Terms and Conditions
About Us
www.abcstore.co.uk is a website operated by Anglesey Boat Company Limited trading as ABC Powermarine. Our trading address is: ABC Powermarine, Gallows Point, Beaumaris, Anglesey LL58 8YL
Anglesey Boat Company is registered in England and Wales with company number 1522452, with registered office address at Porth Lafan, Gallows Point, Beaumaris, Anglesey LL58 8YH.
Our VAT number is 742277039.
Formation of Contract
This website is only intended for use by people resident in the UK and we do not accept orders from outside the UK.
By placing an order through our site, you confirm that you are legally capable of entering into a binding contract and that you are at least 18 years old.
After placing an order, you will receive an email from us acknowledging that we have received your order, but this does not mean that your order has been accepted. Your order constitutes an offer to us to buy and all orders are subject to acceptance by us. The Contact will be formed when we email you the Shipping Confirmation and will relate only to those products for which we have sent you the Shipping Confirmation.
Product description and price
The price of any products will be as quoted on our website, except in cases of obvious error in which case we reserve our right to cancel any orders placed for them. Prices are liable to change at any time but orders already placed will not be affected.
Prices displayed include VAT but exclude delivery charges, which are added at checkout. An indication of shipping charges are shown on the Shopping Basket page.
We take all reasonable care to ensure that product details, descriptions, photographs and prices are correct. Please note that some photographs used may be generic or that colour rendition may not be accurate and the product description should be relied on over the photograph.
We may also provide links on our site to the websites of other companies, including our suppliers. We are not able to give an undertaking that data provided on external links implies suitability for any purpose.
Product availability
Unless products are indicated as available to special order only, we aim to hold stock. If all items in an order are available, we aim to ship them to you in line with the selected dispatch time.
If several items in an order are unavailable, we will usually contact you and you will have the following options:
- Ship the available items and ship the backorders when available
- Cancel the unavailable items and ship the remainder of the order
- Ship the entire order when all items are available
- Cancel the whole order
If, in our opinion, the majority of an order can be shipped with the remaining items to follow within 10 days, we will chose that option.
Whilst we will do our best to adhere to any promise of delivery date, delivery shall not be deemed to be part of the essence of the contract (unless subsequently agreed between us and you; and confirmed in writing), nor shall the delay be a ground for a claim for any consequential loss or damage.
Payment - PayPal
Payment is taken by PayPal when the order is processed. If you do not have a PayPal account, you may use a credit or debit card without registering.
You will be sent a confirmation email once payment has been received.
We will email you once an order has been dispatched and if it has been sent by a trackable service, we will send you the tracking numbers if available to us.
Returns Policy
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, customers may return purchases up to 14 calendar days after delivery, without reason. Please see our Returns Policy page for full details, which is linked from the bottom of every page.
Risk
Ownership of any products ordered will pass to you when we receive full payment of all sums due. The products will be at your risk from the time of delivery.
Liability
We warrant that any product supplied by us is of satisfactory quality and is reasonably fit for the purposes for which that product is usually supplied.
Our liability for losses you suffer as a result of our breaking this agreement is strictly limited to the purchase price.
This agreement does not include or limited in any way our liability for: events caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude to attempt to exclude our liability.
We are not responsible for any indirect losses which may happen as an side effect of the main loss or damage and which are not foreseeable by you or us (such as loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if this is foreseeable.
Communications and Notices
When using our website, you agree that communications between us will mainly be electronic and that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any notices given by you to us must be given to ABC Powermarine, Gallows Point, Beaumaris, Anglesey LL58 8YL
We may give notice to you at the email or postal address you provide to us when placing an order or via our website. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. Postal notices will be sent by First Class post.
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 a Contract that is caused by events outside our reasonable control, such events to include (without limitation): strikes or other industrial action; shipping delays; customs delays; civil commotion or riots; invasion or war; terrorist attack (or threat thereof); fire or explosion; storm; flood, earthquake; subsidence; epidemic or other natural disaster; failure of transport or telecommunications; acts, decrees, regulations or restrictions of government.
Waiver
If we fail to insist upon strict performance of any of your obligations under the Contract or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. Similarly, a waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms and Conditions or any provisions of contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Variation
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
Jurisdiction
Any dispute arising from, or related to, such Contracts for the purchase of Products through our website shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.