1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your listing to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. ‘We’ means webuyanyboat.com, webuyanyboat.com is operated by Victory Yachts Limited, a company registered in England with company number 08104536 whose registered office address is 23 Crichel Mount Road, Poole, Dorset BH14 8LT.
2.2 How to contact us. You can contact us by writing to us at [email protected] or 23 Crichel Mount Road, Poole, Dorset BH14 8LT.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 “Services” means the services as set out in section 4 below.
2.6 “Website” means the website www.webuyanyboat.com
3. OUR CONTRACT WITH YOU
3.1 How we will accept your listing. Our acceptance of your listing will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your listing. If we are unable to accept your listing, we will inform you of this in writing.
4. OUR SERVICES
4.1 We provide a portal for Buyers who are looking to purchase boats. In uploading the details of your boat onto our portal you acknowledge that the details of your boat will be made available to potential Buyers who use our Website as a resource to source used boats.
4.2 We do not buy boats. Boats are bought by the third parties (‘Buyers’) who may be introduced to you via the Website.
4.3 It is your responsibility to upload accurate details describing your boat. We will not verify any information provided by you. If you choose to upload pictures these should be of the actual Boat that you are selling. Pictures of a similar or identical model are not acceptable.
4.4 Buyers are free to search our database and will contact you directly using the contact information that you have uploaded. We do not contact Buyers directly with details of each boat that is uploaded onto our database.
4.5 We do not guarantee that any offer will be made for the purchase of your Boat. Buyers are under no obligation to make an offer for purchase and you are under no obligation to accept an offer for purchase.
4.6 You must own the listed Boat with no outstanding finance or other loans secured on it. We will remove listings for any Boat which we suspect is not owned outright by You. The Website is a portal for individual owners and not for agents working in a commercial capacity.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your listing please contact us. We will let you know if the change is possible.
6. PROVIDING THE SERVICES
6.1 We will begin the Services within 24 hours of the time we accept your listing and will continue to provide the Services for a period of 7 days thereafter.
6.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.
6.3 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements;
(c) Investigate and resolve any breach of your obligations as set out in these terms and conditions
6.4 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency or suspension as a consequence of your breach of your obligations contain in section 4.6 above.
7. PRICE AND PAYMENT
7.1 You must inform us once your Boat has been sold and give us full details of the purchase price and any special terms relating to the purchase. We are only able to continue to provide the Services provided that our users are honest about the purchases which have taken place as a consequence of each listing. You are therefore obliged to disclose to us the particulars of any sale which takes place between you and any Buyer introduced to you as a consequence of your listing.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you; and
(b) if you agreed to this during the order process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
9.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
10. OTHER IMPORTANT TERMS
10.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.