Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1. Please read these terms and conditions carefully before using the web site operated by Shipping Guides Limited ('Shipping Guides' 'we' or 'us'). In particular, we draw your attention to clauses 10 (Applicability of online materials) and 14 (Liability). By accessing and browsing this site, you accept, without limitation or qualification, these terms and conditions, from time to time in force, and you agree to be legally bound by them as they apply to your use of or access to our web site.
1.2. If you do not wish to be bound by these terms and conditions then you may not use our web site.
2. Nature of our web site
2.1. Our web site is a place for you to select and order nautical guides, atlases, maps and related products (the 'Products') and for you to browse news articles, new information and other items that may be posted from time to time, for your general interest and entertainment. Our web site describes the Products in more detail.
2.2. Please note that you must be over 18 years to purchase the Products, using the payment method displayed on our web site.
3. Buying Products on our web site
3.1. To order a product you will need to follow the ordering procedures set out on our order page. (When you visit our order page the procedure you will follow will depend on whether or not you have an account with Shipping Guides.)
3.2. If you do not have an account with us, we must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.3. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site. If you do not have an account with us, you must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see the paragraph below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.4. Shipping Guides is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, as soon as reasonably possible.
3.5. You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4. Cancellation by us
4.1. You should be aware that it may not always be possible for Shipping Guides to fulfil orders due to factors beyond our control. We reserve the right to cancel the contract between us at our sole discretion and for any reason, including but not restricted to the following reasons:
4.1.1. we have insufficient stock to deliver the goods you have ordered;
4.1.2. we do not deliver to your area; or
4.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
4.2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
5. Delivery of goods to you
5.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2. Delivery will be made as soon as possible after your order is accepted.
5.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1. This clause 6.1. and the following clause 6.2. do not apply to orders placed by any business or in connection with any business. If you are a person who purchases goods for private use and not in connection with any business you may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from Shipping Guides, which will be paid as soon as possible, but in any event within 30 days of Shipping Guides receiving the products being returned by you. You must arrange for and pay the costs of returning the Products to Shipping Guides - on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
6.2. If the Product to be returned is in the form of a compact disc, the packaging containing the disc must not have been opened at any time. If it has been opened you are not permitted to return it unless clause 6.3. applies.
- the Product delivered is not what you ordered; or
- the Product delivered is not of a satisfactory quality;
- Shipping Guides will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products. For the avoidance of doubt this clause 6iii applies whether you are purchasing the Products as a business or as a private consumer.
7. Modifications to web site
7.1. We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
8. Information you provide
8.1. The following applies to any information you provide to us, for example during any registration or ordering process:
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our web site by us or our sub-contractors.
8.3. In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
- you must own or have the right to submit Content for publication on our web site;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
- we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
8.4. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information.
9.1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Shipping Guides immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
10. Applicability of Online Materials
10.1. Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
10.2. Our web site is controlled and operated by us from our offices in 28 Reigate Hill, Reigate, Surrey, RH2 9NG. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our web site and use of all information contained within it.
10.3. We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom. If you visit our website from a location outside the United Kingdom it is your sole responsibility to ensure that visiting and using our website is permitted under the laws applying in that location and we accept no liability for any resulting breach of such laws.
10.4. Shipping Guides makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Shipping Guides accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
11. Copyright and Monitoring
11.1. The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Shipping Guides or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Shipping Guides or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
12. Linked Sites
12.1. Shipping Guides make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Shipping Guides and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Shipping Guides endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
13. Availability of our web site
13.1 We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
14.1. We promise that all Products you purchase from our web site will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis.
14.2. In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Shipping Guides or our servants, agents or any other person.
14.3. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
14.4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.5. The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
15.1. We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
15.2. We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly and in the case of purchase, with every purchase.
15.4. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
15.5. These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
15.6. Neither you nor Shipping Guides will be held liable for any failure to perform any obligation to the other due to causes beyond your or Shipping Guides' respective reasonable control.
15.7. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
16.1. All notices shall be given:
- to you at either the e-mail or postal address you provide during any ordering process.
17.1. These terms and conditions replace all other terms and conditions previously applicable to the use of our web site and/or sale of the Products.