Terms and Conditions of Sale by Ocean Play
PLEASE READ THESE TERMS CAREFULLY.
This paragraph summarises some of the more important provisions you need to know. However, you should read our full terms and conditions before placing your order.
1. If you place an order or with us or accept Products or Services, these TCS apply and prevail over all other terms unless we prior agree to changes in writing with you.
2. Title to Products and withdrawal of our lien over goods is only made after payment in full for all Products and Services.
3. It is your sole responsibility to satisfy yourself that any Products or Services are correct and suitable for the purposes for which you want them.
4. If you order any customised Products or Services, the charges will be non-refundable.
5. Any promotional prices will also be subject to special terms that apply to that promotion which may prevail over the T&Cs in the event of conflict.
6. Prices may be subject to change, but we will take reasonable steps to notify you.
7. We can keep and hold a lien over any of your property until such time you pay us but if you don’t pay us within 3 months we can sell your products and/or property to recover the money you owe us.
8. We will replace or repair (to be determined at our sole discretion) any defective Product within the Warranty Period.
9. Unless we are required by law, the maximum liability we will ever have to you is the amount of money you have paid to us.
10. These TCS do not affect your statutory rights.
YOUR CANCELLATION RIGHTS ARE SET OUT IN CLAUSE 9 AND THE LIMITS OF OUR LIABILITY ARE SET OUT IN CLAUSE 11.
FULL TERMS AND CONDITIONS
1. Words used in these Terms
1.1 In these Terms:
you or your means you.
we, us or our means The Ocean Play Co Ltd a company incorporated under the laws of England (number14469348) of Premier Way, Abbey Park Industrial Estate, Romsey, Hampshire, SO51 9DQ.
Shipping Charges list means the list of delivery charges (excluding large and heavy single items or multiple items that together are large and/or heavy) that will apply to delivery of our Products and goods on which Services are provided, details of which can be found posted on a Website, and which form part of the T&Cs.
IP means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, designs, database rights, confidential information (including know-how and trade secrets), and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future throughout the World.
Order means an order placed by you for Product(s) or Services in store, through our Website, by phone, PDA or using such other means as we may permit from time to time.
Agreement means the agreement between you and us as defined above and in clause 2.1.
Product means the goods, products and parts thereof that we offer to supply and all products, goods and parts thereof in connection with which we provide Services.
Service(s) means the services that we offer or provide.
TCS means these terms and conditions.
T&C means the terms and conditions of the Agreement (including the TCS)
Website means the websites with the URL www.OCEANPLAY.CLUB (or such other URL as we may specify, publish or display from time to time).
1.2 References in these terms to Ocean Play or we, us, or our refer to The Ocean Play Co Ltd. References to Customer, or you refer to you, the Customer.
1.3 A “person” includes a natural person, corporate or unincorporated body.
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1.5 The words “include” and “including” (or similar) will be deemed to have the words “without limitation” after them.
1.6 A reference to “writing” or “written” includes faxes and e-mail.
1.7 References to clauses, subclauses and Schedules are unless otherwise stated references to clauses, subclauses and schedules to this agreement.
1.8 Headings are for convenience only and shall not affect the interpretation of this Agreement.
2. Our Agreement
2.1 All supply by us, and orders by you for any Product and/or Service including those placed through the Website, by phone, PDA, in person or otherwise, are subject to the T&Cs, which T&Cs are deemed to be incorporated into all transactions between you and us, including any documentation relating to any transaction. By placing an order with or purchasing or obtaining any Product/Services from us, or responding to any promotion, advertising or any advert by us, you thereby agree that the T&Cs apply and form our agreement with you; the acceptance by us of your order is subject to that agreement by you to these T&Cs of sale. Any changes to the Agreement will not apply unless prior approved in writing by us.
2.2 Due to the continuing evolution of the market, we reserve the right to and may change the design, material, specification or construction of our Products without incurring any obligation to incorporate such changes in Products already built or in use.
3.1 Your Order is an offer to purchase from us and it does not form an Agreement with us until we accept the Order in accordance with this clause at which time you accept the T&Cs. The contract between us is only created once we commit to send you the Products or agree to provide the Services (as the case may be) you ordered, and not before. You must pay in full (with no deductions) for your Order before any title to Products passes from us or before our lien can be removed. An acknowledgement of your Order is not an acceptance of an Order.
3.2 Where you place an order:
3.2.1 in store, we accept your Order when we confirm acceptance and readiness to provide the Products.
3.2.2 via our Website, phone, PDA, online portal, digital site, or otherwise, your Order is accepted when we notify you that the Products are ready for dispatch or collection (as the case may be).
3.2.3 for Products which are cut, made to measure, coloured or otherwise customised to your specification, we accept your Order seven days after the date of your Order or when we start to cut, make, mix, treat, colour or customise those Products, whichever is earlier.
3.2.4 for Services (or Services comprising Product), we accept your Order when we confirm acceptance and readiness to provide the Services.
3.3 We may in our sole discretion choose not to accept your Order or cancel your Order in whole or in part for any reason and we will not be liable to you or to anyone else in any way or for any direct, indirect or consequential loss damage or costs should we refuse or cancel your Order. If we do not accept your Order or cancel your Order (whether in whole or in part), we will refund any monies paid by you within a reasonable time, in connection with that Order (or that part of the order that we do not accept or cancel).
4. Buying from Us
4.1 You must be 18 or over to purchase Products or Services from us, or if you are not yet 18 please ask your parent to make the purchase.
4.2 Any information, data and images on our Website, in other publications, materials, media or otherwise, regarding performance, suitability, dimensions, weight, colour, capacity, suitability, specifications, technical information, particulars, appearance, measurements and particulars of Products, packaging and/or Services, and any drawings, photographs and illustrations (i) are included only for general information, are not intended to address any specific objective or function of yours, and does not constitute any form of advice or recommendation by us, (ii) does not guarantee that the same will exactly reflect the physical Product (or its packaging) or end product of any Services, and (iii) are not to be treated as being or as forming part of our Agreement. You must ensure the accuracy and suitability of all Products, Services, materials and other factors, packaging and/or Services. Your Products (and their packaging) may vary from that information, data or images. If you are concerned about the precise that information, data or images and whether it might meet you requirements, we recommend that you contact us prior to placing an Order because once purchased, unless otherwise permitted by these T&Cs the Products are not returnable or refundable and Services are not refundable.
4.3 We do not make any representations in relation to any Products that are manufactured by third party suppliers whose products we sell.
4.4 If your Order includes Products/Services in relation to which you provide us with measurements, you will ensure that these measurements are correct and accurate and that the Products/Services meet your needs as there is no right of return.
4.5 All Products are subject to availability. Occasionally we find ourselves having to withdraw an item, including because it has become obsolete, has been discontinued or is out of stock. If you Order Products which are not available from stock, or Services that rely on goods not available in stock we will order them and take reasonable steps to deliver them by a delivery date which we will notify to you. If you have placed an Order for an item that has been withdrawn, we will inform you as soon as possible and offer you an alternative if one is available or a refund, in our discretion, without liability to us.
4.6 We regularly make changes to Products, Services, websites, databases and information, and test various aspects of them to improve and to update them and products. This may mean that some services, goods and website access and databases may be unavailable from time to time. We will try to keep downtime to a minimum. Accordingly, whilst we endeavor to ensure that the Website is normally available 24 hours a day, we will not be liable if for any reason they are unavailable at any time or for any period. Access to the Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause. The quality of the display of the content on the Website or any other publications may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. We make no representations to you as to the quality of the data, information or Services. You are responsible for all internet, wifi and network charges. Please check with your Internet provider for information on possible internet data usage charges when accessing our site.
5.1 You appreciate that some Products and materials (including those used in providing Services) are sourced from third party suppliers. Any price quoted by us, our representative or appearing on our Website or other publication is subject to variation without notice, for example but not limited to in the event of an increase in VAT rates, or as a result of a third party price increase, or other business costs or plans or mispricing. However, if we intend to change a price from that given to you by us, we will let you know and give you an opportunity to cancel your Order.
5.2 Prices payable are and delivery is ex works, namely the price chargeable when we make the goods available for collection from our premises and are those charged by us at date of dispatch. Prices exclude packing and carriage, which will, if we agree to provide it, be charged at extra cost. Except to the extent that this is varied by any agreement by us to provide delivery (which will be an additional packaging and carriage charge), you will collect the goods at our premises or arrange transport, and assume all risk, liability and costs associated with getting the goods to their final destination.
5.3 Estimates and prices for Products and Services are: (i) in GBP (pounds sterling) unless stated otherwise, and (ii) unless stated otherwise, exclusive of VAT, taxes, duties and the like, which will be added. VAT amounts may be subject to rounding variances.
5.4 When you place an Order, you will state whether you want to collect the Product or whether we should arrange delivery. If you do not specify that you want us to deliver the Products, you will be required to collect them within 7 days from the date that we notify you we have them available for collection. If you wish us to arrange delivery of the Product/s, then you should request an estimate. As a guide, you are referred to the prices in the Shipping Charges list; if we change these we will endeavour to notify you with a cost when you place your Order but if we are unable to, then we will provide you with an estimate of the delivery charges prior to delivery. Any such charges will be based on information provided by you and if the information is incorrect, the charges may be subject to variation at your risk. Delivery charges must be paid before delivery takes place unless you have an agreed credit account with us.
5.5 Estimates for repairs are usually based only on information provided by you and/or a superficial examination of the goods. You appreciate that in some circumstances, the need for additional work may become apparent after we have begun work. On becoming aware of the need for additional work, we will inform you promptly of any proposed significant increase in estimated prices prior to undertaking such repairs. We will not commence work, or in the event that work has already commenced, do further work on any repairs unless and until we have your authorisation to do so and agreement to pay any additional charges.
5.6 If we have mispriced any Product or Service then we will not be obliged to supply the Products/ Services at the incorrect price or at all. We will (at our discretion) either cancel your Order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your Order or relevant part and refund the price you have paid.
5.7 From time to time we may apply promotional prices to Products. Such prices are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases and vice versa. To take advantage of promotional prices, you must quote the relevant promotion code when you Order (where applicable). We may update or cancel promotions at any time.
5.8 Discounts offered on our Products and Services apply to our standard retail price, and do not apply in addition to any discounts that have been applied as part of a promotion.
5.9 Where we provide you with a quote it will be subject to additional terms and conditions applicable to that quote.
6.1 Payment of the full amount must be made at the time that you place the Order unless otherwise agreed by us in writing. Payments can be made by most major credit (maximum £2000) or debit cards, bank transfer, bankers drafts or other methods shown on the Website. We do not take cheques unless prior agreed. If you wish to pay an amount of more than £2000 by credit card, please contact us for consideration, which will be at our sole discretion.
6.2 You must only use your own credit/debit card or account and not a debit/credit card or account of another person. You will be subject to validation checks and authorisation by the card issuer. If the issuer of the card or account refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for our refusal. You are responsible for all credit card and other charges.
6.3 Due to the nature of the clearing system your credit card payment will be taken at the point of processing. If a problem in supply should occur or there is otherwise a need to refund you, your payment will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on the payment provider.
6.4 You must advise us including detailed explanation of any discrepancies and queries on invoices in writing within 14 days of receipt and use your best endeavours to resolve all disputes and queries within a further 7 days, failing which such invoice shall be deemed to be accepted and undisputed. Any disputed invoice shall not relieve you of any obligation to pay any other amounts that are undisputed.
6.5 Interest is payable on any sums outstanding, at 10% over Barclays Bank Plc base rate calculated from the date of invoice.
6.6 You agree that we have the right to retain a boat, trailer, gear, goods, property and equipment and any other goods you have given to us, until you pay us in full. If you don’t pay us within 3 months of the due date we may sell the same and will account to you for the difference between the amount owed to us (and additional administration charges) and the amount we sold your goods for.
6.7 We retain title to all Products until we have received payment in full of all sums due in connection with the supply of the Products to you or in connection with any other transaction. For these purposes we have only received a payment when the full amount is irrevocably credited to our bank account.
6.8 If any of the Products over which title is retained by us is attached to or incorporated into or mixed with other goods not owned by us and is not readily identifiable or separable without analysis or physical labour from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest in us and be retained by us for as long as and on the same terms as those on which we would have retained title to the Products in question, including the right to sell.
6.9 If you fail to make payment to us when due, enter in bankruptcy, liquidation or a composition or agreement with your creditors, have a receiver, manager or administrator appointed over all or part of its assets, or becomes insolvent, or if any of the aforesaid is threatened or if we have reasonable cause to believe that any of these events is likely to occur, we shall have the right without prejudice to any other remedies to enter without prior notice any premises where any of the Products owned by us may be, and to repossess and dispose of any such Products owned by us and goods on which Services have been provided so as to discharge any sums owed to us by you. You undertake not to re-sell or part with possession of the Products and goods owned by us or over which we have a lien until you have paid in full all sums owed by you to us.
6.10 The Products (including goods on which Services have been provided) shall once the risk has passed to you be and remain at your risk at all times unless and until we have retaken possession of such Products or goods.
6.11 If your delivery address is outside of the UK, you may be required to pay import duties, customs charges, and taxes. These and any additional charges are your responsibility and you hereby indemnify us against al such.
7. Delivery & Collection
7.1 You may elect to collect your Products from our showroom at Premier Way, Abbey Park, Romsey, Hampshire SO51 9DQ, or if we have a temporary popup site at an event, we can at your request take it to the event for collection by you If you elect to collect your Products then you must notify us of your intention to collect the Products at the time of your place your order. We will contact you via email and/or telephone when the Products are available for collection.
7.2 Where Product is in stock, we try to make those available for collection on the same or next day. Sometimes this does not occur. Where this is the case the ordered Products will be sent out as soon as reasonably possible. Unless you specify otherwise in your Order, we reserve the right to use what we consider to be the most applicable shipping method and charge appropriately.
7.3 If your Order includes delivery of Products then the particular terms that apply to that delivery will depend upon the Product(s) that you Order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Shipping Charges list, but this may be varied from time to time. Some Products may only be available for collection in store. Our Shipping Charges list and delivery means for most items is shown on Website and will depend on the size and weight of your Products. However, any large or heavy items (as determined at our sole discretion) will be priced separately (not according to the Shipping Charges list) and sent as considered appropriate in our sole discretion. We shall use reasonable endeavours to provide you with an estimate of the delivery costs before sending the Products. At that time, if the delivery cost is not acceptable to you, then you will immediately notify us and you will arrange immediate collection from our store (or such other place as we nominate). If you fail to notify us of any objection to delivery charges or T&Cs then you are deemed to accept them in full.
7.4 Where we have agreed to deliver the Products, we will use reasonable endeavours to deliver on the date we agree, or if no date is specified by us, we will where possible deliver within 30 days of the date of your Order. While we will use reasonable endeavours to adhere to any time stated for delivery, we shall not be liable for any loss or damage (and any direct, consequential or indirect loss or damage or costs) howsoever caused, by any delay in delivery, completion, or performance of any contract.
7.5 In the event that we are unable to supply or deliver Products or Services ordered we will refund money paid in respect of such, but shall not otherwise have any liability whatsoever.
7.6 Any delivery dates and times specified by us are given in good faith and are approximate. You must ensure that you are available to receive and sign for the Products when they are delivered whether or not they are on time. Please leave a mobile and daytime telephone number as we may contact you to arrange a delivery time/date or change. If your Order contains more than one item you may be contacted by more than one operator to arrange the delivery date, and the products may be delivered separately even if they have the same estimated delivery dates because Products may come from different delivery partners and suppliers.
7.7 Any time stated for delivery shall not be a term of any contract or representation.
7.8 If you want expedited delivery then you must advise us, and we will endeavour to provide this and will let you know the cost.
7.9 If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee and additional costs relating thereto.
7.10 Deliveries may be made by one of our logistics partners. For reasons of health and safety and to avoid any property damage, certain Products can only be delivered to the kerbside at the delivery address. Deliveries will not be made where the ground condition is not suitable to unload or is likely to cause damage to the delivery vehicle. If the driver is instructed to unload Products on either the public highway, kerbside, or an adjacent pedestrian area or pavement, it is your responsibility to ensure these are moved promptly and you accept all risk from that point. We accept no liability whatsoever after we deliver to the public highway, kerbside, or an adjacent pedestrian area or pavement or appropriate or named location. We will not provide any unpacking, installation, fitting or waste removal services, unless otherwise agreed in writing by us.
7.11 Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over at which time all risk passes to you.
7.12 If you collect the Products, then all risk passes to you from the time that the goods are made available to you. The Products shall be at your risk immediately on delivery to you or on delivery to the carrier. You are responsible for insuring comprehensively the Products against risk. We shall not be liable in any way whatsoever for any delay, breakage or damage to or loss of the Products after we have made delivery to you or carrier.
7.13 If you do not receive your Products on the stated delivery date, you must notify us in writing immediately.
7.14 Each Product remains our property until you have paid for it in full. Immediately on being handed to you (where you collect) or on being handed to the delivery company, carrier or Post Office (as the case may be), the Products shall be at your risk and responsibility and you will be responsible for their safekeeping and insurance. You will insure comprehensively the Products and goods. We will not be liable to you in any way whatsoever for any direct or indirect loss, delay, breakage or damage to or fault arising after it leaves our premises or arising from incorrect packing, storage or usage.
7.15 Until ownership of the Products passes from us to you, you shall hold the Products on our behalf on trust and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products (in which case you will provide details of and hereby authorise us to enter any premises where the products are located). You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products that are not paid for whether in whole or in part.
8. Faulty Products
8.1 On receipt of the Products you will immediately check that they match your Order and make a thorough inspection for any defects or missing parts. If they fail to match your Order or are defective or damaged you will notify us as promptly and in any event within 14 days of receipt by contacting us Via the online Customer Care Portal you may have to register if you do not have an online account or such other contact as we may notify from time to time on our Website to arrange. Alternatively, you can return faulty Product in store. Claims may be reduced or rejected if not notified within the 14 days.
8.2 It will be our decision in our sole discretion as to whether we repair or replace any such defect or faulty Product or Service within a reasonable time. Where Products are to be returned to us we will arrange this with you and you will cooperate fully.
9. Cancellation and returns
9.1 You must keep your proof of purchase for anything you buy from us and provide it to us if you return any Product. We will not consider any requests without proof of purchase.
9.2 In addition to your rights under clause 8.1, for consumer purchases (within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), in respect of any Product purchased online through our Website or by phone, you may return the Product (at your cost) within 14 days from receipt of the goods, provided you notify us immediately that you wish to return the qualifying Product and that Product is returned immediately in its full undamaged packaging and is intact, unused, undamaged and in the same state as when it was sent to you. We will provide you a full refund within 14 days from the date the goods are received by us less any delivery and other costs.
9.3 We do not accept cancellation or returns from purchases in store, or wholesale or business purchases, or purchases at promotions or discount prices, unless we agree to do so in our sole discretion. In the event we accept cancellation of the whole or any part of your Order, we will refund you within 14 days the price paid for the cancelled Order (or part of the Order cancelled), less any delivery and other costs. We will not accept the return of any Products unless the packaging is intact and undamaged, and the Product has not been used or damaged.
9.4 We are entitled to make a deduction from or to refuse (at our sole discretion) your refund if the Products and/or packaging returned show signs of use or damage.
9.5 You may be required to produce a proof of identity and purchase when returning Products.
10.1 We warrant to you that the Products will be free from defects in materials and workmanship under normal use and circumstances for a period of twelve months from the date of delivery to you (the “warranty period”). This warranty does not apply and will be voided if the Product has been altered, modified, or repaired without our prior written approval. Provided that you (i) make a full inspection of the Products immediately upon receipt and give us immediate written notice with full details and photographs of any defect that is visible or otherwise should be apparent, and (ii) in the event that the defect only becomes apparent after use, you immediately on discovering the defect give us written notice containing full particulars (including photos) of said defect/s you discover and the circumstances in which such defects occurred, we shall, at our sole discretion, either repair, replace or give credit for any such Products which our examination confirms are defective in material or in workmanship within the warranty period provided that you have adhered to the payment provisions herein and further provided that:
(a) unless we advise you that we will arrange for a technician to visit your location to repair or replace the defective Product, you will return the defective Products to us or our authorised representative (as directed by us),
(b) you cooperate fully and make available/return when requested the alleged faulty Product.
You agree to make any warranty claim to us as soon as practicable and, in any event, within 28 days upon discovery of a defect, failing which you have voided the warranty. No repairs under warranty are to be undertaken without our prior written approval.
10.2 Warranty claims for Product, materials or equipment not manufactured by us, but supplied to us by a third party will be made by you directly to the relevant manufacturer. Prior to making the warranty claim against the third party, you will notify us and provide details, so that we may in our sole discretion discuss the matter with the supplier and consider issues of quality of supply. Where applicable, we warrant that these parts were installed correctly and according to the instructions provided by the manufacturer.
10.3 The provisions of clauses 8, 9 and 10.1 and any warranty do not extend to any Products which (i) have been subjected to misuse, use outside of recommended or reasonable operating conditions, any accident, impact, improper installation, inadequate maintenance, unseaworthy or inappropriate application or operation, or failure by any third party item, or (ii) have been repaired or altered other than by us, unless previously authorised in writing by us. You do hereby agree that in the event that we find that the Products were not defective in workmanship or materials, or that you contributed to any damage to or failure of Products for any reason including any of the previous factors, you will pay (a) all transportation charges, duties and taxes, accommodation and living expenses and normal charges for any technician’s time associated with the repair, replacement and return of the Products to you, (b) contribute such proportion of the cost of repair or replacement that of Product and any services as we in our sole discretion determine relate to your acts or omission, and (c) reimburse us for all costs and damages associated with your claim, including any replacement Product and Services.
10.4 The warranty contained in these T&Cs is expressly accepted by you in lieu of any and all other terms, warranties, conditions, liabilities, claims and reliefs (including equitable), whether express or implied, in fact or in law, relating to the state, quality description, capacity, design, construction, operation, use or performance of the Products and Services or to the merchantability, repair, or fitness for a particular purpose of the Products and Services or otherwise. No agreement varying or extending the same will be binding upon us unless prior agreed in writing and signed by a director of ours.
10.5 Save as otherwise provided herein and to the extent provided by law, all warranties, terms, conditions including any such warranties, terms and conditions implied by statute are hereby excluded. We make no representations that any of our Products are fit for their intended purpose. You must satisfy yourself that the Product meets your needs.
10.6 The repair or replacement of defective Products or goods during the warranty will not extend the period of the warranty of such Products and Servcies.
10.7 Unless a director of ours shall otherwise expressly agree in writing, in no circumstances will our liability to you for any breach of the warranty or claim relating to any defect or failure exceed the price paid for the Product/s with respect to any claim made.
10.8 The provisions of Clause 10.1 do not extend to defects in surface coatings, or defects or failures caused by weathering or normal use wear and tear.
10.9 The warranty is not transferable.
11 Limitation of Liability
11.1 If you are a consumer (which for these purposes means anyone who acts outside the course of a marine or construction business, or any trade or profession) in your ordering Products and Services, to the extent not prohibited by law, you will not make any claim for and we accept no liability for any loss, damage, costs or expenses (including legal costs) of any kind (including indirect, special, economic or consequential loss or damages, or for any direct or indirect loss of (i) profits, (ii) revenue, (iii) contracts, (iv) business, (v) data, (vi) business opportunity, (vii) failure to realise anticipated savings, (viii) costs, or (ix) any other loss whatsoever), whether based on breach of contract, tort (including negligence), non-performance or otherwise whether or not the relevant party has been advised of the possibility of such damage.
11.2 If you are purchasing Products and/or Services in the course of a marine or construction business, or any trade or profession to the extent not prohibited by law, you will not make any claim for and we accept no liability for any loss, damage, costs or expenses (including legal costs) of any kind (including indirect, special, economic or consequential loss or damages, or for any direct or indirect loss of (i) profits, (ii) revenue, (iii) contracts, (iv) business, (v) data, (vi) business opportunity, (vii) failure to realise anticipated savings, (viii) costs, or (ix) any other loss whatsoever), whether based on breach of contract, tort (including negligence), non-performance or otherwise whether or not the relevant party has been advised of the possibility of such damage.
11.3 Nothing in these T&Cs shall exclude or limit our liability for:
11.3.1. death or personal injury resulting from our gross negligence or fraud;
11.3.2. death caused by a defective Product;
11.3.3. fraud or fraudulent misrepresentation;
11.3.4. breach of the term implied by section 12 of the Sale of Goods Act 1979;
11.3.5. breach of the terms implied by sections 9, 10 and 11 of the Consumer Rights Act 2015.
11.4 You agree and acknowledge that save as otherwise provided herein or as prior agreed in writing by a director of ours:
11.4.1 we will not be liable to you for any loss or damage caused by us or our employees, agents, related companies or sub-contractors in circumstances where:
188.8.131.52 there is no breach of a legal duty of care owed to you by us (or its employees, agents, related companies, or sub-contractors); or
184.108.40.206 such loss or damage is not a reasonably foreseeable result of any such breach; or
220.127.116.11 in respect of any increase in the loss or damage resulting from your actions or omissions.
11.4.2 the maximum liability that we shall owe to you and any third party for any breach of any warranty or of these T&Cs, or for all and any (i) loss, damage, costs or expenses (including legal costs) of any kind, (ii) indirect, special, economic or consequential loss or damages (which terms include, without limitation, economic loss, loss of profits, loss of business, loss of bargain, depletion of goodwill and like loss) howsoever caused, (iii) for any inconvenience or loss caused to any party as a result of cancellation or termination under these terms, (iv) for any breach, default, damage or loss which you may incur suffer or sustain as a result of any act or omission by any third party supplier, and (v) if we are prevented from, or delayed in performing, our obligations under the terms of this Agreement, or otherwise is the amount of any moneys paid to us for the Products/Services the subject of the claim.
11.5 We accept no liability for work, installation or maintenance provided by any third person. Nevertheless, you will notify us and provide details of any fault, failure and complaint, so that we may in our sole discretion discuss the matter with the supplier and consider issues of quality of supply.
11.6 The Products and goods in relation to which Services are provided are designed and intended for use in the UK only and we do not confirm that the Products and Services comply with any laws, regulations or other standards applicable outside the UK. All Products are sold in accordance with manufacturer’s specifications and are subject to any qualifications or instructions contained in the documentation associated with the relevant Product.
11.7 Our Website, catalogues and other publications may contain information and materials created and submitted by third parties, and we exclude all liability relating thereto, including for all direct and indirect losses, costs and damages arising from any error, omission or inaccuracy in any such information and material.
12 Our rights to cancel
12.1 We may cancel our Agreement with you at our sole discretion for any reason prior to performance in full; we will notify you. Any cancellation is without any liability to you.
12.2 Our agreement to provide Products or Services will be cancelled automatically (unless we in our sole discretion decide otherwise) if you become unable or to pay your debts when they fall due or proceedings are or we reasonably consider that they may 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 cancellation, you will be immediately liable to pay in respect of Products supplied or services performed, or bespoke Products prepared, and we retain a lien over the same. We shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our Agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.
13 Events beyond our control
Notwithstanding anything contained in this Agreement, if we are not able to perform our Agreement for reason beyond our control (including war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war or strife, rebellion, lockouts, fire, flood, storm, transportation issues, industrial disputes, epidemic, pandemic, financial disaster, technical failure, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of governments or other prevailing authorities), inability to obtain goods form a supplier, then such non-performance shall not be a breach of our Agreement or create any liability. The Agreement will stay in abeyance until we can perform our Agreement, or we may elect to terminate our Agreement.
14 Your information
14.2 To process your order efficiently, reputable third-party banking and distribution institutions handle the credit and debit card transactions and order fulfilment. They receive the information needed to verify and authorise your payment card and to process your order. These organisations are under strict legal and contractual obligations to keep your personal information private.
14.3 Calls to our contact centre may be monitored and/or recorded for quality control and training purposes.
15 Contacting us and you
15.1 If you have any questions, complaints or concerns with respect to your order or these T&CS, please contact us as follows:
15.1.1 The online Customer Support Portal. You may have to register for this service.
15.1.2 by post at: Ocean Play, Premier Way, Abbey Part, Romsey, Hampshire, SO51 9DQ, United Kingdom
15.2 Any formal legal notices should be sent to: Managing Director, Ocean Play, 19 Premier Way, Abbey Park Industrial Estate, Romsey, Hampshire, SO51 9DQ, United Kingdom.
15.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post using the address and other details you provide to us in your Order or we hold for you.
16 Complaints, Disputes and Governing Law
16.1 Our Agreement is governed by the laws of England and Wales and you agree that the Courts of England shall have exclusive jurisdiction over any dispute between us arising out of or in connection with our Agreement (including non-contractual disputes or claims).
16.2 If you wish to make a complaint a dispute, you should file it with us in accordance with our complaint’s procedure. You agree that you will file any complaint or dispute using our complaints procedure before any other course of action is followed and that this is a fundamental term of the Agreement and that failure to do so will void any other action or claim. We will endeavour to keep you informed either by phone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.
16.3 In the event that there is any complaint, or any dispute under or in relation to our Agreement or under or in relation to an Order, the Parties, or their nominees, shall as soon as reasonably practicable commence good faith negotiations to resolve the dispute or disagreement. Should such good faith negotiations not resolve the complaint or dispute or disagreement within twenty eight (28) days of commencement of the negotiations, the dispute or disagreement shall immediately be referred to the respective senior Executive Officers (or equivalent) of the Parties, vested with authority to settle the disagreement, for their attempted resolution at a meeting at our premises and the Parties will attempt in good faith to resolve the dispute. The meeting will be held promptly at our request at a time reasonably proposed and both parties will fully explain all reasons and facts relating to their position and use their best endeavours to resolve the dispute.
17 Other important terms
17.1 If any provision of these T&Cs (including any provision in which we exclude or limit our liability to you) are found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
17.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.3 If we fail to insist that you perform any of your obligations under our Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 You may not assign or transfer your rights or obligations under our Agreement, unless we prior agree in writing.
17.5 Our Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in our Agreement.
17.6 Each Party acknowledges that in entering into this Agreement it has not rely on, any statement, representation, assurance or warranty (whether made innocently or negligently) by us that is not set out in this Agreement.
17.7 Any variation of these T&Cs in any document of the customer or otherwise will not apply unless prior accepted in writing by a director of Ocean Play.
17.8 We may update, vary and amend these T&Cs from time to time without prior notice. Each time you order or otherwise purchase a Product or Service from us, the T&Cs in force at that time will apply (as set out on our Website or available in store). The latest version of all our terms can be found in store and on the Website.