Consumer Terms and Conditions of Sale
In these terms where we refer to “products” we mean the synthetic decking you have purchased from us and asked us to install. This contract is for the purchase of the products and our installation of them.
1.1. What these terms cover. These are the terms and conditions on which we supply and install the products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.Information about us and how to contact us
2.1. Who we are. We are Elite Marine Solutions Limited a company registered in England and Wales. Our company registration number is 08095441 and our registered office is at 498b Blandford Road, Poole, Dorset, BH16 5BN, UK. Our registered VAT number is GB 172 4306 26.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44 1202 232279 or by writing to us at the above address.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.Our contract with you
3.1. When our contract with you is formed. Our contract with you will be formed when we accept your order as detailed in clause 3.2. Please note once you have placed your order with us we will be placing orders for the products with manufacturers or starting production of the products based on measurements and/or templates taken by us or provided by you at the time of placing your order. It is therefore important that you do not make changes to any areas where the products are to be installed as this may affect whether or not the products fit and we may have to charge you for replacements. Please see clause 4.1 below.
3.2. How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. We may be unable to accept your order for example if the product or components are out of stock. If this is the case, we will call you and offer you the chance to re-select. If you do not want to re-select or if we are unable to accept your order for any other reason (for example because we have identified an error in the price or description of the product), we will let you know and we will not charge you for the product. We will always try and contact you on the phone number you have given us first and if we can’t contact you on that within a reasonable time, we will write to you.
3.4. Your order number. We may assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1. Your rights to make changes Please note that the measurements/templates which your products are produced to are based either on measurements/templates taken by us at the time we visit your premises or, where you have provided the measurements/templates, the measurements/templates that you provide. After this date, no changes to decks or surrounding infrastructure should be made as it could affect the measurements/templates and the basis on which your products are being produced. If you intend to make changes to your deck after measurements/templates have been taken, or if you realise an error in measurements/templates you have provided, please contact us. If the manufacturer permits, or we haven’t yet started production, we will re-submit measurements/templates but we will need to charge you for re-measuring. If the manufacturer does not permit the change or we have already started production there may be a charge for replacements.
4.2. If you wish to make any other changes to the products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.Our rights to make changes
5.1. Minor changes to the product. We may change the product:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
5.2. More significant changes to the product and these terms. In addition, we may make more significant changes to these terms or the products, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6.Providing the products
6.1. When we will provide the products. During the order process we will let you know when we will provide the products to you (which may be prior to the installation date) and install them. If there is going to be a delay beyond the agreed time of the delivery of the products which will affect the agreed installation date, we will let you know as soon as possible.
6.2. We are not responsible for delays outside our control. If our delivery or installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.3. If you do not allow us access to install. If you do not allow us access to your property or we are otherwise unable to access the installation site as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result including waiting time. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 14.2 will apply.
6.4. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us. You must ensure that any goods left at your premises during installation which you have not paid for are kept in a secure and weathertight environment.
6.5. When you own the products. You own the products once we have received payment in full.
6.6. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you and install them for you, for example, confirmation of your chosen colour, design and location of the boat. If so, this will have been stated in the description of the products on our website or by our representative. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 14.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.7. Reasons we may suspend the supply of products and/or installation of them to you. We may have to suspend the supply or installation of a product to:
6.7.1. deal with technical problems or make minor technical changes;
6.7.2. update the product to reflect changes in relevant laws and regulatory requirements;
6.7.3. make changes to the product as requested by you or notified by us to you (see clause 4).
6.8. Your rights if we suspend the supply of products and/or installation of them. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. Delays in the delivery of the products which we are to install may affect any planned installation dates but we will let you know.
6.9. We may also suspend supply of the products and/or installation of them if you do not pay. If you do not pay us for the products when you are supposed to (see clause 7.6) and you still do not make payment within 30 days of us reminding you that payment is due, we may also charge you interest on your overdue payments (see clause 7.8). This does not affect you rights to dispute the unpaid invoice (see clause 7.9).
7.Price and payment
7.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 7.5 for what happens if we discover an error in the price of the product you order.
7.2. Delivery and installation costs. The costs of delivery and installation will be as told to you during the order process.
7.3. Expenses. In addition to the price, we will charge expenses for providing the product including, but not limited to, travel, marina fees, accommodation. We will provide an estimate of likely expenses in the order. The total costs for expenses will be added to the price and shown on the invoice which will be payable in accordance with clause 7.6.
7.4. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
7.5. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract and refund you any sums you have paid.
7.6. When you must pay. Unless specified otherwise in writing, you must make an advance payment of 50% of the price of the products, 14 days before the installation date indicated to you. We will invoice you for the balance of the price 15 days after we have completed installation of the products. You must pay each invoice within 14 calendar days after the date of the invoice.
7.7. How you must pay. You can pay us by any of the following methods.
7.7.1. Credit/ debit cards: We accept payment with most major debit or credit cards.
7.7.2. Bank Transfer: If you pay us by bank transfer we will not process your order until the payment has cleared in full.
7.7.3. Direct debit: If you pay us by direct debit we will not process your order until the payment has cleared in full.
Any charges for using a particular payment method in addition to the price will be as told to you during the order process.
7.8. We can charge interest if you pay late. If you do not make any payment to us or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of as set by HSBC UK Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.9. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
8.Your rights to end the contract
8.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with what you have bought, how we are performing and when you decide to end the contract:
8.1.1. if you want to end the contract because of something we have done or have told you we are going to do, see clause 9;
8.1.2. if you have just changed your mind about the product, see clause 10. You may be able to get a refund if you are entitled to cancel and are within the cooling-off period, but this may be subject to deductions;
8.1.3. in all other cases (if we are not at fault and there is no right to change your mind), see clause 11;
8.1.4. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12.
9.Ending the contract because of something we have done or are going to do.
9.1. If you are ending a contract for a reason set out at 9.1.1 to 9.1.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
9.1.1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
9.1.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
9.1.3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
9.1.4. we have suspended supply of the products for technical reasons; or
9.1.5. you have a legal right to end the contract because of something we have done wrong.
10.Your legal right to change your mind
10.1. The right of cancellation under clause 10.2 is in addition to any other legal rights you may have under law in relation to this contract. If you are unsure of your rights you can contact the Citizen’s Advice Bureau who may be able to assist.
10.2. For most products bought off-premises you have a legal right to change your mind and cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Price) Regulations 2013 for any reason, at any time up to fourteen days of the day after you receive our acceptance of your order as detailed in clause 3.2, (your “cooling off period”). To let us know that you have cancelled you just have to let us know that you have decided to cancel and you can do this by cancelling in any of the ways listed in clause 12.
10.3. This right will not apply where the products are made to your specifications or are clearly personalised.
10.4. We will not place any orders until the day on which your cooling off period in clause 10.2 expires, unless you have expressly asked us to do so in writing in which case see clause 11.
10.5. If you have asked us to proceed before the cooling off period expires we can do so, but you may incur additional costs if you cancel after that.
10.6. If you cancel this Contract in line with your legal rights as detailed in clause 10.2 above, then we will reimburse to you all payments received from you:
10.6.1. if we have started the process of supply or started to supply to you before we have received your cancellation, fourteen days after we have stopped supplying you; or
10.6.2. If we have not started to supply you with the Service then 14 days after we receive your notice of cancellation.
10.7. We will make the re-imbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this re-imbursement.
11.What happens if you end the contract without a good reason.
11.1. If you are not ending the contract for one of the reasons set out in clause 9 or 10, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
12.If there is a problem with the product
12.1. How to tell us about problems. Where you are permitted to cancel the contract, we accept cancellations via phone, e-mail or post or you may wish to use the Cancellation Form detailed in clause 12.2. When cancelling, please provide your name, home address, details of the order and, where available, your phone number and email address.
12.2. Cancellation Form. You can use this form to cancel by either printing it off and posting it to us at the address on the form or emailing it to us. It is available at https://elitemarinesolutions.com/legal
12.3. Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
13.1. If you wish to exercise your legal rights to reject products, or where we have terminate the contract under clause 14, you must allow us to uninstall any products and collect them from you. We will arrange a time and date for uninstallation at which time you must allow us access. You must not attempt to uninstall products.
13.2. Other than where you cancel under clause 11 or where we terminate the contract under clause 14, we will pay the costs of uninstallation and collection.
14.Our rights to end the contract
14.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
14.1.1. you do not make any payment to us OR we are unable to collect payment from you when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
14.1.2. you do not, within a reasonable time, provide us with information requested by us in accordance with clause 6.6; or
14.1.3. you do not, within a reasonable time, allow us to deliver the products to you and install them.
14.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.Our responsibility for loss or damage suffered by you
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2. Our limit of liability to you. Our liability to you for loss or damage that we are responsible to you for as detailed in clause 15.1 above, is limited to the price paid by you for the products, except in relation to damage to your property as detailed in clause 15.3.
15.3. When we are liable for damage to your property.
15.3.1. If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.3.2. Our limit of liability to you for which we are responsible as detailed under clause 15.3.1 is limited to £50,000 or the value of the job, whichever is higher.
15.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, and for defective products under the Consumer Protection Act 1987.
15.5. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.How we may use your personal information
16.1. How we will use your personal information. We will use the personal information you provide to us:
16.1.1. to supply the products to you;
16.1.2. to process your payment for the products; and
16.1.3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
16.2. We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
16.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
17.Other important terms
17.1. Images of products. By entering into the contract you are agreeing to us using images of your boat and the products in whatever format and media we wish.
17.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.3. You need our consent to transfer your rights to someone else (except that you can always transfer any guarantee that we may issue with the products from time to time however we request that you notify us prior to doing so). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.4. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Version 1.1 – updated 1st December 2017