specification we provide in respect of them.  

10.4           Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Parts.  Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.  In particular, we will not be responsible for ensuring that the Parts are suitable for your purposes.

10.5           Subject to clause 10.2:

10.5.1                  neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of goodwill, contract or revenue or failure to make anticipated savings or for any indirect or consequential loss arising under or in connection with the terms and conditions; and

10.5.2                  our total liability to you in respect of all losses, costs, claims and/other liabilities arising under or in connection with the terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the price of the relevant Parts.

11.               EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.  An Event Outside Our Control means any act or event beyond Our reasonable control and includes without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

12.               HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1           We will use the personal information you provide to Us to provide the Parts, process your payment for such Parts and to fulfil the Contract.

12.2           We will only use your personal information as set out in our Privacy Policy.  A link to our Privacy Policy is available at [https://www.fairline.com/en/privacy-policy/].

13.               OTHER IMPORTANT TERMS

13.1           We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

13.2           You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

13.3           The Contract is between you and Us.  No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.  

13.4           Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

13.5           If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations.  If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

13.6           If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of Parts and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

13.7           If you are a business, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

13.8           If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

 

 

 

 

SCHEDULE 1

MODEL CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To FAIRLINE YACHTS LIMITED, NENE VALLEY BUISNESS PARK, OUNDLE, PETERBOROUGH PE8 4HN, UK, [INSERT TELEPHONE NUMBER AND, WHERE AVAILABLE AND E-MAIL ADDRESS]

 

I hereby give notice that I cancel my contract of sale of the following goods [*]:

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date