Terms & Conditions
These are the terms and conditions relating to purchases made in our Chandlery shop (the “terms and conditions”). in which we supply our goods (“Goods”)
Please read these terms and conditions carefully and make sure that you understand them, before purchasing or ordering any Goods from our store.
By ordering or purchasing, you agree to be bound by these terms and conditions. Your attention is drawn in particular to the provisions of our ability to cancel (clause 10), the Liability clause under which we limit our liability to you (clause 11) and the Force Majeure clause which allows us to cancel the contract if factors beyond our control intervene (clause 13).
Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our shop.
1) Information about us
Gibyachts is a trading name of James Molinary Ltd and is a company registered in Gibraltar with Business Licence No BL180078 issued by HM Government of Gibraltar.
2) Your status
By placing an order through our shop, you warrant that:
(a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; and (c) you have provided accurate details about yourself including your name, address and payment details and a contact number on which you can be easily reached.
3) How the contract is formed between you and us
Orders or Purchases that are on a credit account must be confirmed in writing unless otherwise agreed with the shop manager prior (an “Order”). All requests will be quoted for in writing unless already in stock. Once a quotation has been accepted by you, it constitutes an offer for you to buy the Goods. (an “Order”) All Orders are subject to acceptance by us and we are free to accept or decline your offer at our absolute discretion. Once an Order, placed by you, is accepted you will be contacted by one of our sales team confirming therefore will form a legally binding contract between you and us (the “Contract”).
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4) Cancellation and Return of Goods
Should you wish to cancel and/or amend your order you should contact a member of staff at Gibyachts. This provision does not affect your other statutory rights as a consumer.
Advice about your legal rights is available from the Gibraltar Citizen Advice Bureau or Gibraltar based lawyers.
You must ensure that on the day of delivery or collection. Delivery can only be made if prior access is granted to the site, marina or dockyard otherwise all goods must be collected from the shop. Should goods be too cumbersome for one adult to deliver, Gibyachts will request that you provide manpower to assist and that you will be responsible for this at your own cost and risk.
We do not accept any responsibility for damage to your property during delivery or collection other than damage due to our negligence when our liability is limited to the repair of that damage with no element of betterment.
Should you wish to cancel your Order once you have received delivery of the Goods, you will not be able to unless you have a statutory right to do so because the Goods are faulty or not as described. You also have a statutory duty to take reasonable care of the Goods. If you breach this duty, we may have a right of action against you.
If you wish to return the Goods to us after delivery, this must be done within 14 after delivery/collection, we will discuss the issue with yourselves and, if the item was from the shop stock, we would examine the Goods and, if satisfactory, issue a credit or refund against the account. Unless faulty, returns cannot be carried out for special orders that Gibyachts generally do not hold as stock.
We shall process refunds due to you as soon as possible, and in any case, within 14 days of the day we confirmed to you that you were entitled to a refund. We will refund the price of the Goods in full, any applicable delivery charges and not charge you any collection charge for collecting the Goods from you.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will take reasonable steps to pack the Goods properly and to ensure that you receive your Goods in good condition.
We will not be responsible for any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer’s instructions, or any alteration or repair you carry out without our prior written approval.
The Contract applies to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to the Contract.
5) Product Specification
We are under a legal duty to supply goods that are in conformity with the Contract.
Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.
Every effort will be made to match all goods to your specification. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Colours may also change with age and exposure to sun and other climatic conditions.
Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and any guarantee we may offer will continue to apply.
All products availability and delivery times quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. Delivery can only be made with prior arrangement and can only be delivered within Gibraltar. Access must also be pre-arranged.
If you are collecting the goods from the shop you must notify us in advance of the nominated person who will be collecting the goods.
Special non stock orders will have a shipping charge added. You will be made aware of the cost once you have requested the order and we have quoted you.
If you ask us to deliver the Order in installments, we may charge you extra delivery costs but this will be at the managers discretion.
7) Title and risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
8) Price and payment
Save where payment is to be made on a credit account, we will require payment in full of the value of the Order inclusive of VAT and any delivery costs prior to delivery.
Where payment is to be made on special orders we may require a 50% deposit to be paid at the time the Order is made.
The price of the Goods will be as quoted on order request. The delivery charge will be as set out in clause 6 above.
Gibraltar is VAT exempt so will not appear on quotes and invoices will not be subject to VAT.
The prices of the Goods and delivery charges are liable to change at any time, but any changes will not affect orders which are confirmed.
Goods ordered or purchased should be paid in full at point of sale unless a credit account is approved by the shop manager. Invoices issued on credit are subject to a 30 day limit unless other terms are agreed. If payment is not made within the agreed terms a 5% interest fee may apply each month thereafter, and, the account will be put on hold.
10) Cancellation by Gibyachts
We reserve the right to cancel an Order and terminate the Contract if: (a) we do not have the stock to fulfill an order, (b) we are unable to deliver your order, (c) your payment was not authorised, (d) the Goods contained in your Order were incorrectly described or priced on the website, (e) you have not complied with the Contract; or (f) there is some other substantial reason which means we need to cancel the order.
If the order is cancelled by Gibyachts, we shall aim to notify you as soon as possible. We shall reimburse you in full if we were forced to cancel under points (a) or (d). We shall reimburse you in full if we were forced to cancel under points (b) or (f) and the reason for the cancellation was wholly or substantially our fault.
11) Our liability
Subject to the provisions of this paragraph, if we fail to comply with the terms and conditions of the Contract, then our liability to you will be limited to the value of the Goods contained in the Order to which your complaint relates and for which you have paid.
We only supply Goods for your use, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity should you re-sell or use the Goods inappropriately.
Nothing in the Contract excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation:
(c) defective products or;
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Subject to the provisions of this paragraph, we are not liable to you for loss or damage you suffer that is indirect, consequential or special.
Subject to the provisions of this paragraph, the express terms of the Contract are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for the Contract, would be implied or incorporated by law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12) Data Protection
Gibyachts will comply with the statutory requirements imposed on us to keep your personal data confidential and secure.
Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under any guarantee. In order to do so we may need to disclose your personal data to selected third parties.
If you so choose, your personal data can also be used to enable us, to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
13) Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists between us forthwith without any further liability to the other party apart from providing you with a refund if you have not received the Goods.
14) Transfer of rights and obligations
You may not transfer any of your rights or obligations under the Contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the Contract to another organisation, but this will not affect your rights under the Contract.
15) Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our store or telephone sales system, you accept that communication with us will be mainly electronic. We may contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
All notices given by you to us must be given to our shop manager using either firstname.lastname@example.org or email@example.com or by post to Gibyachts, Unit G2, Europa Business Centre, Gibraltar, GX11 1AA.
We may give notice to you from either of the e-mail’s above. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address.
If any court or competent authority decides that any of the provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while the Contract is in force, to insist that you perform any of your obligations under the Contract, or if we do not exercise any of our rights or remedies under the Contract, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions of the Contract shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
The Contract applies between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth by Gibyachts or otherwise provided in writing.
A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts.
Alternative Dispute Resolution
If you are not entirely satisfied with your purchase please contact our shop manager at the email/addresses in clause (15)