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TERMS & CONDITIONS

1. USE OF THE WEBSITE

This website is owned and operated by Exmouth Marina Limited ("we," "us" or "our"). By accessing this website and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions, you may not use or access this website. References to this website in these terms and conditions apply to this website however you access it, including accessing this website through our mobile applications or a version of this website optimised for use on mobile devices. Whenever you access this website through a mobile application or mobile-optimised version of this website, the section of these Terms and Conditions entitled "Mobile Access" also applies. Any questions regarding these Terms and Conditions or subsequent issues should be directed to:

IDENTITY OF SUPPLIER

Unless stated to the contrary on this website, the goods and services supplied in accordance with any contract made though this website are supplied by Exmouth Marina Ltd.

GENERAL

Orders/delivery requests placed by using this website, along with access to it, is granted strictly in accordance with these Terms and Conditions. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference. These Terms and Conditions apply to your order/delivery request. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders/delivery requests. We reserve the right to:

Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

Change the Terms and Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions, then you must immediately stop using the website.

We have taken every care in the preparation of the content of this website. However, to the extent permitted by applicable law, Exmouth Marina Ltd does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this website. To the fullest extent permitted by applicable laws, Exmouth Marina Ltd hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Exmouth Marina Ltd. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.

LINKING

Certain links in this website will lead to websites which are not under the control of Exmouth Marina Ltd. When any of these links are activated you will leave Exmouth Marina Ltd' website and Exmouth Marina Ltd has no control over and will not accept responsibility, or liability, for any material or service contained on any website which is not under the control of Exmouth Marina Ltd nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Exmouth Marina Ltd for any goods or services provided or available on such sites. Our linking policy is detailed in Section 5 of these Terms and Conditions.

Exmouth Marina Ltd makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the Service, or any of the Materials and accordingly Exmouth Marina Ltd accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the Service or in any Materials nor warrants nor endorses any advertising of third parties carried on the Service nor through the provision of links to that carried on other websites.

All information or content transmitted by any functionality made available on this website (including any mobile applications or a version of the website optimised for use on mobile devices), including online invitations, e-cards, email or send to a friend functionality are the responsibility of you, the sender. You confirm that by using this service you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. Neither Exmouth Marina Ltd can be held liable either directly or indirectly for the content of any such functionality, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Exmouth Marina Ltd for any such loss which may have occurred. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau. Customers will be required to register to use the services available from this website. Exmouth Marina Ltd may decline a registration request at its sole discretion. By registering for the services, customers agree to these Terms and Conditions and agree that:

The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects. You will notify us immediately of any changes to the personal information by updating your details on the 'My Account' page on the website or by contacting Exmouth Marina Ltd Customer service team. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. To comply with licensing and other legislation some services on this website are only available to those aged 18 years and over.

CONTRACT CREATION &
ELECTRONIC CONTRACTING

The technical steps required to create the contract between you and us are as follows:

You place the order for your products on this website by pressing the ‘complete my order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on this website. We will send to you an order acknowledgement email detailing the products you have ordered. Order acceptance and the completion of the contract between you and us will take place on at point of purchase unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions below.

• Non-acceptance of an order may be a result of one of the following:

• The product you ordered is not available from stock.

• We are unable to obtain authorisation for your payment

• A price or product description error is identified.

• You do not meet the eligibility to order criteria set out in the main Terms and Conditions.

THE CONTRACT WILL BE
CONCLUDED IN ENGLISH.

The details of your specific contract will not be filed by Exmouth Marina Ltd. If you do require any information regarding orders you have placed with Exmouth Marina Ltd, please write to us at the address set out above.

2. PRIVACY POLICY

Your privacy is very important to us, that’s why we will never release your personal details to any company outside Exmouth Marina Ltd for mailing or marketing purposes. We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep your details on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation in place from time to time.

However, we would like to keep you up to date with any developments at Exmouth Marina that might affect you and your mooring. We are constantly looking for ways to improve our service; we may therefore occasionally contact you for research purposes. We may contact you by post, telephone, SMS text messaging and/or email. Please note that you do not have to provide any information to use this website, but if you do choose to withhold essential data you will not be able to access certain sections or facilities within the site. If you do not wish to be sent further information but wish to make full use of this site, please click the relevant box indicating this wish during registration.

You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate or deleted. If you wish to view any information you have submitted, please contact Exmouth Marina Ltd Ltd, Greendale Business Park, Woodbury Salterton, Exeter, EX5 1EW. Nothing in these Terms and Conditions affects your rights under the Data Protection Act 1998. When you shop on this website, we will ask you to input and will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit/debit card, or other payment information, and a password. We may also collect, (and our third-party providers of advertisements and content may collect) information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service. We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

• To process your order

• For statistical purposes to improve this website and the service we offer

• To provide you with website content

• To administer this website.

• To notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.Your personal information may be disclosed to other businesses within the Exmouth Marina Ltd Group and to reputable third parties who will help process your order. Exmouth Marina Ltd require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information we are entitled do so. We keep a record of your purchases with us, which means we can create lists of your favourite items to make your shopping experience quicker and more convenient. It also means we can deal a lot quicker with any problems you may experience with your order.

COOKIES

Cookies are small bits of text that your web browser software stores on your computer when you visit some websites. Exmouth Marina Ltd websites uses cookies to make it easier to use our site and to allow us to improve the service to you, our customer. A cookie generated by exmouthmarina.co.uk allows us, for example, to retrieve your current shopping basket, to recognise you when you visit and to help you navigate around our website. Our cookies do not collect sensitive information such as your name, address or financial details. The cookie simply holds the "key" that, once you've signed in, is associated with this information. Because we rely on cookies to make the shopping experience easier and more tailored to your needs, your browser must be set to accept cookies before you can place an order with us. (You can change the cookie setting in your browser's preferences, usually found in the Edit menu.)

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3. ONLINE SHOPPING

DELIVERY/COLLECTION RESTRICTIONS

Delivery for all services will be available in restricted areas. Collection for orders placed via exmouth-marina.com is available from the Exmouth Marina Marina located at the Office & Harbour Master, The Docks, Exmouth, Devon, EX8 1DU. We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses if you are repeatedly unavailable to take delivery of your shopping at your chosen slot time or in other exceptional circumstances.

DELIVERY AND COLLECTION ARRANGEMENTS

In accepting these Terms and Conditions you agree to provide exmouthmarina.co.uk truthful and accurate information and act in accordance with the Licensing Act of 2003. Where a specific delivery date has been agreed, and where this delivery date cannot be met, you will be notified and given the opportunity to agree a new delivery date or receive a full refund. We shall use reasonable endeavours to meet any date agreed for delivery but shall not be liable for any losses, costs, damages or expenses incurred by the you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to your address specified in the order and the you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Risk in the Goods shall pass to you upon delivery of the Goods, or where you fail to take delivery at the agreed time, at the time delivery was attempted. Title in the Goods shall not pass to you until payment of the price has been made in full. We will provide an option for you to collect your order placed via exmouthmarina.co.uk from Marina Office at the following address The Docks, Exmouth, Devon, EX8 1DU. We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses, customers who are repeatedly unavailable to take delivery of their produce at their chosen slot time or in other exceptional circumstances.

If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we may follow the instructions you have given us of where to leave the goods in the circumstances. If we leave the goods on your doorstep or with a neighbour, and they are stolen or damaged, we do not accept any liability, and may offer you a refund or other compensation at our complete discretion.

If you have not contacted us to rearrange a failed delivery or collection within 24 hours, your order will be cancelled and the cost of your order (excluding the cost of perishable items and any other associated charges) will be refunded to you.

GENERAL PAYMENT PROVISIONS

Any of the following cards may be used to pay for your shopping: Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit and Solo. If payment details have been given, we will charge your card at point of purchase. All customers collecting items from our Marina Office, will be asked to provide a copy of the order confirmation email along with the payment card used. You are entitled to cancel a payment, or have such sums re-credited to your payment card where fraudulent use of your payment card has been made by another person not acting on your behalf.

PAYMENT SECURITY POLICY

We understand your concerns with security and your peace of mind and safety are of the utmost importance to us. As a result, we have developed a highly secure online ordering facility for the exmouthmarina.co.uk This is specifically intended to give you confidence when you use your credit or debit card to shop with us and when you tell us your personal details like your address or phone number.

CREDIT CARD SAFETY

Our online shopping service uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted to us. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private. We only ever show you the last four digits of your card number on our public internet site and of course, this information is 'for your eyes only'. If you do not wish to store your card details with us, you can enter these each time you place an order with the exmouthmarina.co.uk. Your payment details are held in a secure encrypted server which is not accessible from the Internet.

Once your order is processed, the payment details associated with your order are removed from our files.

VERIFIED BY VISA AND MASTERCARD® SECURECODE™

To give you even more confidence in shopping online with exmouthmarina.co.uk, we have introduced Verified by Visa and Mastercard® SecureCode™. These services enhance your existing card account security against unauthorised use when you shop with us. To use this service, you must first register with the bank or other organisation that issued your card. To find out more about these services:

Visit the Verified by Visa website

Visit the MasterCard® SecureCode™ website

Once you've registered and created your own private password with your bank, you will be automatically prompted at checkout to provide this password each time you make a purchase online.

AVAILABILITY

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. We will attempt to deliver a substitute item if an item you have selected is unavailable, If the substitute item is more expensive than your selected item we only charge you the price of your selected item.

QUANTITY LIMITS ON BULKY ITEMS

We may limit the number of units of bulky / heavy products per customer order. This applies to online delivery and collection.

ERRORS/SHORTAGES

We may decline to fulfil any order, including bulk purchase of items on promotion, or included in a special offer. In the event of there being errors or shortages, these should be brought to the attention of our customer service team (using the contact details above) no later than seven days after the delivery, or collection.

GENERAL PRICING POLICY

You have the right to return any product if you have any issues with price(s) charged and we will refund the amount that you have been charged for that product. Prices and the availability of special offers may vary for future dated deliveries and collections. Where Multi-value offers apply to a set of differently priced items, the saving or free item applies to the cheapest item or items. The unit price for products that are weighed and displayed on the site are calculated on drained weight where applicable.

CANCELLATION RIGHTS

Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

Please note that your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. Notice of such cancellation must be given in writing to Exmouth Marina, details as provided above. If you decide to cancel, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.

DELIVERING SHOPPING

There is a charge for delivering your order. Collection in the Marina office is currently free. You will be charged for your shopping to be picked, packed and delivered. We reserve the right to amend our charges, which are clearly defined during the checkout process. If you have booked a delivery and invalid card details have been entered on the checkout page our customer service team will contact, you to request payment details over the telephone before delivery can be made. Please see the General Payment Provisions above for further details.

AMENDMENTS TO ORDERS

Amendments to placed orders must be completed by 2pm on the day before delivery.

PRODUCT INFORMATION

The information is provided by Exmouth Marina Ltd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

ELIGIBILITY

Delivery only available in selected postcodes. See delivery information.

SHOPPING AND DELIVERY

Shopping must be completed in time for delivery. For next day delivery you will need to complete your shopping before 2pm the day before your delivery date. All deliveries must be booked prior to the delivery date. Goods may be delivered during an agreed delivery period the following day or on a specified day. Goods will be available the same day as your purchase if you are collecting from our Farm shop. Under no circumstances will goods be accepted for processing more than one day in advance of the agreed delivery time. Goods will always be delivered to the customer's registered delivery address unless, when booking, an alternative address, within the delivery area, is given.

DELIVERY CHARGES

Each delivery of goods totalling £50 or more will receive delivery free of charge. All deliveries of goods totalling less than £50 will be subject to the following charges: Next-day, anytime delivery £7.95 (Tuesday to Friday) - Order before 2pm and we’ll send out your items on an overnight service, to be received the next day between 8am and 6pm. Orders over £50 will receive free delivery.

DELIVERY SERVICE GUARANTEES AND RETURNS

You are covered by our quality guarantee on every product. If you are not entirely satisfied, we will refund and replace any item within 30 days of your order date subject to due compliance by you with these Terms & Conditions. Please contact the Customer Sales team with any queries. Nothing in these terms and conditions will affect your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.

LINKING POLICY

Exmouthmarina.co.uk aims to include links to websites that provide relevant and useful information. We do not link to individual personal websites and will not knowingly provide links to sites that contain illegal, offensive or misleading information. Wherever possible we aim to link to UK-based websites to ensure information is appropriate and relevant to our customers, and will only link to non-UK based websites when no equivalent website exists in the UK or if the information is directly pertinent to our users. Links will be provided at the discretion of exmouthmarina.co.uk. Although we endeavour to check sites for high quality, accurate and appropriate information, we will accept no responsibility or liability for any material or service contained on any web site which is not under the control of use nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by us for any goods or services provided or available on such sites. Linking to exmouthmarina.co.uk. You do not need to request permission to create a text link from your website to exmouthmarina.co.uk. If you would like to use a graphic or logo alongside a link, please contact us.

Exmouth Marina Ltd Ltd

Registered Office:
Greendale Business Park,
Woodbury Salterton,
Exeter, EX5 1EW

Exmouth Marina Ltd details:

Telephone: 01395 269 314
email: info@exmouthmarina.co.uk
VAT number: 412615 08
Company number: 0056685

Copyright Exmouth Marina Ltd Limited. All rights reserved. No part of this website may be reproduced in any material forms (including storing in any medium by electronic means) without the prior written permission of Exmouth Marina Ltd Limited. All requests for permission should be addressed to Marketing Manager, Internet and Ecommerce, Exmouth Marina Ltd Limited, The Estate Office, Greendale Business Park, Woodbury Salterton, Exeter, EX5 1EW.

4. MOBILE ACCESS

This section of the Terms and Conditions applies (in addition to the remaining Terms and Conditions) when you access this website using a mobile application or a version of this website optimised for use on mobile devices. If you do not agree to be bound by any of these Terms and Conditions, you may not use or access the Mobile Access Channel and should, if applicable, delete any mobile application used to access the Mobile Access Channel. Our Mobile friendly website is data intensive. You are responsible for any carrier or other data charges incurred when using it, and neither we nor the Exmouth Marina Ltd Group will be liable for any charges you incur. We recommend you check with your network provider if you are unsure of the charges that may apply. The Mobile site will use your device's cellular and/or Wi-Fi connection to synchronise content, product catalogue and Farm shop information on the Mobile Access Channel with the information on the main Exmouth Marina Ltd website. As we have no control over your device's network connection, we cannot represent or warrant that any information (including prices, stock availability, product and store information) is correct or up to date. In the event of a price discrepancy, content and prices published on the main exmouthmarina.co.uk website will take precedence. By using the Mobile site to locate our Marina, you consent to us collecting location data from your mobile device solely for the purposes of providing you with details of our Marina. We use this location data anonymously and will not use it for any other purpose. The Mobile site is only intended for use by users located in the United Kingdom [and the Channel Islands]. Users accessing from outside [these jurisdictions] [the UK] are responsible for confirming the legality of doing so under local law, and should also note the section of these Terms and Conditions entitled "Delivery/collection restrictions".