MorganMarineDirect.com incorporating MorganMarineOnline.com (The
Site) is owned and operated by L H Morgan & Sons (Marine) Ltd (The
Merchant) registered in England, Registration No. 12602345 and the registered
office is The Boatyard, Shipyard Estate, Brightlingsea, Essex CO7 0AR.
These terms and conditions are intended to define the rights
and obligations of the parties in the sale of goods offered on The Site by The
These Terms and Conditions apply only to new Chandlery
items, new marine electronics, new engineering parts and accessories and new clothing
/ personal equipment (Online Stock) offered on The Site. The L H Morgan &
Sons (Marine) Ltd standard Terms of Business apply to all marine and engineering
services provided by The Merchant, the sale of Boats, engines, trailers, used
items and any item where the purchaser takes delivery of the item or service at
the premises of The Merchant or The Merchant arranges direct delivery. Copies
are available on request or can be downloaded from here.
Any purchase of Online Stock from this site requires the
customer to accept these terms and conditions. The click validating the order
implies full acceptance of these terms and represents the customers ‘digital
The Merchant may change these terms of sale without notice
to you in relation to future sales.
Description and Price of Goods
The description and price of Online Stock will be as shown on
The Site at the time of placing an order.
Online Stock is subject to availability.
Online Stock described as Special Order is not normally held in stock by The Merchant and may
be subject to delayed despatch. Customers are requested to contact The Merchant
to confirm availability and delivery prior to purchasing Special Order items.
Prices include VAT, where applicable, but exclude delivery
costs, which will be added to the total amount due. Standard delivery charges
are for delivery to mainland UK addresses only. Customers are requested to
contact The Merchant for delivery costs and transit times to other
Whilst every effort has been made to ensure the accuracy of
the information present on The Site, we do not accept liability for any
inaccuracies, errors or omissions.
Colours may vary slightly from those shown on the website due to the
limitations of Internet technology.
If an error is found, The Merchant will inform the customer
as soon as possible and offer them the option of reconfirming their order at
the correct price or for the correct specification or cancelling their order,
in which case they will be refunded any sum that had been paid by them.
Online Stock prices may not apply to similar items offered
for sale at The Merchant’s premises.
Manufacturer and brand names are used for identification
purposes only. Product photos, descriptions and prices are non-contractual.
Online Stock described as Sub Standard is not in new
condition and will have one or more defects and is sold without warranty. Any
description provided is for general guidance only and is not intended to
include exhaustive descriptions of any defects or the extent of any defects.
Payment for Online Stock and delivery charges can be made by
any method shown on The Site at the time of placing the order.
Orders will not be despatched until full payment is
Online Stock orders are delivered by the carrier chosen by
The Merchant to the address specified by the customer when the order is placed;
a signature confirming receipt will be required at the time of delivery. Orders
fulfilled from stock are usually despatched within 3 working days and transit
time to mainland UK addresses is usually 2-3 working days.
Every effort will be made to deliver the goods as soon as
possible after the order has been accepted, and in any event within twenty
eight (28) days of the order.
The availability of Special Order items is beyond the
control of The Merchant and delivery may be outside the above scheduled times.
Customers are requested to contact The Merchant to confirm likely delivery
times of Special Order items.
The Merchant will not be liable for any loss or damage
suffered by the customer through any delay in delivery.
Online Stock (except Sub Standard items) leaves our premises
in merchantable condition.
The customer will become the owner of the goods they ordered
and responsible for risk or loss of or damage to them once they have been
delivered to the delivery address provided by the customer.
The customer must notify the carrier (or postman) at the
time of receipt of even the slightest trace of damage (holes, signs of
crushing, etc.) to the parcel and endorse the carrier copy of delivery
documentation ‘DAMAGED’, and refuse the package if necessary. No exchanges can
be made at a later time for goods claiming to be damaged during carriage
without notification to the carrier as described above at the time of receipt.
The customer must inform The Merchant immediately (the same
day or, at the latest, the first business day following delivery) concerning
any claim of delivery error, damage or non-conformity of the items delivered,
in kind, quantity or in quality, compared with the information on the delivery
Any claim made after this time period will be rejected.
All Claims must be made in writing and sent to MorganMarineDirect.com,
The Boatyard, Shipyard Estate, Brightlingsea, Essex CO7 0AR or by email to email@example.com.
Any claim which does not respect the rules defined above cannot
be taken into account and releases The Merchant of any responsibility to the
The Merchant will investigate the claim promptly and notify
the customer in writing of the findings and, if appropriate, authorisation to
return the items, how the claim will be settled and any other necessary
In the case of authorised return, all goods must be securely
packed and returned to The Merchant in the original packaging and in the
condition received by the customer to MorganMarineDirect.com, The Boatyard,
Shipyard Estate, Brightlingsea, Essex, CO7 0AR within 14 days. The
goods must not have been used.
Shipping fees shall be at the expense of The Merchant and
will be credited to the customer following receipt of the correctly authorised
returns, except in the case where the goods do not correspond to the original
declaration made by the customer concerning the return.
Loss or Delay
As with any shipment, a delay or loss of goods is possible. Where
delivery is not received by the customer within 14 days following the order
date or expected despatch date in the case of Special Order items the customer
must report the non-delivery to The Merchant in writing or by e-mail.
In such a case, The Merchant shall start an investigation. Every
effort is made, for as long as necessary, to find the package.
If delivery cannot be confirmed or the package is not found,
The Merchant will deliver a new, identical package to the customer free of
In the event that a replacement is not available, a full
refund will be given.
However, The Merchant will not be liable for any loss or
damage suffered by the customer through any reasonable or unavoidable delay in
Fair Returns Policy
Items are described and
photographed as accurately as possible, but please note that sizes, colours and
designs may vary. If the customer is
not completely satisfied with any item ordered, it can be returned but must be
in the original packaging (with customers advice note) within fourteen (14)
days of the date of receipt and The Merchant will refund cost of goods or send
the customer a replacement. Delivery charges are the responsibility of the
customer. All returns require the
customer to contact The Merchant for consent (not to be unreasonably withheld).
All goods must be
returned to MorganMarineDirect.com, The Boatyard, Shipyard Estate,
Brightlingsea, Essex CO7 0AR.
Please note that we are only able to accept items which
have not been worn, altered or used, in their original packaging with labels
still attached, and otherwise in a condition enabling us to sell the product as
We can only replace
identical products (requests for different sizes acceptable). If the customer
wishes to order additional items, this will be treated as a new order.
manufactured or customised products or Special Order items will not be accepted
for return unless due to a manufacturing defect.
Nothing in this Fair
Returns Policy affects the customers’ statutory rights or their rights under
any contract they may have with us.
Right to Withdrawal
In accordance with the
Distance Selling Regulations 2000, the customer has the right to a cooling off
period of seven (7) business days, starting at the time the goods are received,
to cancel the contract and return said goods at their own expense, without
having to give a reason. All returns
require the customer to contact The Merchant for consent (not to be
All goods must be
returned to MorganMarineDirect.com, The Boatyard, Shipyard Estate, Brightlingsea,
Essex CO7 0AR.
Only complete and unused goods in perfect condition for
resale will be accepted.
No refunds or exchanges
will be made for personalised goods or Special
Order items or incomplete, damaged or
unsealed goods, including damage to original packaging.
The customer can exercise
this right to withdrawal without penalty, excepting the return fee for the
goods. If the customer exercises the
right to withdrawal, they have the option of requesting a full refund or exchange
of goods. If an exchange is requested,
all shipping expenses shall be the responsibility of the customer.
If the right to
withdrawal and refund is exercised, The Merchant will refund the customer
within thirty (30) days.
The customer is expressly
The Merchant is not the
manufacturer of the items offered on The Site and The Merchant shall not be
held liable for defective goods.
All Online Stock supplied
by The Merchant is sold with the benefit of the manufacturers warranty except
Sub Standard items which are supplied without warranty.
The customer accepts the
manufacturer has the right to repair or replace the item or to issue a refund.
In all cases of Warranty
claim, all shipping expenses shall be the responsibility of the customer.
The customer accepts any
refund made by The Merchant will not exceed the value which can be claimed from
the manufacturer. The claim is strictly limited to a maximum value of the sale
price plus postage only.
This warranty does not
affect the customers’ statutory rights as a consumer.
To the full extent
permitted by law The Merchant excludes all liability for any direct, special,
indirect or consequential damages or any other damages of any kind resulting
from the use of, or inability to use, or delay in delivery of the Online Stock
or any information obtained either directly or indirectly from The Site, or any
action taken as a result of using any such information.
Right of Use
The copy of and/or use of
any image, logos or trademarks owned by The Merchant and present on the site is
strictly forbidden. Any trademarks
belonging to third parties are acknowledged.
In form and content,
these Terms and Conditions shall be governed by and construed in accordance
with English law. All orders for Online
Stock placed on The Site strictly imply the acceptance of MorganMarineDirect.com
Terms and Conditions.
In the case of dispute or
claim, the customer agrees to seek an amicable solution with The Merchant
before proceeding with any legal action.
In the event where a solution cannot be found, any disputes concerning
the sale (price, Terms and Conditions, products, etc.) will be subject to the
exclusive jurisdiction of the English courts.
Neither party will be
deemed to be in breach of any of its obligations under the agreement as a
result of any delay in performing or any failure to perform any such
obligations by reason of any cause or event beyond the parties’ control. A
force majeure event includes, but is not limited to, any unforeseeable,
inevitable, or unstoppable act, event, non-happening, omission or accident
beyond the control of either party, despite all reasonable effort made to the
contrary. In addition to events usually
recognized by the British courts, a force majeure event includes in particular
(without limitation) the following: Strike, lock-out, earthquake, fire, storm,
flood, lightning, explosion, impossibility of the use of public or private
telecommunications networks or delivery services.
In such circumstances,
the party delayed or unable to perform its obligations shall notify the other
party within ten (10) business days following the date such events become
These terms and
conditions remain valid and in force, even if one or more clauses are invalid
or declared so under any law, regulation or following the final decision of a
No failure of either
party to exercise any power given to it in these terms and conditions or to
insist upon strict compliance by the other party with its obligations hereunder
shall constitute a waiver of either party’s right to demand exact compliance
with the terms hereof.
All personal data the
customer provides to The Merchant is used to process the orders. This data will be treated in accordance with
the Data Protection principles outlines in the Date Protection Act 1998.
Links from this site are
provided for information and convenience only. No responsibility or liability
can be accepted for the content of any linked sites.