Terms and Conditions for Accessing and Purchasing from The Blue Oyster Marine Store. Blue Oyster Marine Store Gibraltar - The Yacht Shop in Gibraltar.

LEGAL INFORMATION Imnasa Logo Dealer

Blue Oyster Limited

Suit 1 Burns House Gibraltar

Tel.: + 350 5401 9358 +34 972 662 494

www.blue-oyster-sailing.com

Legally responsible person for the content of this website:

Vivien E Capel

Company Registration Number

Gibraltar 106358

TERMS & CONDITIONS

  1. INTRODUCTION

1.1. The Terms & Conditions of sale detailed below only govern the contractual relationship between the User/Customer, hereafter referred to as «You» and Blue Oyster Limited hereafter referred to as «BOS» and as «Blue Oyster». These Terms & Conditions of sale are applicable only to Blue Oyster Limited.

1.2. Both parties accept these conditions unreservedly. These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our Terms & Conditions of sale, having read them. These Terms and Conditions of sale are important for you and BOS as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between both.

  1. ORDERING A PRODUCT

2.1. You must be at least 18 years old to order.

2.2. You have to place the order on our Website: www.blue-oyster-sailing.com (24 hours a day and 7 days a week) by email to confirm the booking.

The ordering process consists of 5 easy steps:

  • You choose the products you would like to buy and confirm by Email. After sending your email with the product codes we will confirm the price.

  • You choose your delivery method collect from DHL Gibraltar or DHL deliver.

  • You fill out the customer form containing the following information: title, first name, surname, complete delivery address, email, and telephone number.

  • You select your method of payment. Paypal or Bank to Bank Transfer.

  • You accept the general terms and conditions of sale.

2.3. When you place an order, you will receive confirmation in the form of an email.

2.4. If you submit an order for goods via this site we will acknowledge receipt of your order by sending you an email acknowledging your order. This is an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate email.

2.5. The selection on our site reflects what is in stock at that moment. Until you have completed the purchase process, another customer may purchase the in stock item even if you have ordered it or verbally reserved the item.

2.6. BOS reserves the right to not accept or cancel any orders made on our website, by phone or email.

  1. PRODUCT SPECIFICATION

3.1. Published product details, specifications and suitability information is the best available at the time. BOS shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s required for the repair of an item. If you have ordered an item that has an unsuitable product description we will remedy this by providing you a full refund upon the return of the item.

3.2. We encourage you to ensure all spare parts are fitted by a competent person in accordance with manufacturer specifications. BOS cannot be held liable for any damage caused by the fitting of a spare part.

3.3. Please ensure that you have read your warranty conditions before attempting to install a part. BOS cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified technician.

  1. PRICING

4.1. The prices for the products are indicated as below:

*- For European Union customers:

In accordance with the laws governing members of the European Union, BOS is obliged to charge VAT on all orders delivered to destinations in member countries of the EU purchased outside of Gibraltar. The price displayed for each item sold by us does not include VAT. However, if we are shipping your order from Gibraltar you may have to pay VAT in your own country on receipt.

*- For other customers out side the European Union:

VAT does not apply to orders that are to be shipped outside the European Union or to Tax Free Areas such as Gibraltar or the Canary Islands, Channel Islands (If you have any doubts about Tax Free Areas, please contact our Customer Services Team).These areas will be priced and billed with VAT deducted. Please note that local tax and customs duty may apply.For full details please consult your local Customs office.If you select delivery country outside the European Union, prices will be displayed VAT free.

  1. AVAILABILITY / ESTIMATED DELIVERY TIMES

5.1. We do our best to ensure availability of all advertised products and endeavour to dispatch all parts within the quoted time. If there is a delay we will inform you of this via email and the product will be dispatched as soon as it is available. If you have ordered multiple items they arrive separately.

5.2. We have no liability to you for any delay in the delivery of products ordered. We will do our best to get all orders sent out as quickly as possible.

5.3. Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete we will inform you as soon as possible and offer you an alternative if available.

  1. DELIVERY OF PARCELS

6.1. We will ship your parcel to the delivery address you indicated by you.

6.2. We will advise you of the shipping cost.

6.3. If an item is advised as "In Stock" the time between the process of placing your order and the date when the courier delivers your parcel to the determined delivery address, is bound to 2 factors:

  1. The shipping time (1 to 2 working days): validation of your payment + preparation of your order + reception of your parcel by the courier service agent.
  2. The time of delivery by the courier service agent. You will be informed from the beginning of this process, from the moment you receive an e-mail confirmation about your order being dispatched. All processes are indicated in working days.

6.4. Your parcel will be prepared for shipment once your payment is processed and received correctly. Your parcel will be shipped using one of the following options you can choose:

For shipments within the European Union: • DHL Express: Air transport. The available items will be delivered to you 1-2 working days after the shipment is done. • SEUR – GLS – DPD – PARCEL FORCE: ground transport; The items will be delivered to you 1-5 working days after the shipment is done (depending on the destination country).

For shipments outside of the European Union: • DHL Express. The available items will be delivered 2-5 working days after the shipment is done (depending on the destination country). Our courier service partners do not deliver parcels to PO boxes, military addresses or hotels.

6.5. We indicate all process times in working days, excluding Saturdays, Sundays and bank holidays. If for any reason within the control of BOS, the processing time is exceeded, we will inform you about the situation and propose an alternative solution.

6.6. The client is bound to be, either him/herself or any other designated person,at the delivery address. In the case of absence of the receiver, the courier will insist with several delivery attempts. If after these attempts the delivery is still unsuccessful, the parcel will be sent back to BOS. After receiving the parcel, we will process a refund of the amount paid for the items. The shipping costs will be at the client's expense.

  1. SECURE PAYMENT

7.1. BOS uses Paypal for all on line transactions.

7.2. Please note that if we suspect fraud, we have the right to cancel the transaction for security reasons.

7.3. BOS offers Paypal or Bank to Bank Transfer for all items purchased.

  • By bank transfer payments:

You will find our banking details when finishing the order as well as by email on the order confirmation; you will be able to perform the transfer at your bank. As soon as we have received your payment, the order will be shipped. Before selecting bank transfer as your payment method, please be aware that your bank will charge you an international transfer fee, therefore increasing the overall cost of your order. Once your payment is received, we will dispatch your goods. The processing of off-line payments may take several days.

Important: If you choose Bank Transfer as a payment method, your ordered items will be reserved or back ordered once your payment is accepted on our account.

Important: Please transfer the total invoice amount using your name and the reference indicated when you are finishing the order.

  • By PayPal :

You can pay quickly and securely with your PayPal account or your debit/credit card without sharing your financial information with BOS. PayPal uses the latest in data encryption and anti-fraud technology to help keep your information secure, reducing the risk of online fraud.

Unfortunately, we do not accept cheques or postal orders, eurocheques, cash in any currency or International debit cards.

7.4. BOS reserves the right to refuse an order placed which has not been totally paid.

7.5. BOS controls all the orders that have been validated on the Website. These controls aim to protect BOS from abusive practices operated by a fraudster. Our services might ask you to provide additional information to unblock your order: proof of address or billing for the person indicated as the recipient. These requests will be made by email for example, for orders with delivery address different to the billing address.

  1. CREDIT CARD SECURITY/Paypal

8.1. In order to ensure secure payments, we offer the use of secure servers where information is protected by Secure Sockets Layer (SSL), the industry standard encryption technology. SSL works with Netscape Navigator, Microsoft Internet Explorer, AOL and other browsers. This encryption makes it virtually impossible for unauthorized parties to read any information that you send us.

8.2. When your order is processed your encrypted credit card number is removed from the web server. This means that there is no way that someone can obtain your credit card number from CRC so you can order with confidence! Please be aware that in the interests of credit card security you may be contacted prior to the dispatch of your order with a request for additional information.

  1. SATISFIED OR YOUR MONEY BACK

9.1 Right to cancel:

The Distance Selling Regulations give you the right to cancel your purchase of an item without having to give a reason. Within 30 working days beginning the day after the day on which you received the goods (a "cooling off period").

You must notify us of your cancellation in writing or in another durable medium by e-mail to info@blueoystersailing.com

9.2 Cancellation consequences:

If you are in possession of the goods you are under the duty to retain the ítem and take reasonable care of them. You must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) as soon as possible.

Once you have notified us that you wish to cancel the contract, any sum debited to us from your credit card will be re credited to your account as soon as possible and in any event within 30 days of your cancellation.

Where we collect an item from you we reserve the right to charge the direct costs of recovery from the payment card used for the original order.

9.3 Refunds policy:

  • If you return the goods to us because you have cancelled your purchase before has been shipped, we will process the refund within 30 days after you have given notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the item to you. If you return an ítem to us within 30 days after receipt (cooling-off period), we will refund the cost of the item to you once this can be registered in our Returns department.

  • If you are not satisfied with a product for any reason beyond our responsibility, you can send it back to us at your expense. Once we receive the product and confirm it has been returned to us in unused/unworn conditions and with the original labels and packaging, we will refund the amount you paid for the product, not including any of the generated postage costs.

  • If we delivered a different product or size than the one you stated in your order, we will organise a collection for it at our expense. Once we receive the product and confirm it has been returned to us in unused/unworn conditions and with the original labels and packaging, we will refund the amount you paid for the product and shipping.

We will refund any money received from you using the same method originally used to pay for your purchase.

You must notify us of your cancellation in writing to our Customer Enquiry Form, if you are already in possession of the goods.

While you do not need to give us any reason for cancelling your contract and nor will you have to pay any penalty, it is essential that you return the goods to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the goods while they are in your possession.

  1. RETURNS

10.1. You have the right to cancel your order, or return an already received item for refund within the 30 days “cooling off” period, explained in our refunds policy.

  • We will happily refund any item purchased on BOS website.

  • We cannot accept returns on clothing that has been personalized e.g. with name printing or without label.

  • A completed returns form has to be included in all returned parcels.

  • We will issue any refunds to the method of payment that was used for the purchase. The refund process may take several days to be completed, depending on the respective bank or credit card company.

  1. PRODUCT GUARANTEES

11.1. All our products the international manufacturer’s guarantee. If you find a defect, you may send us some pictures on which the defect is visible, so we can send them over to the manufacturer. When the manufacturer confirms that the defect is covered by warranty, we will organise a collection for the item and send it to the manufacturer once we receive it. They will then decide whether the item will be repaired or replaced by a new one.

  • In the case of repair, the repaired item will be sent back to you.
  • In the case of replacement by a new one, you can request to have the new item shipped to you at our expense, or to get the amount you paid for the item and shipping refunded to you.

11.2. The legal guarantee concerning product conformity does not apply in some cases:

*- when damage is caused by external factors such as shocks, lightning, power surges, rust and sand.

*- when damage is caused by the customer's non-respect of the manufacturer's instructions regarding the use and installation of the product.

*- when damage is caused by the customer's misuse of the product.

*- when the customer is aware of damage to the product at the time of placing his order.

  1. RESPONSIBILITY

12.1. For all stages, from access to the Websites, browsing, filling in forms, placing an order, delivering items or any other service, BOS only has an obligation for due care. Therefore, BOS cannot be held responsible for any inconvenience or damages arising from the use of the Internet and completely outside the diligence and precautions taken by BOS.

12.2. In particular, BOS cannot be held responsible for any disruption in provision of the service, or any external intrusion or presence of a computer virus. Customers benefit from guarantees offered by the brands listed on the Websites.

  1. REVIEWS & COMMENTS

13.1. We encourage you to leave reviews, suggestions and product questions via email.

  1. INTELLECTUAL PROPERTY

14.1. BOS creates some of the pictures and descriptions for our Website. This information is copyright of BOS and may not be used by any other party without express permission of BOS.

  1. PRIVACY POLICY

15.1. BOS is committed to protecting your privacy. We will only use the information that we collect about you lawfully. We collect information about you for 2 reasons: firstly, to process your order and secondly to provide you with the best service possible. Removal from our mailing list can be done at any point by contacting our Customer Service Team.

15.2. The type of information we will collect about you when you place an order or register on our Websites includes:

*- Address

*- Phone Number

*- Email Address

*- Credit/Debit card details

15.3. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information that we hold will be held securely in accordance with our internal security policy and the law. We will not transfer or sell your information. We may use technology to track the patterns of behaviour of visitors to our Website. If you have any questions/comments about privacy, you should email us at info@blueoystersailing.com

15.4. We use the information you provide for the following purposes:

*- To send updates regarding the status of your enquiry or order.

*- To improve the design and content of the BOS Website.

*- To understand the buying behaviour of our registered users.

*- To perform other general marketing and promotional activities focused on our products and services.

15.5. When you place an order we need to know your name, email address, delivery address, we may also ask for your telephone number which enables us to contact you urgently if there is a problem with your order.

15.6. By submitting information to BOS you consent to the collection and use of this information by BOS and its Service Provider (if any). If we decide to change our privacy policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it.

15.7. We have designed our Website to protect the information we collect on line from unauthorized access. We safeguard your private information by implementing the appropriate physical, electronic and managerial procedure necessary to protect your privacy. To further protect your security, we also take the reasonable steps to verify your identity before granting access to your personal profile or making data changes. We are committed to protecting your privacy and have security measures in place to prevent unauthorized access to and disclosure of your personal information.

15.8. For statistical data, BOS places a cookie (small text file) in your computer. Cookies are not harmful for your computer and can be read only by the websites that placed it in your computer. They are not virus spreaders, and cannot be used to search your hard drive. This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your browser, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Our website uses social plugins ( "Plugins") of the facebook.com social network, which is operated by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins are marked with a Facebook logo or with the words "Facebook social Plugin".If you visit one of our website, which contains such a plugin, your internet browser connects directly to the servers of Facebook. The content of the Plugin is transferred directly to your browser and is integrated to the website.

By integrating the plugin, Facebook receives the information that a corresponding website of ours has been viewed. If you are logged into Facebook, Facebook can assign your visit to your account. If you interact with the plugins, for example you confirm the "Like" button or make a comment, the corresponding information from your browser is sent directly to Facebook and saved there as well.

To find out the purpose and extent of the collection of data, the further processing and usage of your data by Facebook as well as your rights and possible settings to protect your privacy please consider the privacy statement of Facebook.

15.9. The above privacy statement may not be applicable in all countries of Tradeinn visitors or registered community users, as security policies may vary according to the individual Internet laws in each host country.

15.10. If we decide to change our Terms and Conditions, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

15.11. If you have purchased something based on a picture or description on our Website which turns out to be incorrect we will be happy to replace or refund the product (unused).

15.12. Unless otherwise stated, all rights, including copyright, in the content of BOS Website are owned and controlled for these purposes by BOS. In accessing BOS Website, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of these BOS pages for any other purpose whatsoever, in any medium, without the prior written permission of BOS.

  1. DATA PROTECTION

16.1. The contract´s content will be stored. You may store the general terms and conditions and readily look them up. For safety reasons your order´s data are not available via internet. We keep these data in confidence according to our privacy policy