TERMS & CONDITIONS
1.1 This website is owned and operated by Robert Owen Marine LTD. The Harbour, Porthmadog, Gwynedd, LL49 9AY. Company number 9069578 (England & Wales). VAT No. 290042975
1.2 As a user of this website you acknowledge that any use of the website including any transaction you make is subject to these terms and conditions below.
1.3 We reserve the right to change these terms and conditions at any time. Any such changes will take effect on the date posted on the website. It is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify acceptance to be bound by the latest terms and conditions.
1.4 In these terms and conditions:
1.4.1 “we/us/our” means Robert Owen Marine LTD;
1.4.2 “you/your” means the person, company or other legal entity using the website whether to purchase the Goods or not;
1.4.3 “Goods” means all products listed on the order and the order confirmation e-mail;
1.4.4 "working days" means all days other than Saturdays, Sundays or public holidays in England and Wales.
1.5 These terms and conditions set out the basis on which you can use our website and place orders for goods from us. By ordering goods from us, you are deemed to have read, understood and accepted our terms and conditions below.
1.6 Please read through these terms and conditions carefully before using this website.
2. OUR LIABILITY
2.1 We warrant to you that any goods purchased from us through our website will be of satisfactory quality.
2.2 Our liability in connection with any goods purchased through our website is strictly limited to the value of the goods.
2.3 Clause 2.2 does not include, or limit, in any way our liability:
2.3.1 for death or personal injury caused by our negligence;
2.3.2 under section 2(3) of the Consumer Protection Act 1987;
2.3.3 for fraud or fraudulent misrepresentation; or
2.3.4 for any matter for which it would be unlawful or illegal for us to exclude, or attempt to exclude, our liability.
3. ORDER PROCESS
3.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
3.2 The confirmation stage sets out the final details of your order. Following this we will send you an order acknowledgement email detailing the goods you have ordered. Please note that this email will not constitute an order confirmation or order acceptance from us.
3.3 Acceptance of your order, and the completion of the contract, between you and us will take place on dispatch to you of the goods ordered unless we have notified you that we do not accept your order, or you have cancelled it.
4.1 Purchase price will include the cost of delivery unless otherwise stated. We make every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the goods or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
4.2 In the unlikely event of goods not being delivered to the address provided on the order within 7 working days from the dispatch date, customers should advise us. We will make every effort to locate the goods and if necessary, send a replacement at our expense, or provide a full refund.
4.3 If the goods arrive damaged in any way customers should refuse delivery if appropriate. If goods are found to be damaged once delivery is completed then customers should contact us within 3 working days of receipt and return the goods within 7 working days. Goods must be returned in the original packaging and should be accompanied by a copy of the purchase invoice and a covering letter explaining the reason for return.
We will send a replacement upon confirmation that the damaged goods have been returned.
4.4 Risk of loss and damage of goods passes to you on the date when the goods are accepted as delivered.
4.5 Robert Owen Marine LTD does not guarantee fixed delivery times or dates. Time of delivery shall not be of the essence of the contract.
5. EVENTS BEYOND OUR REASONABLE CONTROL
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by events beyond our reasonable control (a “Force Majeure Event”).
5.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, but without limitation, the following:
5.2.1 strikes, lock-outs or other industrial action;
5.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack;
5.2.3 war (whether declared or not), threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
5.2.4 nuclear, chemical or biological contamination or sonic boom;
5.2.5 acts of God, including but not limited to, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
5.2.6 collapse of building structures, failure of plant or machinery, computers or vehicles;
5.2.7 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5.2.8 impossibility of the use of public or private telecommunications networks;
5.2.9 acts, decrees, legislation, regulations or restrictions of any government;
5.3 Our performance under any contract is deemed to be suspended for the period the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
5.4 We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
6. PRICE AND PAYMENT
6.1 The price of any goods will be as quoted at the time we receive your order, except in the cases of obvious errors.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
6.3 Payment, when placing an order, can be made by any method specified in this website. Payment is required in full at the time of ordering.
6.4 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses, to or does not for any reason authorise payment to us, we will not be liable for any delay or non-delivery.
6.5 All prices include VAT, where applicable, at the applicable current rates but exclude delivery charges, which will be added to the total amount due.
7. CONFORMITY OF GOODS INFORMATION
7.1 We shall use reasonable endeavours to ensure that the description and specification of our goods are correct at the time of publication. However, specifications and descriptions of goods on this website are not intended to be binding and are intended only to give a general description of the goods.
7.2 While the colour reproduction of the goods is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
8.1 All goods are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any goods in a business or public environment
9.1 All goods are subject to availability. Availability is usually advised when placing an order but if this is not possible, we will advise of any delay as soon as is reasonably practicable.
9.2 In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
10. RIGHTS TO CANCEL, RETURNS, REFUNDS AND EXCHANGES
10.1 Orders may be cancelled at any time prior to dispatch.
10.2 If you are not entirely satisfied with your purchase, you may cancel your order for up to thirty working days, starting on the day after the goods were received. We will be happy to offer you an exchange or refund. We recommend that you obtain proof of postage when returning goods, as we cannot accept responsibility for goods lost in transit.
10.3 If you have opened any boxes to examine the goods this must have been done without damaging the contents in any way. We reserve the right to refuse all returns which fall outside these requirements.
10.4 For all returns, except where the goods display a manufactures fault or faults, you will be required to arrange and pay for the return of goods to us.
10.5 If you return the whole order, where the goods are not faulty, we will not refund the delivery charge as this part of our service to you has been completed.
10.6 Faulty goods returned to us will be refunded in full, including:
10.6.1 a refund of the delivery charges for sending the goods to you; and
10.6.2 the cost incurred by you in returning the goods to us. For this we will require a receipt of postage.
10.7 Please take care to read goods care information labels, as we will not give a refund for, or exchange, goods that have been damaged when cleaning, ironing or in the wash if goods care instructions have not been adhered to.
10.8 If exchanging goods, and the new goods you require costs less than those you have returned, we will refund to you the difference. If exchanging goods, and the new goods you require costs more than those you have returned, you will be required to pay the difference.
10.9 To cancel a contract, you must inform us within the thirty-day period, of your decision to cancel, and include your order reference. Such cancellation must be..
10.9.1 by email to:-
10.10 If you cancel your order in accordance with this section, your payment for the order will be refunded in full within 30 days.
10.11 This provision does not affect your statutory rights.
10.12 All goods must be returned and accepted by us within ten working days of the order cancellation. We reserve the right to refuse goods that are returned outside of this period.
10.13 The return of wetsuits during covid restrictions is not possible, please do call us on 01766513435 to make sure you are getting the correct size.
11. MAKING RETURNS
11.1 When returning goods, please package the goods in the original packaging.
11.2 If the goods are faulty, please state clearly what the fault is and try to package the goods so that it can be seen. Pack the goods securely in a parcel, enclose the returns note and send back to: Robert Owen Marine, The Harbour, Porthmadog, Gwynedd, LL49 9AY
11.3 Any goods that have not been packed correctly and have been damaged on return cannot be exchanged or a refund given.
12.1 We believe strongly in protecting our customers’ and web-site users’ privacy. We will not wilfully disclose information about you to any third party without first receiving your consent.
12.2 All personal information such as your name, e-mail address, billing address, delivery address, telephone number, goods selections, credit card or other payment information and any password that you provide to us will be treated as private and confidential.
12.3 We use industry standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current UK Data Protection legislation and guidelines.
12.4 We use your information only for the following purposes:
12.4.1 Processing your orders accurately and efficiently;
12.4.2 To hear your opinion about our goods and services;
12.4.3 If you consent, to notify you of new goods or special offers that we think you will find of interest;
12.4.4 To administer this website.
12.5 We cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing, or ordering, from this website, unless this is solely due to our negligence. You should ensure at all times that you run upto-date security software on your computer.
12.6 Where applicable we may, by law, be forced to disclose certain information to the government, law enforcement agencies or other third parties. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications to always remain private.
12.7 You will only receive promotional information from us if you consent to do so.
12.8 If you would like to check the details that we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary. We can provide you with a readable copy of the personal information that we keep about you within 30 working days, although we will require proof of your identity and any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge, such charge not to exceed £10, in order to provide this information to you.
12.9 If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the website where the data is collected or by communicating with you by email.
12.10 We never pass, disclose or sell our customers’ personal details to any marketing lists.
12.11 If all, or substantially all, of our assets used to operate our business are acquired by a third party then your personal information may be transferred to that third party.
13.1 No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.1 If any provision of these terms and conditions, or part of any provision, is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
14.2 If a provision of these terms and conditions, or part of any provision, is found illegal, invalid or unenforceable, we shall inform you and amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the original commercial intention.
15. ENTIRE AGREEMENT
15.1 These terms and conditions constitute the whole agreement between us and supersede all previous agreements between the parties relating to its subject matter.
15.2 You acknowledge that, in entering into a contract for the purchase of goods, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty, whether made negligently or innocently, other than as expressly set out in these terms and conditions.
15.3 Nothing in this clause shall limit or exclude any liability for fraud.
16. GOVERNING LAW AND JURISDICTION
16.1 Contracts for the purchase of goods through our website will be governed by English and Welsh law.
16.2 The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or from any contract for the purchase of the goods although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms and conditions are governed by English and Welsh law.
17.1 If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number +44 01766 513435 or on [email protected]