Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE DRAW YOUR ATTENTION TO YOUR RIGHTS OF RETURN AND CANCELLATION IN CLAUSE 7 AND THE LIMITS TO OUR LIABILITY IN CLAUSE 8.
Definitions: For the purpose of these Terms and Conditions, the following terms shall have the following meanings:
- Business Days: Monday to Friday, excluding public holidays.
- Contract: The agreement between you and us for the purchase and sale of goods.
- Delivery: The transfer of goods from us to you.
- Goods: The products or items you order from us.
- Order: Your request to purchase Goods from us.
- We/Us/Our: Xcite Sports Ltd t/a Boatworld.
- You/Your: The customer purchasing Goods from us.
1. Our Contract
1.1 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 GB107 1246 52.
1.2 All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable): (i) by delivery of the goods to you; or (ii) by providing the goods you have purchased to you at the trade counter, at which point a legally binding contract is constituted between you and us.
1.3 The processing of your payment and acknowledgement of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
2. Ordering
2.1 On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “Place order and pay” button on the checkout page.
2.2 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3. Price & Payment
3.1 The price you pay for your order is the price displayed in-store or on our website at the time of purchase. Prices in our catalogues are correct at the time of printing, but may have changed since then. For the most accurate pricing information, please visit the product page on our website. All prices include the current applicable VAT rate unless otherwise stated.
3.2 We may accept a deposit on certain items, such as out-of-stock goods or large purchases (e.g., our Compass boat range). Deposits are non-refundable unless the order is cancelled by us, the goods are unavailable, or an agreement in writing is made otherwise.
3.3 Catalogue prices are correct at the time of going to press. We reserve the right to update prices in future catalogues, which will supersede previous catalogues. Prices for commodity goods, such as copper, may change due to market conditions, and we will confirm the prevailing price before accepting your order.
3.4 Occasionally, we may advertise goods at a promotional price. You must quote the relevant promotion code; otherwise, you may be charged the full price.
3.5 Occasionally, an error may occur, and goods may be incorrectly priced or described. In such cases, we are not obliged to supply goods at the incorrect price or description. We will either cancel your order and refund your payment or ask if you wish to continue with the correct price/description. If we cannot contact you or you do not wish to proceed, we will cancel the order and refund the price paid.
3.6 Full payment is required for the price of the goods and delivery charges before your order can be processed, unless otherwise agreed in writing.
3.7 For website orders, payment can be made by major credit/debit cards, PayPal, or Klarna. For email or telephone orders, payment can be made via a secure payment link processed through Stripe, which will be emailed to you along with your invoice. Alternatively, you may pay via bank transfer.
3.8 By using a credit/debit card or PayPal, you confirm that the account is yours or that you are authorised to use it.
3.9 All credit/debit cardholders are subject to validation checks. If the card issuer or PayPal refuses to authorise payment, we will not accept your order. We are not liable for the failure to authorise payment.
3.10 We recommend that you do not communicate payment card details or PayPal details by email. We cannot be responsible for any losses you incur in transmitting such information.
3.11 If you are a trade customer, you are responsible for all orders placed by your employees and purchases made on cards issued to you. We are not bound by any individual order limit imposed by you.
3.12 As a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set-off or counterclaim.
3.13 We shall be entitled to set off any debt or claim against any sums due from us to you.
3.14 The format of our invoices and statements is solely determined by us.
4. Delivery & Title
4.1 Unless you choose to collect the goods from one of our trade counters (including via our Click & Collect or Call & Collect service) and except in exceptional circumstances (Exceptional circumstances include but are not limited to natural disasters, supply chain disruptions, or unforeseen manufacturing delays.), we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.
4.2 Before placing your order, please refer to the delivery options set out on our website and in our catalogues to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If the delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the Goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the Goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.
5. Availability
5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
6. Manufacturer’s Warranties & Guarantees
6.1 Some of our goods are sold with a manufacturer’s warranty, guarantee, or similar assurance, subject to the terms and conditions set by the manufacturer. By purchasing a product or submitting a warranty claim, you agree to these terms and conditions.
6.2.1 For warranty claims, queries, or complaints, please contact the manufacturer directly. We can provide you with the necessary contact information.
6.2.2 Boatworld, Orca, and Xcite sports branded products are manufactured by Xcite Sports Ltd. Please refer to our warranty terms and conditions for more information regarding this.
6.3 Manufacturer’s warranties are in addition to your legal rights if you are a consumer.
6.4 Some products may feature an extended manufacturer’s warranty, which needs to be registered within 28 days of purchase. Please refer to the product documentation for more information.
7. Cancellation, Returns & Refunds
7.1 You have the right to cancel your order and return the items purchased within 14 days of the date the item is dispatched to you. The 14-day period starts the day after the item has been dispatched. After the 14-day period, you lose your right to cancel, unless otherwise agreed with Boatworld in writing.
7.2 If you make a delivery claim for a failed delivery or similar issue, exceptions may apply. Any exceptions must be agreed with Boatworld in writing.
7.3 To cancel, you can notify us via post, phone, or email (contact details provided in clause 15). You may also cancel in person at a trade counter. If you are cancelling due to a problem with the goods, please notify us of the issue when cancelling.
7.4 If you cancel your order and have received the goods, you must return them to us at your cost (unless clause 7.10 applies) within 14 days from the cancellation date, in their original packaging (unless we agree otherwise). You must return all components, promotional items (including free gifts), and discounted products. For return options, see our Returns section. You may return smaller items by post and larger goods via our carrier pick-up service. A fee may apply for the carrier pick-up service, depending on the returned goods.
7.5 We will refund the price paid for the cancelled goods, minus any applicable charges, within 14 days of the goods being received by us.
7.6 We will never refund delivery charges. If you cancel an order and request us to arrange for the collection of the goods, we may agree to refund you the cost of the goods, minus the collection charges.
7.7 If you cancel the order before the item has been dispatched, we will refund the delivery fee along with the price paid for the goods.
7.8 Your cancellation rights do not apply to goods that are:
- Custom-made, cut, mixed to your specifications, or personalised (e.g., made-to-order products);
- Not suitable for return due to hygiene or health protection reasons (e.g., water pumps, toilets, macerators) if the packaging has been opened;
- Sealed products that cannot be returned due to health protection reasons once opened (e.g., opened food or cosmetics).
7.9 If you cancel an order for goods delivered directly from a supplier, please contact us, and we will arrange collection. A collection charge may apply, depending on the goods returned.
7.10 Any donations made to charity in connection with your order are non-refundable, even if you cancel your order.
7.11 If your goods are faulty or incorrect, we will cover the return delivery costs but ask that you use our nominated carrier. Your right to return faulty goods is not limited to the 14-day period in clause 7.1.
7.12 If you notify us of a fault within 14 days of delivery or collection, you may reject the goods and receive a full refund, or we can provide a replacement.
7.13 If the product develops a fault after 14 days, we may offer a repair or replacement. If the manufacturer provides a helpline or warranty service, we may ask you to contact the manufacturer directly, or we can assist with this. If no service or warranty exists, we will either repair or replace the item with the same or equivalent model, depending on availability.
7.14 This cancellation policy does not affect your legal rights as a consumer.
8. Liability
8.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade, or profession), to the extent not prohibited by law, we accept no liability for any:
- Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
- Loss which arises when we are not at fault or in breach of these Terms and Conditions;
- Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).
8.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.
8.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any:
- Loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or
- Indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
8.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.
8.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
8.6 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
8.7 If you are a trade customer and subject to clause 9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
9. Age Requirements for Specific Goods
9.1 Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives, and knife blades, you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.
9.2 For age-restricted goods, we may request proof of age, such as a valid ID, or a signature from an adult upon delivery. We reserve the right to cancel your order or purchase if you are unable to present valid ID or do not meet the age restrictions of certain goods.
10. Termination
10.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
11. Events Beyond Our Control
11.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
12. Disposal of Electrical and Electronic Equipment
12.1 The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF).
Where special facilities exist for correct disposal. To find your nearest DCF please visit the following website: www.recycle-more.co.uk.
13. General
13.1 If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.
13.2 All prices advertised on our website (www.boatworld.co.uk) are accurate and up-to-date at the time of viewing. Historical pricing information may be available upon request. Please contact our customer service team for further details.
13.3 All images are for illustration purposes only. Contents/accessories shown in images are not included unless stated in the product description.
14. Contact Details
14.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at Boatworld, Unit 1 & 2 Smeckly Wood Close, Sheepbridge Trading Estate, Chesterfield, S41 9PZ, by phone on +44 (0)1246 453 815, or by email at [email protected]. Calls may be recorded for quality and training purposes.
15. Privacy Policy
15.1 When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety available at https://www.boatworld.co.uk/privacy-policy/ or ask in store or phone +44 (0)1246 453 815.
VAT: All prices include VAT at 20% (except where indicated), subject to change in taxation.
16. Alternative dispute resolution
16.1 We are committed to resolving any complaints about your transaction fairly and efficiently. If you are not satisfied with our initial response, we encourage you to contact us to discuss alternative dispute resolution options such as mediation or arbitration.
© Xcite Sports Ltd t/a Boatworld. Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written permission. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from those shown. All products subject to availability. Boatworld is a trading name of Xcite Sports Ltd., registered in England No. 07508095.