Terms & Conditions
TERMS & CONDITIONS
Welcome to the website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by these terms and conditions, our delivery and returns policy, our privacy policy (below) and our cookie policy. If you do not agree to be bound by these terms and conditions you may not use or access this website. We have tried to make our terms & conditions as clear as possible, however if you do have any questions about the information here please contact us before you place an order.You can email our Customer Service team at: info@wakeandwave.com if you have any queries.
1. GENERAL
1.1 This website is operated by Castle Archdale Boat Hire and Watersports Ltd and trading under the name Wake and Wave (can be referred to as ("/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below and our delivery and returns policy, privacy policy and cookie policy. Please read through these terms and conditions carefully before using this website. Print a copy for future reference. Also read the other sections mentioned above regarding our policies.1.2 We reserve the right to change these terms and conditions, our delivery and returns policy, privacy policy and cookie policy at any time. You should check these pages regularly to take notice of any changes we may have made to the Terms of Service. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions, our delivery and returns policy, privacy policy and cookie policy on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions and other policies on the above pages.
1.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.4 When you use certain services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.5 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All passwords details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.6 You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
2. THE ORDER PROCESS, DELIVERY, PAYMENT AND RETURNS
2.1 The online store accessed through this Site is operated by Castle Archdale Boat Hire and Watersports Ltd, trading as “Wake and Wave”.2.2 Any purchases you make through the store are governed by ‘Wake and Wave’ terms, conditions and policies, which you can access from their website. Such terms, conditions, and policies, and any obligations or representations associated with such purchases, are solely between you and Wake and Wave. We do not file details of your order for you to subsequently access directly on this website; therefore, please print out these terms and conditions and the order acknowledgement, and confirmation for your own records.
3. INTELLECTUAL PROPERTY
3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.3.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4. LIABILITY AND INDEMNITY
4.1 Subject to Section 4.1 above, Wake and Wave will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Wake and Wave will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Wake and Wave accepts no liability of any kind for any loss or damage from action taken or not taken in reliance on material or information contained on the site.4.2 Wake and Wave will not be liable for economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
4.3 Not withstanding the above, Wake and Wave aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
4.4 We will take all reasonable precautions to keep the details of your order and payment secure, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
5. MISCELLANEOUS PROVISIONS
5.1 The contract between us shall be governed by the laws of Northern Ireland and any dispute between us will be resolved exclusively in the courts of Northern Ireland. English is the only language offered for the conclusion of the contract.5.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item, nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
5.3 Wake and Wave shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
5.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
5.5 You may not permit, create unauthorised framing of, or deep linking to, Wake and Wave, or the creation of derivative works thereof from any other website under your management or control.
5.6 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Wake and Wave.
5.7 Wake and Wave reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
5.8 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
5.9 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Castle Archdale Boat Hire and Watersports Ltd (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Castle Archdale Boat Hire and Watersports Ltd shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) A person who is a permitted successor or assignee under Section 5.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 5.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
6.0 No delay or failure by to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Castle Archdale Boat Hire and Watersports Ltd.
7.0 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Castle Archdale Boat Hire and Watersports Ltd to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Castle Archdale Boat Hire and Watersports Ltd for your use of this website.
8.0 Nothing stated in these terms & conditions or our other policy sections affects your statutory rights.
Castle Archdale Boat Hire and Watersports Ltd recommends that you print out a copy of these terms and conditions for future reference. If you have any questions regarding the website, please contact us using the details supplied on this website.
Registered Address: 12 Drumhoney Lane, Lisnarick, Co.Fermanagh, BT94 1NB