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These terms of use set out the terms between you and us under which you may access and use our Boats and Chandlery website http://www.boatsandchandlery.com (our site). These terms of use apply to all users of this site. Your use of this site means that you accept, and agree to abide by, all the terms and conditions in these terms of use, which supplement our general terms of website use and acceptable use policy. Please read all of these documents carefully before you start to use this site.

http://www.boatsandchandlery.com is a site operated by Premier Marinas Limited (we or us). We are registered in England and Wales under company number 02973858 and have our registered office at Swanwick Marina, Swanwick, Southampton, Hampshire, SO31 and 1ZL. This is also our main trading address. Our VAT number is 677 452 890

USING OUR PAGES

You may not use this site if you are:

• Not a registered user of this site or of http://www.preminermarinas.com
• Are under the age of 18.
• Are operating as a business, trade or profession.
• Are unable to form legally binding contracts.
• Do not have a valid email address.
• Do not provide valid and complete contact information.

While using this site, you will not:

• Advertise items listed as prohibited or restricted or unconnected to boats or chandlery.
• Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other intellectual property or proprietary rights of third parties.
• Breach the terms of our acceptable use policy or general website terms of use.
• Fail to pay for items purchased by you, unless the seller has misrepresented the item’s description, or a clear typographical error is made.
• Fail to deliver items purchased from you, unless the buyer fails to make payment or comply with any additional terms you have imposed as part of the sale.
• Interfere with other users’ adverts.
• Manipulate the value of goods advertised so as to avoid paying us a fee.
• Advertise or upload content in breach of the terms of our acceptable use policy or general website terms of use.
• Distribute viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
• Harvest or otherwise collect or use information about other users, including email addresses, without their express consent.
• Upload any content of a size greater than 4 MB.

PROHIBITED AND RESTRICTED ITEMS

We encourage users to buy and sell boats and unwanted chandlery items using our site. However, we will not accept adverts for nor must you advertise or upload (or attempt to advertise or upload):

• Stolen or counterfeit goods.
• Fuel.
• Recalled goods.
• Offers for or requests for services, work, crew or accommodation.
• Items unconnected to boats or chandlery.

We do not charge for you to register for our site or to buy an advertised item. However, we will normally charge for placing adverts for boats / items valued in excess of 500. When placing an advert that attracts a fee, you will be notified of the fee during the uploading process and will be required to provide valid debit or credit card details before you can complete your advert placing. Where you card details cannot be authenticated or your payment method fails, the fee will not be deducted and your advert will not be placed until or unless you provide a valid payment method.
Unless otherwise stated, all fees are payable in pounds Sterling. VAT will be charged where applicable. We may change the fees charged from time to time and such changes will be applicable from the date we post details of the promotional event or new service on our announcement / news section.
We may occasionally change the fees on a temporary basis for promotional events or new services and such changes will be applicable from the date we post details of the promotional event or new service on our announcement / news section.

LIABILITY

We do not accept any liability for users’ actions or omissions or for transactions concluded through this site. We provide a venue for users to buy and sell boats and unwanted chandlery items and at no point do we have ownership or agreed possession of any of these items. We are not a party to any transaction concluded between users.

We have no control over:

• The quality, safety, authenticity or legality of items advertised.
• The truth or accuracy of adverts posted or any accompanying material or content.
• The ability of sellers to sell items or the ability of buyers to buy items.
• The authenticity or accuracy of any user’s identification.

and give no guarantees, conditions or warranties, whether express or implied, in respect of the same. You agree that you will not hold us liable in respect of any items bought or sold via this site, any transactions concluded with other users, or any issues or disputes arising in connection with the same.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

USE OF UPLOADED CONTENT

Where you upload content to our site, we will use it in line with our general website terms of use.

You should not upload content where you know or suspect that by doing so you will infringe the intellectual property or proprietary rights of a third party or where you do not have permission to use the content.

ACCEPTABLE USE

When using our site and uploading material and adverts, you must comply with the provisions of our acceptable use policy.

INFORMATION ABOUT YOU

When using our site, we process information about you in accordance with our privacy policy. By using these pages, you consent to such processing and you warrant that all data provided by you is accurate.

FAILURE TO COMPLY

We may issue you with warnings, limit, suspend or terminate your user account and/or your ability to use this site, remove any adverts you have placed, and/or take any other technical or legal steps to stop you from using this site (or any of our other websites) if:

• You are, or we believe you to be, in breach of any of these terms of use or the terms of any of our other policies and/or the general website terms of use.
• We receive a serious or several substantiated complaints from other users about you or adverts that you have placed.
• We are of the reasonable opinion that your continued use or the continuation of any advert placed by you would result in us becoming liable to any third parties.
• We are otherwise required to take such actions by competent local authority, governmental or regulatory body.
• We wish to do so for any other reason at our sole discretion.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use are governed by English law.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our websites.

COMPLAINTS & OTHER ISSUES

If you have any complaints, concerns or questions about using our pages or material which appears on this site, please refer to our FAQs or contact becky.dawson@premiermarinas.com.

If you have any complaints or concerns about a transaction concluded by you or about an item that you have bought or sold using our site, please contact the buyer or seller in the first instance. If you are unable to contact them or do not wish to do so, you may want to contact your bank and/or your local trading standards authority or police force.

If you have any complaints or concerns about another user, please refer to our complaints policy. However, please note that we cannot take any steps as regards another user save in respect of suspending or termination their user account for failure to comply with these terms.