Terms & Conditions
Thank you for considering placing an order with 55-Degrees.co.uk. Before doing so, please take a few minutes to read through our Terms and Conditions, as by ordering any of our products, you agree to be bound by these Terms and Conditions. We recommend you print a copy for future reference.
1. About Us and Your Use of the Website
1.1 55-degrees.co.uk is a trading name of Holt Leisure Parks Limited (SC045382) and all references to 55-degrees.co.uk in these Terms and Conditions will be construed accordingly.
Our principal place of business is: -
Kip Marina
The Yacht Harbour
Inverkip
PA16 0AW
Our website is www.55-degrees.co.uk
Our telephone number is +44 (0) 1475 521485
Our email address is info@55-degrees.co.uk
Our Registered Office Address is: -Holt Leisure Parks Ltd
Our Company Registration Number is SC045382
Our VAT Registration Number is GB 263 6935 33
1.2 These Terms and Conditions apply to all sales taken through our website, and by using our website you agree that they apply to all contracts between you and us. They are liable to change at any time and any change will take effect from the time of publication on our website.
1.3 Your statutory rights are not affected.
1.4 By using this website you confirm and warrant that you are at least 18 years old, and may lawfully enter into a contract with us.
1.5 55-Degrees.co.uk may, at its discretion, accept orders for delivery to locations outside the UK. If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
2. Liability
2.1 We will not be liable to you for any indirect losses that happen as a side effect of any main loss or damage, including but not limited to, loss of revenue, profits, goodwill or business opportunity, anticipated savings, or for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is placed.
2.2 Provided we take reasonable care when we deliver goods to you our entire liability to you shall not exceed the price paid for the relevant goods purchased through our website www.55-degrees.co.uk
2.3 Nothing in these terms and conditions limits in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
3 Ordering Online
3.1 Having decided what you might like to purchase and adding it to your shopping cart our system will produce a final summary of what you are about to order and the cost involved. This constitutes our quotation for the products and delivery concerned. If you go ahead and place your order, this constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and no contract shall exist between us until we have confirmed your order by issuing your "Order Confirmation".
3.2 55-degrees.co.uk cannot accept your order until you have paid in full for the goods ordered and the delivery costs. Once payment has been processed for your transaction we will email you with your Order Confirmation and your Order Reference Number which will form the contract between us.
3.3 The contract will relate only to those goods whose despatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the despatch of such goods has been confirmed in a separate Order Confirmation.
3.4 All correspondence concerning your order, including your Order Confirmation email, will be sent to the email address you provide on your order details. You are responsible for ensuring this email address is correct. As long as your Order Confirmation is sent to that email address, our sending it creates a legally binding contract between us whether or not you receive the email.
3.5 We may decline any order prior to issuing your Order Confirmation but will inform you of this as soon as possible, and will endeavour to advise you of our reasons for doing so.
3.6 The default setting on our website is for prices to be quoted inclusive of VAT at the current rate. In either case the prices shown are exclusive of postage and packaging which are separately calculated once the total quantity of goods being ordered is known.
3.7 All orders will be accepted in UK Sterling (GBP) only, and payment may be made only by credit or debit card.
3.8 The price of any goods will be as quoted on our site from time to time, except in cases of obvious error. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
3.9 We endeavour to ensure all descriptions, images and specifications are accurate at all times. In doing so we are aware that photographs can look different depending on your monitor settings and, as such, they are published for illustrative purposes only and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
3.10 Title in the goods shall not pass to you until you have paid for them and their delivery in full however all risk of loss of or damage to the goods shall pass to you upon delivery.
3.11 Please check your order carefully before submitting it. Whilst we are happy to replace or exchange any faulty or damaged goods and to comply with your cancellation rights set out in section 4 below, we cannot be held liable for user errors in the ordering process.
4. Order Cancellation
4.1 If you are purchasing as a consumer (that is, not in the course of any business), in accordance with your statutory rights we offer a no quibble guarantee that, should you be dissatisfied with your goods, you may cancel your order within 28 days after the day on which you received your goods. In such an event we will refund you in full in accordance with our Refunds section as set out below. This provision does not affect your statutory rights.
4.2 If you wish to cancel your order then you need to inform us of your wish to do so by letter or by emailing us on info@55-degrees.co.uk informing us of your wish to return the goods to us and cancel your order.
4.3 You must then return the goods to us at your own expense, addressed to:-
55-Degrees
Kip Marina
The Yacht Harbour
Inverkip
PA16 0AW
Please note, you have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Goods Damaged in Transit
5.1 If the damage is immediately obvious on delivery then refuse to sign for the goods and they will be returned to us. In this instance please notify us immediately so we can liaise with the courier concerned and get a replacement item sent to you as soon as possible.
5.2 If you discover the damage subsequent to delivery having taken place then the goods should be returned to us immediately for our inspection.
5.3 Under no circumstances must items be used or worn when damaged. Before replacement goods or refunds can be issued, goods must be returned for our inspection and, if necessary, they may have to be returned to the manufacturer for testing.
5.4 Postage and packaging fees will be reimbursed for justified damage claims. Please keep receipts as necessary.
6. Refunds
6.1 When you return a product to us:
(a) because you have cancelled the contract between us within the 28 day cancellation period (see section 4 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase unless the original transaction was made more than 6 months previously in which case payment may be made via cheque instead.
6.3 If you are returning any items to us, we would strongly recommend that you obtain a certificate of posting from the post office and also consider insuring your parcel so that you can claim in the event of any loss or damage. We are unable to compensate you for parcels that are damaged or mislaid in transit.
6.4 This policy does not affect your statutory rights and it is the customer’s responsibility to ensure the safe return of any items to us. You can find out more about your right to cancel a contract formed at a distance as set out in the Consumer Protection (Distance Selling) Regulations 2000 from your local consumer advice centre (eg Citizens Advice Bureau).
7. Delivery of Goods
7.1 As set out in section 3 above, once your credit card transaction has been processed, you will be issued with your Order Confirmation and despatch will commence.
7.2 Whilst we make every effort to turn your order around as quickly as possible, delivery can take up to 10 working days from order of goods during busy periods (for goods for delivery within the UK).
7.3 On despatching your goods we will email you with confirmation of despatch together with a tracking number and details of how you may track your goods.
7.4 We will not be held liable for any delays in delivery caused by you or by circumstances outwith our control.
8 Service Interruption & Viruses 8.1 We have no control over the internet nor do we have control over the method by which you access this website. As a result, whilst we take all reasonable steps to ensure our website is virus free etc, we take no responsibility for any service interruption or the transmission of viruses or other malicious computer code through this website.
9. General Legal
9.1 It is our intention that these terms of use, and any document expressly referred to in them, constitute the entire agreement between you and us in relation to the purchase by you of the goods.
9.2 If any of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.3 The rights of both parties under these terms of use may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
9.4 We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
9.5 These Terms and Conditions and any contract entered into are subject to the laws of Scotland.
