Boatworld General Terms & Conditions of Sale

THE BOATWORLD PROMISE: Customers are important to us; without you, we would not exist. We use our best endeavours to provide the right equipment at the right price. Occasionally, things go wrong, and when they do, we promise to do our utmost to put them right fairly and efficiently.

Definitions

Business Days: Monday to Friday, excluding public holidays in England.

Contract: The agreement between you and us for the purchase and sale of Goods.

Delivery: The transfer of physical possession of the Goods from us to you.

Goods: The products, items, or equipment you order or purchase from us.

Order: Your request to purchase Goods from us via our website, telephone, or in-store.

We/Us/Our: Xcite Sports Ltd t/a Boatworld.

You/Your: The customer (Consumer or Trade) purchasing Goods from us.

1. Our Contract

• 1.1 Scope: These Terms and Conditions govern the supply of goods sold by Xcite Sports Ltd t/a Boatworld (No. 7508095) of Unit 1 & 2 Smeckly Wood Close, Sheepbridge Trading Estate, Chesterfield, S41 9PZ (we and us) to the customer (you). Our VAT number is GB107124652.

• 1.2 Formation of Contract: All orders placed by you (whether in-person, by telephone, or via our website) are subject to acceptance by us either:

• 1.2.1 By delivery of the goods to you; or

• 1.2.2 By providing the goods to you at the trade counter. At which point, a legally binding contract is constituted.

• 1.3 Non-Acceptance: The processing of your payment and acknowledgement of your order (including automated emails) does not constitute legal acceptance. We reserve the right to decline an order for any reason until the point of dispatch or hand-over.

2. Pricing & Payment

• 2.1 VAT: All prices include VAT at the prevailing rate unless stated otherwise.

• 2.2 Pricing Errors: We are not responsible for typographical or pricing errors. We reserve the right to cancel orders and issue full refunds if an item was incorrectly priced.

• 2.3 Deposits: All deposits  are non-refundable where we have incurred specific administrative or stock-holding costs, subject to your statutory rights.

3. Delivery & Redelivery

• 3.1 Delivery Estimates: All delivery dates provided are estimates only. None of our couriers (including FedEx and Royal Mail) offer a guaranteed delivery service. We are not responsible for any losses or damages incurred if these estimates are not met.

• 3.2 Timelines: We aim to deliver within 30 days unless a longer lead time is agreed. Delays caused by courier networks, weather, or operational issues are beyond our reasonable control.

• 3.3 Courier Claims & Delays:

• 3.3.1 FedEx: We must be notified of a delay within 3 days of the expected delivery date; a claim cannot be finalised until 7 working days have passed.

• 3.3.2 Royal Mail: A parcel is not deemed "lost" until 10 business days after the estimated due date has passed.

• 3.3.3 Buffer: We reserve the right to wait up to 14 working days after the latest estimated delivery date before re-dispatching goods or issuing a refund.

• 3.4 Failed Delivery: If a courier makes two unsuccessful delivery attempts, any further re-delivery charges will be your responsibility.

• 3.5 Risk & Title: Responsibility for the goods passes to you upon delivery. Ownership passes only once we have received payment in full.

• 3.6 Installation: We strongly advise against scheduling installers until you have received and checked the goods.

• 3.6.1 We are not liable for "fitter's fees", delay costs, or any damage caused by third parties during installation.

• 3.6.2 Items must be inspected before installation begins; we cannot accept liability for damage discovered after a third-party fitter has handled or installed the product.

4. Damaged in Transit

• 4.1 Immediate Inspection: You must inspect the condition of the packaging and the goods themselves immediately upon delivery.

• 4.2 Signing for Goods: If packaging appears compromised, we recommend signing as "DAMAGED". If the courier does not allow this, please check the contents before the driver leaves.

• 4.3 Reporting Window: Transit damage must be reported within 24 hours of delivery. This window allows us to comply with carrier claim requirements.

• 4.4 Evidence Required: Clear photographic evidence must be sent to support@boatworld.co.uk, including:

• 4.4.1 External packaging and shipping label;

• 4.4.2 Internal protection; and

• 4.4.3 Specific damage to the item.

• 4.5 Resolution Process: Once reported, we will offer a repair, a replacement, or a refund at our discretion based on the nature of the damage.

5. Warranties

• 5.1 Branded Goods: Goods not manufactured by Boatworld carry the manufacturer’s warranty. Final decisions rest with the manufacturer.

• 5.2 Own-Brand Goods: Boatworld, Orca, BluThru and Xcite Sports products feature a standard 12-month manufacturing warranty against defects in materials and workmanship.

• 5.3 Extended Protection: Specific own-brand products offer an Extended Warranty if registered within 30 days of purchase. If not registered, liability is limited to the standard 12-month period.

• 5.4 Warranty Exclusions: Warranties do not cover: wear and tear; misuse or neglect; extreme weather/UV damage; commercial or racing use; or unauthorised modifications.

• 5.5 Warranty Return Procedure: All warranty claims require the product to be returned to our warehouse for assessment unless agreed otherwise in writing..

• 5.5.1 Procedure: You must  the warranty claim form on our website..

• 5.5.2 Inspection: Once received, our technicians will inspect the item.

• 5.5.3 Resolution: Valid defects will be repaired; if repair is impossible, we will provide a replacement.

• 5.5.4 Postage Reimbursement: For confirmed manufacturing defects, reasonable economy postage charges for the return will be refunded.

• 5.5.5 Return Shipping: We will ship the repaired/replaced item back at our expense.

6. Consumer Rights - Cancellation (Cooling-Off Period) - Consumers Only

• 6.1 Applicability: This section applies solely to Consumers (individuals acting for purposes outside their trade, business, craft, or profession).

• 6.2 Notification Period: Consumers have the right to cancel within 14 days of receiving goods.

• 6.3 Return Window: You have a further 14 days from notification to return the goods to us.

• 6.4 Condition: Items must be in resalable condition (unused, original labels/tags).

• 6.5 Packaging: Items must be returned in original packaging.

• 6.5.1 Use clear tape only to reseal; coloured or duct tape may result in a packaging replacement charge.

• 6.6 Handling Fees: If value is diminished by excessive handling (e.g., used in water), we reserve the right to deduct a diminished value fee in accordance with the Consumer Contracts Regulations.

• 6.7 Refunds: We refund the price of goods plus standard outbound delivery. Premium delivery surcharges are non-refundable.

• 6.8 Return Costs: You are responsible for return postage of non-faulty goods.

7. Consumer Rights - Faulty Goods - Consumers Only

• 7.1 Applicability: This section applies solely to Consumers. Trade customers should refer to Section 8.

• 7.2 Within 30 Days of Receipt: You are entitled to a full refund or replacement under the "short-term right to reject."

• 7.3 30 Days to 6 Months: The item will first be repaired; if a repair is not possible, a replacement will be provided. If neither is possible, a refund will be issued.

• 7.4 After 6 Months: You must demonstrate and evidence that the fault was present at delivery. Statutory rights expire 6 years from purchase (5 years in Scotland).

• 7.5 Postage: Reasonable return postage is reimbursed for confirmed faults.

8. Trade Customers (B2B Specific Terms) - Trade Customers Only

• 8.1 No Cooling-Off: Statutory cancellation rights do not apply to business transactions.

• 8.2 Discretionary Returns: Returns for non-faulty goods are at our absolute discretion, requested within 14 days, and subject to a 15% restocking fee.

• 8.3 Inspection Window: Trade customers must inspect goods within 3 working days of delivery. Failure to notify us constitutes unconditional acceptance.

• 8.4 Payment & Late Fees: We reserve the right to charge interest on overdue payments at 8% above Bank of England base rate.

• 8.5 No Set-Off: You may not withhold payment of any invoice by reason of set-off or counterclaim.

• 8.6 Liability Cap: Our total liability shall be limited to the price paid for the goods under the relevant order.

• 8.7 Indirect Loss: We are not liable for loss of profits, business interruption, or consequential loss.

• 8.8 Implied Terms: All warranties implied by statute (e.g., Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

• 8.9 Indemnity: You agree to indemnify us against all losses arising from the resale or installation of goods.

• 8.10 Account Termination: We reserve the right to terminate any trade account or stop supply at any time and for any reason at our sole discretion.

9. Website Use & Digital Policies

• 9.1 Intellectual Property: All Site content is the property of Xcite Sports Ltd. Reproduction is prohibited without written permission.

• 9.2 User Accounts: You are responsible for account security. We may suspend accounts violating these Terms.

• 9.3 Privacy (UK GDPR): We process personal data in accordance with the Data Protection Act 2018 and the UK GDPR. See our full Privacy Policy on the Site.

10. Dispute Resolution Procedure

• 10.1 Informal: Contact our Customer Services team first via support@boatworld.co.uk.

• 10.2 Formal: If unresolved, a formal written "Notice of Dispute" must be provided.

• 10.3 Mediation: If unresolved after 30 days, parties shall attempt mediation via CEDR.

• 10.4 Legal Action: Court proceedings shall not commence until mediation has been attempted and either terminated or failed.

11. General Legal Provisions

• 11.1 Entire Agreement: These terms and your order confirmation constitute the entire agreement.

• 11.2 Severability: If any provision is found invalid, it shall be modified to make it enforceable; if not possible, it shall be deleted without affecting the remaining terms.

• 11.3 Waiver: No delay in exercising a right constitutes a waiver.

• 11.4 Force Majeure: We are not liable for delays caused by events beyond our reasonable control (e.g., natural disasters, pandemics).

12. Governing Law and Jurisdiction

• 12.1 Applicable Law: These Terms are governed by the laws of England and Wales.

• 12.2 Jurisdiction: The courts of England and Wales have exclusive jurisdiction.

13. Contact Information

Address: Boatworld Returns, Unit 1-2 Smeckly Wood Close, Sheepbridge Trading Estate, Chesterfield, S41 9PZ, United Kingdom.

Tel: +44(0)1246 453815

Email: support@boatworld.co.uk

These terms do not affect your statutory rights.