Terms and Conditions
Contract
- 1.1 Scope: These Terms and Conditions govern the supply of goods sold by Ashton Marine Services Ltd. Address Overtoun of Broadstone, Gateside, Beith , North Ayrshire KA15 1HF
- 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. We reserve the right to decline an order for any reason until the point of dispatch or hand-over.
- 1.3 Non-Acceptance: The processing of your payment and acknowledgement of your order (including automated emails) does not constitute legal acceptance.
- 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.
- Delivery & Redelivery
- 3.1 Delivery Estimates: All delivery dates provided are estimates only. None of our couriers (including DPD 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 10 working days unless a longer lead time is agreed. Delays caused by courier networks, weather, or operational issues are beyond our reasonable control.
- 3.3 Parcels being delivered to drop off boxes If you change the delivery address after the goods have been shipped any loss or failed delivery is your responsibility and no claim can be made against Ashton Marine Services ltd.
- 3.2 Royal Mail: A parcel is not deemed “lost” until 10 business days after the estimated due date has passed.
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- 3.3.3 Buffer: We reserve the right to wait up to 10 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. You also agree to pay for our postage costs if the goods are returned to us because the delivery company failed to deliver because of your actions ie not being in, not arranging another delivery date etc.
- 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 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.
- 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.
- Warranties
- 5.1 Branded Goods: Goods not manufactured by Ashton Marine Services 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 Warranty Exclusions: Warranties do not cover: wear and tear; misuse or neglect; extreme weather/UV damage; commercial or racing use; or unauthorised modifications.
- 5.4 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 complete the warranty claim form on our website.
- 5.5.2 Inspection: Once received, one of our our technicians will inspect the item within 6 working days. This is to account for holidays and sickness. Most items will be inspected the same day.
- 5.5.3 Resolution: Valid defects will be repaired; if repair is impossible, we will provide a replacement. Please keep a receipt for any postage costs so this can be refunded in full.
- 5.5.4 Returning goods under warranty We are not responsible for good that have been sent to us under warranty but do not arrive.
- 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.
- 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.
- 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.
- 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 30% 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 7.5% 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.
- Website Use & Digital Policies
- 9.1 Intellectual Property: All Site content is the property of Ashton Marine Services 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.
- Dispute Resolution Procedure
- 10.1 Informal: Contact our Customer Services team first via support@ashtonmarineservices.co.uk
- 10.2 Formal: If unresolved, a formal written “Notice of Dispute” must be provided.
- 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, late courier deliveries etc).
- Governing Law and Jurisdiction
- 12.1 Applicable Law: These Terms are governed by the laws of Scotland.
- 12.2 Jurisdiction: The courts of Scotland have exclusive jurisdiction.
- Contact Information
- Address: Ashton Marine Services, Overtoun of Broadstone, Gateside, Beith , North Ayrshire KA15 1HF , United Kingdom.
- Tel: +44(0) 7595638185
- Email: support@ashtonmarineservices.co.uk
These terms do not affect your statutory rights.
