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 Merchant.

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 signature’.

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 destinations.

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

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 received.

Delivery Terms

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.

Delivery Errors

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 documentation.

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 accounts@morganmarine.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 customer.

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 instructions.

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 charge.

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 delivery.

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 new.

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.

Personalised, specially 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 unreasonably withheld).

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.

Warranty

The customer is expressly informed that:

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.

Liability

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.

Applicable Law

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.

Force Majeure

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 known.

Partial Invalidity

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 competent court.

Non-Waiver

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.

Data Protection

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

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.