By using Our shop, online, by phone, by email, or in person, you accept these Terms and Conditions.
Please read these Terms and Conditions carefully and ensure that you understand them before using Our shop.
These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this online shop, www.portedgarwatersports.com/shop (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated January 2022.
Your agreement to comply with these Terms and Conditions is indicated by using Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site.
The following document also apply to your use of Our Site:
Our Shop Privacy Policy, available at https://www.portedgarwatersports.com/shop-privacy-policy/ .
Our Cookie Policy, available at https://www.portedgarwatersports.com/cookie-policy/.
1. DEFINITIONS
1.1 In these Terms and Conditions the following expressions have the following meanings, unless used in a different context:
“Content” – means any and all text, images, audio, video, and any other form of information stored on a computer that appears on, or forms part of, Our Site.
“Goods/Products” – means the Goods which We will supply to You in accordance with these Terms and Conditions.
“We/Us/Our” – means Port Edgar Watersports CIC.
“You/Your” – means You, the person using Our website and/or buying Goods from Us.
2. Our Site is operated by Port Edgar Watersports CIC. We are a Community Interest Company limited by guarantee registered in Scotland under company number 463826. Our registered address is Port Edgar Watersports CIC, Port Edgar Marina, Shore Road, South Queensferry EH30 9SQ and Our main trading address is the same.
We are regulated by the Community Interest Company (CIC) Regulator.
3. HOW TO CONTACT US
To contact Us, please email shop@portedgarwatersports.com for all sales or telephone Us on 0131 319 1820
4. TERMS OF SALE
4.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place once we have sent you an email confirming Your Order is ready for collection. For bespoke Goods our acceptance of Your Order takes place once we have confirmed Your Order has been accepted by the manufacturer. You may include any number of items within a single Order and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
4.2 Any variation of the Contract must be confirmed in writing by Us. Verbally agreed variations to the contract by either You or Us will not be accepted.
4.3 Delivery – At the moment delivery options are restricted. All orders placed are for collection only. If you would like your product to be delivered please contact us BEFORE you place your order to ensure this is possible and to discuss costs associated with this.
4.4 The following paragraphs explain the process which You must go through to place an Order and how the Contract for the sale of Goods will be formed. .
Choosing your Goods – To select a product click the “Add to cart” button
Reviewing Your Basket – You can check your order at any point by clicking on the “View basket” link. To remove a product from your cart click on the “X” beside the product. To continue shopping click on the “Return to shop” link.
Going to Checkout – Once you have finished shopping click on the “Proceed to checkout” link
Completing Your Billing Details – Enter your billing details including your name, address, email. Details about how we use your information can be found in our Shop Privacy Policy
Entering Your Payment Details – Enter your payment details. Payment must be made in full in order to complete your order. Port Edgar Watersports CIC does not store any payment details. To find out more please see our Shop Privacy Policy
By clicking on ‘Place Order’ – You are confirming that You have read, understood and accepted these Terms and Conditions. At this point Your details will be submitted to Us.
Order Acknowledgement – Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, and price. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place once we have sent you an email to confirm Your Order is ready for collection.
4.5 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
We are unable to obtain authorised payment or the payment process is incomplete; or
We identify a product or pricing error on the Website; or
You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
We suspect that Your Order is related to fraudulent activity; or
You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
Goods are unavailable or out of stock.
4.6 We may contact You by telephone or email to confirm details before We are able to process Your Order, or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
4.7 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order and may contact You if We consider Your Order to exceed this limit.
5 PRICE AND PAYMENT
5.1 Prices are as shown on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are not included as this is not currently an option for most of the products we sell. If you require delivery please get in touch BEFORE you place your order to see if this is possible and agree costs associated with this.
5.2 We may change prices at any time. Where there is a difference between a price at the time Your Order is made and when Your Order is ready for collection, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be refunded.
5.3 Offers and promotions on the Website are subject to availability and We may change them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
5.4 We must receive payment for the Goods in full before they are collected.
5.5 We accept payment via most major credit and debit cards including Visa, Mastercard and Maestro. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay.
5.6 Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
5.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and any payment already taken will be refunded. We will do this as soon as possible and by no later than 30 days from the original payment date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
5.8 We may check the names, addresses and other details supplied by You against any available records. We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks.These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible.
6 RETURNS / CANCELLATIONS / RECALLS
6.1 You have a legal right to cancel the Contract (subject to certain exceptions such as goods that have been personalised to your requirements) for any reason at any time within 14 working days of the day after You receive the Goods. This is the legal “cancellation period”.
6.2 You can cancel your order by emailing us at shop@portedgarwatersports.com or calling 0131 319 1820. Your cancellation will only be processed once you have received a ‘Cancelation Confirmation’ email from us. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or our Cancellation Confirmation email.
6.3 If you simply want to exchange the Goods you have ordered, you must do so within 30 days of the day after You receive the Goods by coming to the shop at Port Edgar Watersports, Port Edgar Marina. Points 6.6, 7.2 and 7.6 outline the condition Goods must be in to qualify for an exchange. Please contact us in advance to ensure we will be open and have a suitable alternative item in stock for your exchange. Any variation in cost will be taken into account. If the new product is more expensive than the first you will need to pay the difference. If the second product is cheaper than the first we will issue you with a refund of the difference. It may not always be possible to exchange Goods within 30 days because many of our products have a long lead time (up to 12 months). If we do not have the item you want in stock we will offer you a full refund and start a new order for the new product.
6.4 You must return the Goods to Us at your own risk and cost within 14 days of notifying Us that You wish to cancel. Return them in person to:
Port Edgar Watersports CIC, Port Edgar Marina, Shore Road, South Queensferry, EH30 9SQ.
If this is not possible you must contact us on 0131 319 1820 or email shop@portedgarwatersports.com as soon as possible to discuss alternative arrangements.
6.5 We will not be responsible for any costs associated with returning the Goods to Us.
6.6 The Goods must be returned unused with the original packaging.
Under the Regulations, if the main contract is cancelled, so too will be any ancillary contracts e.g. Warranties. It is Our responsibility to inform any third party involved about this cancellation.
6.7 We will email or call within 7 days of becoming aware of a Recall on a product You have purchased from Us within 12 months of your collection date. In line with our Shop Privacy Policy after 12 months we will delete all personal data that we hold for you unless there is an extended warranty on your product. In which case we will contact You in the case of a Product recall up until the expiry of any product warranty.
7 REFUND
7.1 We will ordinarily refund the full purchase price within 14 days of receiving the returned Goods. You must return the Goods in person. We will not refund the cost of delivery. If this is not possible please contact Us to discuss alternative arrangements.
7.2 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
7.3 You do not have the legal right to cancel any Goods which have been personalised to your requirements.
7.4 We ensure that the Goods which we supply are of satisfactory quality and are fit for the purpose for which they are created.
7.5 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
7.6 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions, or if the Goods have been misused, altered or repaired without Our approval.
7.7 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
7.8 We will aim to process Your refund or replace the Goods as soon as possible, and within 30 days of receiving the Goods. The refund will be returned to You using the same payment method you made the original purchase. We reserve the right to send any Goods which You claim are faulty to the manufacturer for inspection.
7.9 Under the Regulations, if the main contract is cancelled, so too will be any ancillary contracts e.g. Warranties. It is Our responsibility to inform any third party involved about this cancellation.
8 OUR LIABILITY
8.1 Nothing in the contract or elsewhere will exclude or limit Our liability for death or personal injury caused by Our negligence or any liability for fraudulent misrepresentation or fraud or liability which We are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for Us to exclude. Your statutory rights are not affected.
8.2 If We are in breach of contract in relation to the Goods or this contract, Our total liability to You will be limited to three times the price of the Goods which are the subject of the liability, paid by You to Us and any foreseeable losses as a direct consequence of Our breach.
8.3 Unless We explicitly state elsewhere, We shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which We or You could not reasonably anticipate. this includes but is not limited to the following, however they arise:
Lost profits;
Loss of income or revenue;
Loss of savings;
Loss of data;
Loss of use of money
8.4 You should satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
9 DELIVERY
9.1 Portedgarwatersports.com does not currently offer delivery on any items. If You require delivery You must contact Us in advance of any purchase to see if this is possible, and to discuss additional costs associated with it. Written confirmation from Us to You must be obtained if any arrangement is verbally agreed.
10 GENERAL
10.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
10.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
10.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
10.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
10.5 This Contract is subject to Scottish law and both We and You agree that any dispute arising under or connected to it will be decided by the Scottish courts.
10.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order which We have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order.
10.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
10.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
on the day on which it is left if You deliver the notice by hand; or
on the day on which it was posted if You post the notice as shown on proof of
postage; or
on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at point 2 or email address set out in point 3.
10.9 A person who is not party to this Contract shall have no rights to enforce any terms of it which means that only We and You have rights under it.
10.10 The Contract is the entire agreement and understanding between Us and You in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please email shop@portedgarwatersports.com.
10.11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact shop@portedgarwatersports.com or write to the Watersports Centre Manager at Port Edgar Watersports CIC, Port Edgar Marina, Shore Road, South Queensferry EH30 9SQ
