La Fourchie cardinal beacon, Granville, Normandy. (N 48º 50.053′ W 001º 36.891')
Passage Planners
PassagePlanning-Sales.com terms and conditions of sale of Passage Planning Forms and our other products online including the viewing and useage of this website.
(Please note that these terms and conditions are for the sale of our goods online including free dowloads of our software when applicable. For trade sales, please see our Terms and Conditions of sale to a business.)
Welcome to our website. If you browse and use this website for whatever reason you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the PassagePlanning-Sales.com relationship with you in relation to this website.
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
We are: PassagePlanning-Sales.com (also referred to as 'we')
You are: The Customer (also referred to as 'you' or 'the purchaser')
The Terms and Conditions
1. Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Goods" means any products, media and/or other goods we offer for sale.
"Written Material" means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
"Order" the website order detailing the Goods to be ordered
2. Our contract with you
2.1. We shall accept your order by email by an "Acknowledgement of Order". That is when our contract is made.
2.2. The price of the Goods shall be the price ruling at the date of order.
2.3. If goods are damaged or a mistake was made by us, then you must inform us within three days of receipt of the Goods and the Goods must be returned to us within 14 days.
2.4. We will use our reasonable endeavours to respond to any point of dissatisfaction provided you contact us within one month of purchase.
3. Price and Payment
3.1. You must pay us the full price of your order before we will send any part of it.
3.2.No payments shall be deemed to have been received until we have received cleared funds.
3.3. The price of the goods may be exclusive of costs or charges in carriage.
4 Information you give us.
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
5 Delivery
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
5.3 If Goods are damaged or a mistake was made by us, then the reasonable charge for posting items back to us will be refunded to you along with the cost of the Goods in question.
5.4 Customs & Excise Duty in the Country of Receipt of the goods
5.4.1 The products ordered by the purchaser are printed stationery forms for educational use and are encapsulated in a matt plastic sleeve. Additionally and included with some of the product offers is a see-through plastic folder. Also included is a printed paper invoice for the purchased goods which shows the value and a description of the goods, together with printed paper documents explaining how to use the planning forms. Passageplanning-sales.com will complete and include a UK Custom Declaration form with the shipment. Our postage and packaging charges include the creation of all Custom and other declaration forms.
5.4.2 Passageplanning-sales.com is not VAT registered in the UK and as the purpose and construction of the forms is mainly printed paper for educational use, Passageplanning-sales.com would not generally expect the need for the purchaser to pay any further taxes, customs duty and/or VAT on the purchased products charged by and in the Country of receipt.
5.4.3 However other additional charges by the receiving Country of the purchaser may be charged and the payment of any or all of such possible additional charges will be the responsibility of the purchaser. These may include additional charges from the postal delivery company within the Country of the purchaser for onward shipping from the Customs department or suchlike even though the shipping charge is for delivery generally to the purchaser from the UK (excluding possible additional delivery from Customs).
5.4.4 Should the purchaser decline to pay any or all of the charges made by the government and/or postage delivery company of the Country of receipt passageplanning-sales.com shall not bear further responsibility for the successful delivery of the goods from passageplanning-sales.com to the purchaser neither will passageplanning-sales.com be responsible for any or all charges should the goods be returned to passageplanning-sales.com.
5.4.5 Should the purchaser refuse to pay charges as detailed above and/or refuse delivery of the goods passageplanning-sales.com shall be deemed to have delivered the goods as ordered by the purchaser and the contract between the purchaser and passageplanning-sales.com shall be deemed to be complete.
6 Disclaimers
6.1 We may make improvements or changes to our written material or to any of the Goods, at any time and without advance notice.
6.2 You are advised that written material may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the Goods for your purpose.
6.3.2 compliance with any law;
6.3.3 non-infringement of any right.
6.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
6.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
6.6 Products and/or software downloaded by The Customer including any downloaded content on a free of charge basis to the The Customer is agreed by The Customer as follows:
6.6.1 The products/downloads are Not for Navigation. Please be aware that the use of such downloads is entirely at the Customer's own risk and the application/form author, www.passageplanning-sales.com and/or its owners and/or its employees cannot be held liable for the results and/or consequences or subsequent or consequential loss or damage caused by the use or misuse of any of the data contained in the products/downloads or data generated by the products/downloads or data subsequently used in the products/downloads by The Customer or any other user of the products/downloads. In addition by downloading and using the products/downloads The Customer agrees to the Terms and Conditions of sale and Privacy Policy of www.PassagePlanning-sales.com which may be viewed at www.passageplanning-sales.com/online_sales_terms_and_conditions.html and www.passageplanning-sales.com/privacy_policy.html. Both of these policies are occasionally updated by PassagePlanning-Sales.com and we suggest that The Customer revisit it from time to time and so continually check these pages as continued usage of this site and any and all of the downloads offered by PassagePlanning-Sales.com and downloaded by The Customer will mean that The Customer equally accepts these later postings. The Customer agrees not to use any of the products/downloads unless The Customer agrees to this disclaimer.
6.6.2 By downloading any of the products/downloads The Customer agrees that The Customer solely will use the products/downloads and that The Customer does not have any right or permission of PassagePlanning-Sales.com to sell or loan or rent the products/downloads to any other person or business or entity.
7 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
8 Content protection
8.1 Copyright
8.2 Copyright © 2016 - 2021 PassagePlanning-Sales.com. All rights reserved. All copyright and other intellectual property rights in all text, images and other materials on this site are owned by PassagePlanning-Sales.com. The forms shown on this website are registered designs.
8.3 You are permitted to browse this site and make purchases, including free downloads of our material and software if offered by PassagePlanning-Sales.com via the selling part of this site. No reproduction of any part of the site may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication or site. No other licence or right is granted.
8.4 You agree not to, or to encourage or to allow others to copy, distribute, imitate any of the artwork, content, or other media contained in this web site or sold to you by this web site. Also, you agree not to, or to encourage or to allow others to attempt to reverse engineer, misuse, or damage any part of the web site or the server infrastructure.
9 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
10 Rights of third parties
Nothing in this agreement shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
11 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees or contractors.
15 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
16 Terms of Service
16.1 Whilst every effort is made to ensure that the web site and content are both accurate and error free PassagePlanning-Sales.com recognise that errors may occur. In the event of such an error, we may attempt what actions we are reasonably able to correct the problem.
16.2.1 By viewing this web site and/or downloading any content you agree to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these terms, you must not use this web site.
16.2.2 This website includes passage planning and pilotage planning tuition and/or advice by means of written examples. Athough the navigation details in these or any other examples were correct at the time of publication they may not be applicable now or at a future time. The examples are not to be used for navigation purposes. Their relevance is for passage planning and pilotage planning only.
16.3 You may not use any part of this service in a way that may be illegal, either by UK law, or within the jurisdiction from where the site is being accessed. You also hereby acknowledge that PassagePlanning-Sales.com own the Intellectual Property rights to all materials within this web site and any additional content or media provided by PassagePlanning-Sales.com, unless otherwise specified. This site is created and operated by PassagePlanning-Sales.com, situated in the UK. PassagePlanning-Sales.com and the management thereof make no warranty that the material on or available through this site is suitable for use in any other country. If you are accessing from any other country, it is the users responsibility to ensure that they comply with any local laws that may be applicable. You agree to use the site in the manner for which it was intended, and following instructions as and when they are provided. Use of this site and any services contained therein are at the sole discretion of PassagePlanning-Sales.com and its management. While we endeavour to ensure the web site is available at all times, we reserve the right to modify or terminate all or any part of the service at any time, and for any reason, without notice and without liability. We reserve the right to change the terms of service at any time without notice. It is the users responsibility to ensure they have read the terms and conditions that currently apply. This web site may contain links to other web sites. PassagePlanning-Sales.com make no guarantees, representations, or warranties about those sites or the content therein.
16.4 PassagePlanning-Sales.com shall comply with all applicable regulations pertaining to Data Protection within the UK. Please refer to the separate Privacy Policy for a description of how we may use any personal data collected. PassagePlanning-Sales.com disclaims any and all responsibility, liability, representations, warranties, or any other terms, express or implied, for the accuracy, legality, operability, availability, merchantability, non-infringement, or completeness of any part of the content upon this site. Furthermore, PassagePlanning-Sales.com disclaims any responsibility for any harm, loss, or damage resulting from viewing or downloading any media from this site, or linked to by this site. PassagePlanning-Sales.com make no warranty that this site, any content, or the servers used, are free of viruses or other harmful media. The user assumes all responsibility for any necessary servicing, repair, and/or correction that may result. This website, and all products, materials, and information provided by PassagePlanning-Sales.com are provided 'as is', with no warranties whatsoever. Under no circumstances will PassagePlanning-Sales.com be held liable to any user, for any damages resulting from the use or misuse of the services and/or products provided. Our maximum liability to you shall be limited to the sum of £5, or the sums paid by you to us, whichever is greater. You may not transfer or delegate any rights, permissions, or responsibilities as set out in these terms to any other person without express written permission from us. Some countries may disallow the exclusion of implied warranties, so the above exclusions may not apply. Any breach of these terms and conditions and you will be personally liable to indemnify us in full for any loss, liability, or costs incurred or arising. These terms do not affect your statutory rights as a consumer, and these terms and conditions are provided and governed by UK law. Any dispute connected with PassagePlanning-Sales.com will be subject to the exclusive jurisdiction of courts of England and Wales.
17 Copyright & Trademarks
All content on this site, unless otherwise specified, is copyright © 2016 - 2021 PassagePlanning-Sales.com all rights reserved. “PassagePlanning-Sales.com” and associated logos are trademarks of PassagePlanning-Sales.com in the UK and other countries.
18 Complaints
If we should receive a complaint about any part of our service, by phone, e-mail or letter, then it will be dealt with promptly, confidentially, and effectively.
19 Privacy Policy
Please click here to be directed to the privacy policy of PassagePlanning-Sales.com (opens in a new window).
Policy Date: revised on 18.03.2021