Terms of Use
Your use of the BOATBLING website - Boatling.com and any subdomains including boatbling.es, boatbling.de, boatbling.fr, boatbling.co.uk, boatbling.nl, boatbling.it, boatbling.dk, boatbling.se - our "Online Platform", is governed by these Terms of Use:
This document (hereinafter referred to as our 'Terms of Use') provides information about the terms on which we grant, permit and allow you to access the Website and the Online Platform.
We encourage you to print a copy of this document and refer to it whenever you use our systems and services. If it becomes necessary to change the Terms of Use or to add or remove any part at any time, we will post such changes on Boatbling.com.
It is your responsibility to check the Website for any changes. You agree to be bound by such changes by continuing to use the Systems and Services.
IF YOU DO NOT ACCEPT ANY FUTURE CHANGES, YOU MUST STOP USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR AFTER THE POSTING OF SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY SUCH CHANGES.
What do the words and phrases in these terms mean?
“Account” means your Account that we manage and that you manage within the Online Platform.
'Free' means free, without financial consideration.
“Content” means all content, documents, information and items on or in your account or contained within the Website and/or the Online Platform, whether through the Website and/or the Online Platform or uploaded manually.
“Deferred Payment Date” means the definition as set out in the Service Agreement.
“Online Platform” means the free software provided to customers in accordance with these Terms of Use.
"Fully Managed Service" means our fully managed service offered from time to time. For more information, visit Boatbling.com.
“Privacy Policy” means the Privacy Policy as amended from time to time and published on the Online Platform.
“Services” means any services offered by Boatbling from time to time through the Online Platform.
“Systems” means the Online Platform.
“Terms” means these Terms of Use and the Privacy Policy, as amended from time to time.
“User” means you or anyone using the Systems.
“Website” means Boatbling.com or any of its subdomains as described above.
Code of Conduct:
Boatbling is about the love for everything boating. We believe in empowering individuality that is reflected in your yacht. Our mission is to be the global platform for luxury boatbling, connecting makers, curators and consumers.
Acceptable Use Conditions:
There are rules and standards that you must adhere to in connection with your use of the Systems. This is for the protection of all Users. Boatbling has the right to enforce these
guidelines that it deems appropriate in its sole discretion. This means that if you, or anyone using your account, password or identification information, violates these Terms, Boatbling may take any and all actions, from issuing a warning to terminating your right to use the Systems (without refund or partial credit of any fees paid) to involving such law enforcement authorities as Boatbling deems necessary or appropriate. Boatbling is not obligated to provide notice prior to terminating your right to use the Systems for violation of these Terms, but may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST BOATBLING, AND TO INDEMNIFY AND HOLD HARMLESS BOATBLING FROM ANY AND ALL CLAIMS RELATING TO ANY ACTION TAKEN.
BY BOOTSLINGEN AS PART OF ITS INVESTIGATION INTO A SUSPECTED BREACH OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A BREACH OF THIS AGREEMENT HAS OCCURRED OR THE REVOCATION OF
THE SYSTEMS, WHETHER TEMPORARY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE BOATBLING OR RECOVER ANY DAMAGES FROM BOATBLING AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR
TERMINATE YOUR ACCESS TO THE SYSTEMS OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BOATBLING'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION AND INDEMNIFICATION PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Disclaimer of warranties; limitations of liability:
You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided "as is" and "as available" for your use, without warranty of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Boatbling, its directors, officers, employees, affiliates, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising out of your use of any of the systems or for any other claim in any way connected with your use of the systems. Notices.
Boatbling may provide you with notices regarding the Systems by sending an email to the email address specified in your Boatbling account or by sending a letter via postal mail to the contact address specified in your Boatbling account.
Legal principles:
You agree that these Terms are not intended to confer any rights or remedies upon any person other than you, as a User of the Systems, and Boatbling.
If any part of the Terms is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law, so as to reflect as closely as possible the original content.
intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Boatbling to enforce any right or provision of the Terms will not constitute a waiver of such right or provision or any other provision of the Terms.
The personal information you provide to Boatbling when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained on the Boatbling records in the United Kingdom. If you do not consent to this transfer, please do not accept these terms and conditions.
Special provisions:
Boatbling does not warrant or guarantee that photographs, digital images, data or text (collectively, "Content" for the purposes of this provision) created, uploaded, transmitted or stored for the purpose of your use of the Systems will not be subject to unintended changes.
damage, corruption or destruction. If Content is damaged, lost or corrupted in any way, Boatbling has no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content generated or uploaded to Boatbling. Boatbling is not and shall not be responsible for anything contained in such Content.
While Boatbling encourages you to use the Systems to express your individuality, Boatbling reserves the right to refuse to process any order or upload from you that contains Content that Boatbling, in its sole discretion, deems to be offensive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise objectionable, illegal, inappropriate or unacceptable, including any material that Boatbling believes could give rise to liability under applicable law or regulation, or that could cause Boatbling to lose the Systems provided by suppliers as part of the Systems or in connection with the fulfillment of an order for Systems.
By submitting Content to Boatbling, you represent that you are the owner of such material, or that you have the appropriate permission from the owner of the Content to distribute it. You hereby grant Boatbling a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of providing and processing the Systems.
No property:
Nothing in this Agreement shall be construed as granting to you any interest, ownership right or license in any Boatbling password, email address, domain name or similar resource used by you in connection with the Systems or the Software.
Our privacy policy:
You understand that by using the Systems, you consent and agree to the collection and use of certain information about you and your use of the Site in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information relating to your Account and any devices or computers registered thereunder for the purpose of providing the Systems and all features therein to you. Information collected by us when you use the Systems may also include technical or diagnostic information relating to your usage that may be used by us to support, improve and enhance our Systems. For more information, please read our
full privacy policy.
Registration:
In order to use the Online Platform you must register at www.boatbling.com You must provide accurate information about yourself and agree to our verification process. As part of that process we will collect details of your IP address.
By registering with Boatbling you give us your express permission to do so. Once registration is complete, we will open an account for you free of charge, which will give you access to
the Online Platform. You must keep all your Account details, usernames and passwords confidential and not disclose the details to anyone. Please refer to the Terms
For more information and conditions, please refer to the Terms of Use.
Access to the online platform:
Once you have registered with Boatbling, you will be given access to the Online Platform. You may then use the Online Platform subject to these Terms of Use, the Privacy Policy and any other terms you have agreed to.
Please ensure that you are fully aware of these terms and conditions.
Your agreement:
You agree that you will NOT use the Systems to:
● Upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful,
racially or ethnically offensive, or otherwise objectionable;
● Stalking, harassing, threatening or harming another person;
● Impersonate any person or entity that you are not: You may not impersonate any person, entity, user, employee of Boatbling or , or otherwise misrepresent your affiliation with a person or entity (Boatbling reserves the right to reject or block any Boatbling ID or email address that could be construed as an impersonation or misrepresentation of your identity, or a misappropriation of the name or identity of another person);
● Infringe copyright or other intellectual property rights (including uploading content for which you do not have the right to upload) or disclose trade secrets or confidential information in breach of a confidentiality, employment or nondisclosure agreement;
● Post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam or chain letters, including, but not limited to, bulk commercial advertising and informational announcements;
● Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to cause damage,
disrupt or impair the normal operation of the Systems (or any part thereof) or any other computer software or hardware;
● Interfere with or disrupt the Systems (including accessing the Systems through automated means, such as scripts or web crawlers) or servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorized access to, use or monitoring of data or traffic thereon);
● Planning or carrying out illegal activities; and/or
● Collect and store personal information about other users of the Systems for use in connection with any of the prohibited activities listed above.
You further agree:
● Not to disclose your account details to anyone;
● You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Boatbling of any breach of security;
● That the Products and Services are designed and intended for personal use on an individual basis and that you may not share your Account details and/or password details with any other person and/or legal entity;
● Provided we have exercised reasonable skill and care, Boatbling will not be liable for any loss arising from the unauthorised use of your account as a result of your failure to comply with these rules;
● Boatbling will never ask you to provide your account password, either verbally or in writing;
● To provide accurate and complete information when you register with and use the Systems. You agree to update your account information to keep it accurate and complete.
● Failure to provide accurate, current and complete account information may result in suspension and/or termination of your account and/or products and services (without refund or partial credit of any fees paid).
Removing content:
You acknowledge that Boatbling is in no way responsible or liable for Content provided by others and has no duty to pre-screen such Content. However, Boatbling reserves the right at all times to determine whether Content is appropriate and in
compliance with this Agreement and may at any time, without prior notice and in our sole discretion, pre-screen, move, refuse, modify and/or remove any content if it determines that such content violates this Agreement or is otherwise objectionable.
Furthermore, Boatbling reserves the right to access your account (which may include taking full control) to ensure orderly and reasonable conduct in accordance with these Terms, the Privacy Policy and (if applicable) the Service Agreement. This may include withdrawing products. You will be given verbal notice to take the necessary steps to resolve the issue. Should you not respond to this request within 2 days, we will give you a further 7 days in writing, after which Boatbling will take the appropriate action.
Access your account and content:
Boatbling reserves the right to take any steps Boatbling reasonably deems necessary or appropriate to enforce and/or verify compliance with any portion of this Agreement. You acknowledge and agree that Boatbling may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials and/or any third party as Boatbling reasonably deems necessary or appropriate, if required by law or if we have a good faith belief that such access, use, disclosure or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of a potential violation thereof; (c) detect, prevent, or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Boatbling, its Users, any third party or the public as required or permitted by law.
As part of the process of using the Systems, certain personal information will need to be disclosed to third parties, such as service providers, registered boat owners, legal advisors, third party web portals and such others as Boatbling deems necessary to enable them to provide the Systems. By agreeing to these Terms, you agree and accept that such information may be disclosed. For the avoidance of doubt, Boatbling reserves the right
the right to take control of your account, including changing your login information and password, to enforce all or part of these Terms or Service Agreement.
Using your data:
A potential buyer is someone who wants to buy a product through the Boatbling platform. Boatbling must disclose the buyer's name, address and contact details.
potential buyer or potential seller (and vice versa). By participating in any of the above processes or services, you consent to the disclosure of your information.
Legal advisor
Boatbling must disclose the name, address, contact details, the amount for which the products/products are being purchased and all terms of purchase relating to the transaction to the legal advisors acting on either or both sides of the transaction. By agreeing to these terms you agree that we may do this.
Information and data:
All information and/or data that you provide to Boatbling and that are used by Boatbling directly or indirectly in the execution of the Terms shall remain your property at all times. These shall be identified, clearly marked and recorded as such by Boatbling on all media and in all documentation.
Boatbling takes all reasonable precautions to maintain the integrity of this data and information and to prevent its corruption, loss, damage or destruction.
Boatbling agrees to comply with and to take adequate measures to ensure that its personnel comply with the provisions at all times. Any personal data that Boatbling obtains from you will only be used for the purposes of this Agreement and will not be further processed or disclosed without your consent, except in the circumstances described in this Agreement.
Boatbling indemnifies you against any breach of the above legislation, which makes you liable for all costs, fines, claims or expenses howsoever arising. In fulfilling its obligations above, Boatbling will at all times have and maintain the Information Standards, which detail:
● Protecting the confidentiality, integrity and security of any information you provide to Boatbling;
● The audit and accounting procedures established to meet the requirements of this clause;
● The reliability and training of staff to ensure that they are aware of (and comply with) their obligations;
● Any other measures and procedures to ensure that Boatbling complies with its obligations under the above clauses.
Copyright Notice – DMCA:
If you believe that Content in which you claim copyright has been infringed by someone using the Systems, please contact Boatbling at customerservice@boatbling.com. Boatbling may, in its sole discretion, suspend and/or terminate accounts of users who are repeat infringers.
Violations of this Agreement:
If you encounter any Content while using the Systems that you find inappropriate or that you otherwise believe violates this Agreement, you may report it by sending an email to
License from you:
Boatbling does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content to areas of the Systems that are accessible to the public or other Users with whom you permit such Content to be shared, you grant Boatbling a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and otherwise exploit such Content.
and publicly display such content on the systems solely for the purpose for which such content was submitted or made available, without any compensation or obligation to
You agree that all Content submitted or posted by you is your sole responsibility, does not infringe or violate the rights of any other party or violate any law, contributes to or encourages infringing or otherwise unlawful conduct, or is otherwise obscene, offensive or in poor taste. By submitting or posting such Content to any areas of the Systems that are accessible to the public or other Users, you are
by which you represent that you are the owner of such material and/or that you have all necessary rights, licenses and consents to distribute it.
Changes in content:
You understand that in order to provide the Systems and make your Content available thereon, Boatbling may transmit your Content over various public networks, in various
media, and adapt or modify your Content to conform or comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Boatbling to take such actions.
Trademark Information:
Boatbling, the Boatbling logo and other Boatbling trademarks, system marks, graphics and logos used in connection with the systems and software are trademarks or registered trademarks of Boatbling, including the intellectual property rights of the
Boatbling mark. Other trademarks, system marks, graphics and logos used in connection with the systems or software may be the trademarks of their respective owners. You are granted no right or license to any of the foregoing trademarks and
You further agree that you will not remove, obscure or alter any proprietary notices (including trademark and copyright notices) affixed to or contained in the Product or Software.
Boatbling Property Rights:
You acknowledge and agree that Boatbling and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to the graphics, user interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as part of and/or in connection with the Systems, including all intellectual property rights therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software or any other part thereof)
proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use any such proprietary information or materials in any way whatsoever except for use of the Systems in accordance with this Agreement. No portion of the Systems may be reproduced in any form or by any means except as expressly permitted in these Terms.
Boatbling License:
Boatbling grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Boatbling as part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile or otherwise attempt to discover the source code of the Software (except as expressly stated otherwise).
(to the extent permitted or required by law), you may not sell, lease, sublicense, assign, grant a security interest in or otherwise transfer rights to the Software, and you may not exploit the Systems in any unauthorized manner, including, without limitation, by trespassing on the Systems or burdening network capacity.
USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY
SIGNIFY YOURSELF TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Links and other third party material:
Certain content, components or features of the Systems may contain materials and/or services from third parties and/or hyperlinks to other websites, resources or Content. Because Boatbling may have no control over such third party sites, services and/or materials, you acknowledge and agree that yachtsmart is not responsible for the availability of such sites, services or resources, and the
accuracy of such sites or resources, and is in no way liable or responsible for any content, advertising, systems or materials on or available from such sites or resources. You further acknowledge and agree that Boatbling shall in no way be liable or responsible for any damages you sustain or allege to have sustained, either directly or indirectly, as a result of your use of and/or reliance on any such content, advertising, systems or materials on or available from such sites or resources.
systems or materials on or available from such sites or resources.
General terms and conditions for members:
1. Introduction
1.1. These membership terms and conditions ("Terms") form the contract between Boatbling Limited London, England ("Boatbling", "we", "us" or "our") and any person accepted by us for a Boatbling membership ("Member" or "you").
1.2. These Terms apply to all services provided by Boatbling to Members and their guests (if applicable), together with any other applicable terms and conditions communicated to you by
Sailing a boat every now and then.
1.3. These Terms shall be governed by and construed in accordance with the laws of England and Wales, regardless of the nationality of the Member.
1.4. Other services offered by third parties with Boatbling's permission are subject to separate terms and conditions. These will be communicated to you at the time such offers are made.
2. Membership:
2.1 By registering for Boatbling membership you confirm that:
2.1.1. You are at least 18 years of age (or older if required by applicable local law);
2.1.2. the Boatbling registration process, in the form required by Boatbling from time to time, has been or will be completed and submitted to Boatbling, either by you or on your behalf
("Application");
2.2. You:
2.2.1 We reserve the right to refuse any application for membership at our sole discretion, including, but not limited to, where we are required to do so by law, regulation or
regulations of any local, provincial, national or federal government agency or by any judicial, public, regulatory or law enforcement authority or court.
2.2.3. Without prejudice to any other rights or remedies available to Boatbling, Boatbling reserves the right to conduct and/or refuse to conduct background checks in its sole discretion,
cancel or terminate a membership, application for membership or renewal of membership if Boatbling becomes aware that a member or prospective member:
2.2.4. has or may have a criminal conviction which, in Boatbling's reasonable opinion, may affect the Member's ability to act as a buyer or seller on our Platform; or
2.2.5. has behaved or may have behaved in the past in a manner that casts doubt on their ability to meet Boatbling's expectations in relation to these Terms and Conditions and the Exclusion of Members
Policy.
2.2.6. Boatbling will use reasonable efforts to investigate any information and/or allegations it receives in relation to term 3.3 and will only terminate a membership if
she is convinced (acting reasonably) that there is some basis for the information and/or assertion.
2.2.7. If accepted, your membership will commence on the day on which (a) Boatbling has received, processed and accepted your application. Boatbling may terminate/refuse membership at its sole discretion if there are any doubts as described above.
2.2.8. Membership is personal and cannot be transferred or sold.
3. Products / Listings:
3.1. In order to list your products on the Platform, you must:
3.1.1. be a current and legal entity.
3.2. When you list your products with us, you agree, represent and warrant that:
3.2.1. That you have the full legal right to use and permit others to use your sales information and images in accordance with the Boatbling Service;
3.2.2. That you accurately describe your products on the Platform and upload at least 4 images that accurately represent the product. You confirm that:
3.2.2.1. You have the necessary rights, licenses, consents and/or permissions to use any intellectual property rights contained in any image and/or description of your product; and
3.2.2.2. The images and information used accurately represent the product (such as dimensions and materials, etc.),
3.2.3. That you do not use the Platform for commercial purposes, such as rental or second-hand resale;
3.2.4. That your products are in good, safe and usable condition; and
3.2.6. That you have adequate business insurance.
3.3. By listing your products with us, you hereby grant Boatbling a non-exclusive, royalty-free, worldwide, irrevocable license to use the image(s) and/or description of your products in any advertising, marketing and/or promotional material relating to the Platform.
3.4. We reserve the right to refuse and/or remove any product at our sole discretion. We may do this if we believe the product is unsuitable or if we reasonably believe the product is
Incorrect.
3.5. We recommend that you add your product to a listing as soon as you know it is available. This will increase your chances of selling it in larger quantities.
3.6. Wherever possible we try to ensure that the products are accurate and complete. However, we cannot guarantee this and accept no responsibility for incorrect descriptions, measurements or images and/or your reliance on them.
4. Costs and payments:
4.1. In exchange for the products offered for sale through the Boatbling Platform, you agree to pay Boatbling all applicable payments as set out in these Terms or notified to you from time to time. The current applicable product fees are published on the Boatbling website. All fees are subject to reasonable change, at Boatbling's sole discretion, from time to time.
4.2. All rates are inclusive of any sales tax or other applicable sales tax, which must be paid by you.
4.3. Boatbling is not obliged to supply the products until all applicable fees have been received by us. All amounts must be paid by debit card, credit card, bank transfer or apple pay.
4.4. If payment is made by credit or debit card, you confirm that you are the owner of the credit or debit card whose details you have provided to us (and any subsequent or replacement card which you ask us to use in connection with any payment to be made under these Terms). All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not
responsible for the failure to provide any aspect of the Services. We are not responsible for any charges you may be charged by your card issuer or bank as a result of our processing of your credit or debit card payment.
4.5. For the convenience of repeat purchases, Boatbling may store the following card details: Cardholder Name, Expiry Date, Primary Account Number (PAN) - The 14, 15 or 16 digit number printed on the card. We will never store (even when encrypted):
1. Card Validation Value (CVV) - The 3 or 4 digit security code printed on the card.
2. PIN
3. PIN pad - The encrypted version of the PIN
4. Full magnetic stripe data
On boats, it is an important security feature that this information must be entered repeatedly.
5. Communication with our partners:
5.1 When communicating with our Partners, you agree not to send messages that:
5.1.1. Be unsolicited or unlawful;
5.1.2. Are requests or petitions from charities;
5.1.3. Contain any content that is defamatory, obscene, or could have an intimidating, threatening or offensive effect on another member, individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or
a disability or otherwise inappropriate;
5.1.4. The Platform and/or the Boatbling service will or may be interrupted, damaged, impaired or rendered less efficient;
5.1.5. Transferring files that contain viruses, Trojan horses, malware or other harmful programs;
5.1.6. Authorize, encourage or assist any other person to copy, modify, reverse engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases or other technology which is part of the Platform.
en/of and Boatbling-service; of
5.1.7. Be otherwise inappropriate.
5.2. You agree to indemnify Boatbling for any loss or damage it suffers as a result of any claim or legal proceedings brought against us by a third party arising out of your breach or alleged breach of these Terms.
6. Termination of your membership by you:
6.1 You may terminate or suspend your membership at any time by giving us written notice, provided that you have made any pending purchases.
6.2. Upon termination, you lose all rights to use the Boatbling service.
6.3. If you terminate your membership, you are not entitled to a refund of the fees paid, in whole or in part.
7. Termination of your membership by us
7.1 We reserve the right to terminate or suspend your membership if any of the following occurs:
7.1.1. You fail to comply with any of these Terms;
7.1.2. You fail to pay any amounts owed to our Partners or any affiliate or other party in connection with the Boatbling Service;
7.1.3. You choose to initiate legal proceedings against Boatbling or its affiliates;
7.1.4. You are a disruptive or repeat complainant who threatens or uses physical violence and/or harasses, abuses or is verbally aggressive to our employees or another member;
7.1.5. You abuse your rights as a Member and/or act in a manner that is contrary to the interests of Boatbling; or
7.1.6. Your continued membership is or becomes in breach of any law, rule, regulation or statutory instrument or if we are required to terminate your membership by any judicial, governmental, regulatory or law enforcement body or court.
7.2. If we suspend your membership for non-payment in accordance with these Terms, we also reserve the right to terminate your membership at any time in our sole discretion.
in the event that outstanding payments remain unpaid. Suspended members may be readmitted to full membership upon payment of all outstanding amounts and completion of
all required documentation. For the avoidance of doubt, suspended members are not entitled to any benefits of Boatbling membership during the period of suspension.
8. Communicating with you
8.1. Boatbling processes personal data and responds to any requests you may have regarding personal data in accordance with its Privacy Policy.
8. AFFILIATE PROGRAM OVERVIEW
The purpose of the BOATBLING affiliate program is to allow affiliates to promote BOATBLING by referral, online and any other form of marketing to receive a commission on the products purchased by the Affiliates referred individuals.
By joining our affiliate program, you confirm that you have read and agree to be bound by these Terms and Conditions.
8.1 ENROLLMENT IN THE AFFILIATE PROGRAM
8.1.1 To become an Affiliate you must complete and submit the sign up process which can be found here https://boatblingdev.galvezgil.shop/account/login
8.2 COMMISSION & PAYMENT
8.2.1 BOATBLING.COM agrees to pay the Affiliate a commission based on 15% (increasble to 25% dependant on number of purchases) for each purchase fulfilled by the boats registered in the Affiliates account.
8.2.2 Payment terms. Payments will be made on a monthly basis via bank transfer.
8.2.3 Tracking and Reporting. BOATBLING will provide performance and earnings reports in the "MY EARNINGS" section of the Affiliates account.
8.3 PROMOTION OF OUR AFFILIATE RELATIONSHIP
8.3.1 Compliance. Affiliate agrees to comply with all applicable laws, regulations, and BOATBLING policies in promoting BOATBLING products/services.
8.3.2 Approved Materials. BOATBLING may provide Affiliate with approved marketing materials. Affiliate agrees to use only the approved materials in their promotional activities.
8.4 INTELLECTUAL PROPERTY
8.4.1 Affiliate is granted a limited, non-exclusive, non-transferable, revocable license to use BOATBLING trademarks and logos solely for the purpose of promoting BOATBLING products/services.
8.5 ENDORSEMENT COMPLIANCE
8.5.1 It is the intent of BOATBLING to treat all of our customers fairly. Accordingly, we require all BOATBLING Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing.
8.6 TERM AND TERMINATION
8.6.1 Term. This Agreement shall commence on the Effective Date and continue until terminated by either party.
8.6.2 Termination. Either party may terminate this Agreement for cause upon written notice if the other party breaches any material term of this Agreement.
8.7 CONFIDENTIALITY
8.7.1 Confidential Information. Both parties agree to keep confidential any proprietary or confidential information received from the other party.
9. TERMS APPLICABLE TO PURCHASE FROM OUR RETAIL PARTNERS
The Services we offer allows you to search through the Website and purchase products from the third party retailers (Retail Partners) named on the Website.
It is important that you understand that the contract for the purchase of the products is between you and the relevant Retail Partner. We are acting as agent on behalf of the Retail Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Retail Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. or through us as your agent.
Notwithstanding the above and any subsequent references to conclusion of contracts for the purchase of the products between you and the Retail Partners, in some instances, when you purchase products using the website, you are purchasing them from a BOATBLING and in those instances BOATBLING is not acting as an agent for any Retail Partner. In those instances, the contract for the purchase of the products is between you and the BOATBLING.
9.1. OUR SERVICES
The Services we offer allow you to search through the Website and purchase products from a large number of Retail Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as providing you with customer service assistance.
However, as stated above, the contract for the purchase of the products is between you and the relevant Retail Partner. This means that it is the Retail Partner (not us) who is legally responsible for selling the products to you.
The products We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Retail Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.
We do not allow the listing of flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Retail Partner to process the return. Once the item is received by the relevant Retail Partner, you will receive a full refund of the defective item, or alternatively a discount, replacement or repair for the item where possible, as may be proposed by us.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local consumer protection agency or advice bureau. Nothing in these Terms and Conditions will affect these legal rights.
9.2. BOATBLING RETAIL PARTNERS
As explained above, the contract for the purchase of the products is between you and the relevant Retail Partner. We are acting as agent and are authorised by the relevant Retail Partner to conclude the contract with you on its behalf but we are not a party to that contract and you are not purchasing the products directly from us or through us acting as your agent.
We request that all Retail Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Retail Partners’ business policies. If you are unhappy with the product or service you have received from a Retail Partner, you should contact us and we will liaise with the relevant Retail Partner to try and resolve the issue.
Orders, prices, payment, taxes, and credit made available by FARFETCH
ORDERS, PRICES, PAYMENT & TAXES MADE AVAILABLE BY BOATBLING
The steps you need to take to place an order are explained in the "How to Order & Pay" section of our How to Shop page.
By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Retail Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Retail Partner. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price which is determined by the relevant Retail Partner.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
(a) Formation of the contract between you and the Retail Partner(s). The identity of the Retail Partner is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and the Retail Partner will be formed when we send this confirmation email.
(b) Pricing, availability and taxes. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Retail Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Retail Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Retail Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or if you may have to pay them upon receipt of the products. If they are not included, neither we nor the Retail Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Please note that if you do not pay the required import duties or provide the necessary requested documentation for clearance, your order may be seized by the relevant customs office; in such cases, neither Farfetch nor the Retail Partners are able to retrieve the order and you may not be refunded for your purchase.
(c) Payment. Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment method on behalf of the relevant Retail Partner, and products will not be dispatched until the details you have provided are verified.
9.3. DELIVERY
The estimated delivery date of the products will be stated in your order confirmation email. Our Retail Partners will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be shipped directly to you from the Retail Partner(s)' stockpoint so your order may arrive in multiple deliveries and at different times.
9.4. RETURNS & CANCELLATIONS
Please see our Returns & Refunds Policy for information on returns.
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. If you choose to cancel your order before it has been prepared for shipment (usually when the shipping label is printed), your order will not be sent out to you and you will receive a full refund, including any expected shipping costs. If you choose to cancel your order after it has been prepared for shipment (usually when the shipping label is printed), the items will need to be returned.
Once the products are returned to the relevant Retail Partner you will receive a full refund.
9.5. LIST OF RETAIL PARTNERS:
10. Other services
10.1. Boatbling reserves the right to modify, withdraw or extend the services it provides at any time, with or without notice.
11. General
11.1. These Terms and Boatbling's policies and procedures may be amended from time to time by Boatbling in its sole discretion. Members will be notified of such amendments by posting them on Boatbling's website(s) and such amendments will become effective as soon as
as soon as they are published.
11.2. The costs of products charged by Boatbling are subject to regular review and any cost/price changes resulting from such review will be effective immediately. Such price and price changes will be effective immediately.
Changes in rates will be published on Boatbling's website(s) (or communicated to members by letter or email, at Boatbling's discretion).
11.3.See Boatbling's website(s) for our latest terms and conditions. The latest terms and conditions published on Boatbling's website(s) replace all previous versions.
11.4. You may not assign, transfer, lay in trust or otherwise dispose of any of your rights under these Terms or any other person without the prior written consent of Boatbling. Boatbling may assign these Terms to a third party and any such assignment shall be binding on Members when notice of assignment has been given to them. Notice may be given on the Boatbling website(s), in other Boatbling publications or by
brief of e-mail.
11.5. Boatbling shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure results from any circumstances beyond its reasonable control. Such delay or failure shall not constitute a breach of
These Terms and Conditions and the term for their performance shall be extended by a period equal to the period during which performance is prevented.
11.6. These Terms constitute the entire agreement between the parties, supersede all prior agreements or understandings and may not be modified except in writing by you and Boatbling. All other terms, express or implied by law or
otherwise, are excluded to the extent permitted by law.
11.7. Nothing in these Terms is intended, expressly or by implication, to confer on any third party any right to enforce any provision of them by virtue of the Contract (Rights of Third Parties) Act 1999.
11.8. If either party waivers a breach of these Terms by the other party, this will not be deemed to be a waiver of any subsequent breach of the same or any other provision.
11.9. Any provision of these Terms which is held to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without
invalidate or unenforce the remaining provisions of these Terms, and such invalidity or unenforceability in any jurisdiction shall not invalidate or unenforce the remaining provisions of these Terms.
such provisions would be unenforceable in any other jurisdiction.
11.10. All notices required or permitted to be given by either party to the other under these Conditions shall be in writing and addressed to Boatbling at its registered office and to you at the address given as your correspondence address (or such other address as may from time to time be notified to the party giving notice under this provision).
