Xcape Privacy Policy
This privacy policy sets out how Xcape Marine uses and protects any information that you give Xcape
Marine when you use this website.
Xcape Marine is committed to ensuring that your privacy is protected. Should we ask you to provide
certain information by which you can be identified when using this website, then you can be assured
that it will only be used in accordance with this privacy statement.
Xcape Marine may change this policy from time to time by updating this page. You should check this
page from time to time to ensure that you are happy with any changes.
What we collect
We may collect the following information:
* Name and payment details
* Contact information including email address
* Demographic information such as postcode, preferences and interests
* Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in
particular for the following reasons:
* To process your order and obtain payment
* Internal record keeping
* We may use the information to improve our products and services
* We may periodically send promotional emails about new products, special offers or other
information which we think you may find interesting using the email address which you have
provided
* From time to time, we may also use your information to contact you for market research purposes.
We may contact you by email, phone, fax or mail. We may use the information to customise the
website according to your interests
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised
access or disclosure, we have put in place suitable physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you
agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a
particular site. Cookies allow web applications to respond to you as an individual. The web
application can tailor its operations to your needs, likes and dislikes by gathering and remembering
information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about
web page traffic and improve our website in order to tailor it to customer needs. We only use this
information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages
you find useful and which you do not. A cookie in no way gives us access to your computer or any
information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but
you can usually modify your browser setting to decline cookies if you prefer. This may prevent you
from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these
links to leave our site, you should note that we do not have any control over that other website.
Therefore, we cannot be responsible for the protection and privacy of any information which you
provide whilst visiting such sites and such sites are not governed by this privacy statement. You
should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
* Whenever you are asked to fill in a form on the website, look for the box that you can click to
indicate that you do not want the information to be used by anybody for direct marketing purposes
* If you have previously agreed to us using your personal information for direct marketing purposes,
you may change your mind at any time by writing to or emailing us
We will not sell, distribute or lease your personal information to third parties unless we have your
permission or are required by law to do so. We may use your personal information to send you
promotional information about third parties which we think you may find interesting if you tell us
that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection
Act 1998. If you would like a copy of the information held on you please write to us.
If you believe that any information we are holding on you is incorrect or incomplete, please write to
or email us as soon as possible. We will promptly correct any information found to be incorrect.
Xcape Marine Terms & Conditions
Please read these terms & conditions carefully before placing your order & retain a copy of these
terms & conditions & a copy of your order for future reference.
Definitions
In these terms & conditions
A. We, us, our, supplier refer to Xcape Marine Ltd.
B. You & your refer to the purchaser of any goods from us.
C. Contract means the contract between you & us for the sale by us to you of goods.
D. Goods mean any goods or services you order from us.
E. Order means any order placed by you with us for the purchase of goods
F. Consumer means any natural person who, when placing an order with us, is acting for purposes
which are outside his or her trade, business or profession.
Business Sales
If you order goods other than as a consumer (eg because you are a business) then:
1. These terms & conditioned do not apply.
2. Our business terms & conditions shall apply to your order & any resulting contract between you &
us.
Index
1. Format of contract
2. Description & price of goods
3. Payment
4. Delivery
5. Risk / Title
6. Title for business customers
7. Cancellation
8. Warranty & Guarantee
9. Limitation of Liability
10. Data protection
11. Images
12. Statutory Rights
13. Your Responsibilities
1. Format of the Contract
The conditions which apply to your purchase of goods from us.
1.1 These terms of sale apply to all goods supplied by Xcape Marine registered in England and Wales
(the ‘Supplier’).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has
received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we
do have the right to terminate the contract in the event that the goods are unavailable, mis-priced
or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.6 Your order is an offer to us to buy the goods of the specification and description at the price
indicated.
1.7 Wherever possible we will accept your order to buy the goods of the specification and
description at the price indicated by e-mail and in which case there will be a concluded agreement
between you and us.
1.8 Wherever it is not possible to accept your order to buy the goods of the specification and
description at the price indicated we will advise you by e-mail and offer to sell you the goods of the
specification and description at the price stated in the e-mail and will state the period for which the
offer or the price remains valid.
1.9 You may accept our offer by e-mail within the period stated and in which case there will be a
concluded agreement between us
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at
the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are
not available in stock we will not accept your order. If after acceptance or job order the Supplier
discovers within [14 days] of our acceptance of your order that the goods are unavailable we may
terminate the contract and refund or re-credit you for any sum that has been paid by you or debited
from your credit card for the goods.
2.3 Every effort is made to ensure that prices displayed & shown on our website are accurate at the
time you place your order. If an error is found within 14 days of accepting your order, the Supplier
will inform you as soon as possible and offer you the option of reconfirming your order at the correct
price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days
of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if
the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund
or re-credit you for any sum that has been paid by you or debited from your credit card for the
goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5 The market in the goods is such that the specification, description and price of individual goods
can change.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the
Supplier’s website at the time you place your order. Payment shall be due before the delivery date
and time for payment shall be a fundamental term of this agreement, breach of which shall entitle
the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court
order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 We will not add any additional fees to your purchase if you pay via any of the card type
supported.
3.5 On completion of the transaction you will receive an email from us which will contain your
invoice within a few minutes of placing the/your order
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, except
that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before 1pm will were possible be sent the same day, however normal operation is
following day dispatch.
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier
will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to any other right or remedy available to the
Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance)
of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage
and selling expenses) account to you for any excess over the price you agreed to pay for the goods
or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit you within 14 days for any sum that has been paid
by you or debited from your credit card for the goods. On exercising your right to cancel you shall be
required to return the goods to the Supplier. Should you fail to return the goods, the Supplier
reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a
result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been
accepted. However, the Supplier will not be liable for any loss or damage suffered by you through
reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as
possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If
the package does not appear to be in good condition then please refuse the delivery. If you are
unable to check the contents of your delivery at the point of delivery then please sign for the parcel
as ‘UNCHECKED’. Failure to do so may affect any warranty claims that you make thereafter.
4.8 Refer to our delivery policy for methods of shipment & timeframes offered.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of
the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of
any third party in such a way that they remain readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their
full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and
not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately
if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with
your creditors, or otherwise take the benefit of any statutory provision for the time being in force for
the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver
and/or manager, administrator or administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any court for your winding up or for the
grant-ing of an administration order in respect of you, or any proceedings are commenced relating
to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or
obtained against you or you are unable to pay your debts within the meaning of section 123 of the
Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Cancellation
Your right of cancellation
7.1 You have the right to cancel the contract at any time within 14 days from order delivery (see
below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post
or the email, giving details of the goods ordered and (where appropriate) their delivery. Notification
by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after
the goods have been delivered to you, you will be responsible for returning the goods to the
Supplier at your own cost. The goods must be returned to the address shown within the Returns on
Line section of the website. You must take reasonable care to ensure the goods are not damaged in
the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving
notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to
return the goods yourself and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund
or re-credit you within 14 days for any sum that has been paid by you or debited from your credit
card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required,
the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has
been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save
where a fault is discovered which could not have been discovered otherwise than by unsealing the
goods.
7.7 The goods must be returned to us complete.
7.8 You are responsible for the cost of returning the goods to us.
7.9 We will reimburse any sum paid by you or on your behalf under or in relation to the agreement
including the costs of carriage and any insurance which you directed us to incur.
7.10 We will charge you the direct costs to us of recovering any goods supplied by us if you fail to
return the goods to us.
Our right of cancellation
7.11 If for reasons beyond our reasonable control, including but not limited to an inability or failure
on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable
to supply the goods to you, we may cancel the agreement at any time before the goods are
delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your
behalf under or in relation the agreement. We shall not be liable for any other loss or damage
whatever arising from such cancellation.
8. Warranty & Guarantee
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date
of supply (unless otherwise stated). This warranty does not affect your statutory rights as a
consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful
damage, accident, negligence by you or any third party, use otherwise than as recommended by the
Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without
the Supplier’s approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing
within 7 working days. (Please note that this is 48hrs for our business customers)
8.4 If the goods supplied to you develop a defect while under warranty or you have any other
complaint about the goods, you should notify the Supplier in writing as soon as possible, but in any
event within 14 days of the date you discovered or ought to have discovered the damage, defect or
complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or
damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal
injury caused by the Supplier’s negligence or fraudulent misrepresentation.
9.3 Our maximum liability to you under the contract shall be twice the value of the goods that you
ordered.
9.4 If you are a business customer the Supplier shall not be liable to you for any indirect or
consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or
otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
10. Data Protection
10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment
secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to
information supplied by you.
11. Images
11.1 Product images are for illustrative purposes only and may differ from the actual product.
12. Statutory rights
12.1 Your right of cancellation is in addition to your statutory rights.
12.2 The after sales service and warranty/guarantees for the return of goods by you to us mentioned
below do not affect your statutory rights.
13. Your Responsibilities
13.1 It is your responsibility to ensure compatibility of any goods offered for sale by us.
13.2 It is your responsibility to ensure proper installation of our goods.
T&C effective 30/11/2018, these terms & condition & the contract are subject to English law.
These terms of sale and the supply of the goods will be subject to English law and the English courts
will have jurisdiction in respect of any dispute arising from the contract, save that consumers
resident in Scotland shall have the right to insist upon these terms being construed in accordance
with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
