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BHG Marine, Bridge Road, Lymington, Hampshire, SO41 9BY, UK

BHG Marine Terms and Conditions

These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible once you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Visitor provided material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.

Links to and from other websites

1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

BHG Marine Terms & Conditions 

Please read these terms & conditions carefully before placing your order & retain a copy of these terms & conditions & a copy of your order for future reference. 

Definitions 

In these terms & conditions 

A. We, us, our, supplier refer to BHG Marine Ltd. 

B. You & your refer to the purchaser of any goods from us. 

C. Contract means the contract between you & us for the sale by us to you of goods. 

D. Goods mean any goods or services you order from us. 

E. Order means any order placed by you with us for the purchase of goods 

F. Consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession. 

Business Sales 

If you order goods other than as a consumer (eg because you are a business) then: 

1. These terms & conditioned do not apply. 

2. Our business terms & conditions shall apply to your order & any resulting contract between you & us. 

Index 

1. Format of contract 

2. Description & price of goods 

3. Payment 

4. Delivery 

5. Risk / Title 

6. Title for business customers 

7. Cancellation 

8. Warranty & Guarantee 

9. Limitation of Liability 

10. Data protection 

11. Images 

12. Statutory Rights 

13. Your Responsibilities 

1. Format of the Contract 

The conditions which apply to your purchase of goods from us. 

1.1 These terms of sale apply to all goods supplied by BHG Marine Ltd, Bridge Road, Lymington, Hampshire, SO41 9BY, registered in England and Wales (the 'Supplier'). 
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order. 
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received. 
1.4 The contract is subject to your right of cancellation (see below). 
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales. 
1.6 Your order is an offer to us to buy the goods of the specification and description at the price indicated. 
1.7 Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us. 
1.8 Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid. 
1.9 You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us 

2. Description and price of the goods 


2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order. 
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 
2.3 Every effort is made to ensure that prices displayed & shown on our website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. 
2.4 In addition to the price, you may be required to pay a delivery charge for the goods. 
2.5 The market in the goods is such that the specification, description and price of individual goods can change. 

3. Payment 

3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. 
3.2 There will be no delivery until cleared funds are received. 
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. 
3.4 We will not add any additional fees to your purchase if you pay via any of the card type supported. 
3.5 On completion of the transaction you will receive an email from us which will contain your invoice within a few minutes of placing the/your order 

4. Delivery 

4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. 
4.2 Orders placed before 1pm will were possible be sent the same day, however normal operation is following day dispatch. 
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible. 
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may: 
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or 
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods. 
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure. 
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. 
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition (If Courier Option has been selected). If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as 'UNCHECKED'. Failure to do so may affect any warranty claims that you make thereafter. 
4.8 Refer to our delivery policy for methods of shipment & timeframes offered. 

5. Risk/Title 

5.1 The goods are at your risk from the time of delivery. 
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: 
5.2.1 the goods, and 
5.2.2 all other sums which are or which become due to the Supplier from you on any account. 
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier. 

6. Title for Business Customers 

6.1 If you are a business customer until ownership of the goods has passed to you, you must: 
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property; 
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and 
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if: 
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or 
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 
6.2.3 you encumber or in any way charge any of the goods. 

7. Cancellation 

Your right of cancellation 

7.1 You have the right to cancel the contract at any time within 14 days from order delivery (see below). Please note that this policy has some limitations and does not apply to business customers. 
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs. 
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods. 
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. 
7.7 The goods must be returned to us complete. 
7.8 You are responsible for the cost of returning the goods to us. 
7.9 We will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur. 
7.10 We will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us. 

Our right of cancellation 

7.11 If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation. 


8. Warranty & Guarantee 

8.1 All goods supplied by the Supplier are warranted free from defects for 6 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. 
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval. 
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing within 7 working days. (Please note that this is 48hrs for our business customers) 
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint. 

9. Limitation of Liability 


9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where: 
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents; 
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; 
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract. 
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation. 
9.3 Our maximum liability to you under the contract shall be twice the value of the goods that you ordered. 
9.4 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. 

10. Data Protection 

10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you. 

11. Images 

11.1 Product images are for illustrative purposes only and may differ from the actual product. 

12. Statutory rights 

12.1 Your right of cancellation is in addition to your statutory rights. 
12.2 The after sales service and warranty/guarantees for the return of goods by you to us mentioned below do not affect your statutory rights. 

13. Your Responsibilities 

13.1 It is your responsibility to ensure compatibility of any goods offered for sale by us. 
13.2 It is your responsibility to ensure proper installation of our goods. 

T&C effective 01/010/2015, these terms & condition & the contract are subject to English law. 

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.