Terms and Conditions
Please read these Terms and Conditions carefully, they explain the basis on which you agree to use this website and make purchases of goods described on the website.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Contract – the contract for the sale and purchase of the goods;
Delivery Area – USA, Canada and United Kingdom.
Goods – means any products that Outboard Marine Motors advertises and/or makes available for sale through this website;
Service – means collectively any online facilities, tools, services or information that Outboard Marine Motors makes available through the website either now or in the future;
Carrier – means any third party responsible for transporting purchased goods from our premises to customers;
Content – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
Website – means the website that you are currently using (https://outboardmarinemotors.com/) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
Orders
Your order is an offer to purchase goods from us. When you place an order with us (being your offer to purchase goods), you do so in accordance with these terms and conditions, subject to our acceptance of your order. We shall have the right to refuse to accept any orders placed for goods.
Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Outboard Marine Motors and you.
Goods, Pricing and Availability
We try to give the best representation of the goods we sell, however please note that all graphical representations (including photographs) and descriptions of goods available from us are intended as a guide only.
Pictures of goods may be provided to give an appreciation of characteristics at a certain level of maturity or in a given setting.
All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
If prices increase between the date of your order and the date of dispatch, we reserve the right to email you to ask if you wish to proceed. If not, you will be entitled to cancel the order without charge.
If, by mistake, we have under-priced goods, we will not be liable to supply goods to you at the stated price, provided that we notify you before we dispatch the goods to you. In these circumstances, we reserve the right to cancel and refund your order in full.
Payment
We will take payment upon receipt of your order. We accept no liability if delivery of the goods is delayed by the supply of incorrect payment details. If we cannot gain full payment for the goods when the order is placed, we reserve the right to cancel the contract and delivery.
Payment card information is always encrypted during transfer over networks. By ordering goods from our website you are giving us your consent to pass details essential for purchasing goods to our payment service provider.
We will not store these payment details, however our payment service provider may store them. We will take all reasonable care to keep all information connected with your order secure, but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including payment and account details you provide when accessing or ordering from this website, unless this is solely due to our negligence.
Delivery
The goods which can be ordered via our website are only available for delivery to you if you are based in our delivery area. We aim to dispatch all goods purchased by you within the indicated time frame on the product pages and in any event no later than 30 calendar days of our initial order confirmation, unless stated otherwise by the dispatch message on the product page at the time of ordering.
Delivery times are not guaranteed. If delivery is delayed due to any events beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended. We will not be liable for delays caused by any such event, but if there is a risk of substantial delay, you may cancel your order and receive a refund for any goods you have paid for but not received.
We shall not be required to fulfil orders for goods in the sequence in which they are placed. We reserve the right to only deliver orders if all of the goods in an order are available. We are not required to deliver orders in instalments.
Risk and Ownership
Delivery shall be deemed to occur at the time when the goods first arrive at the delivery address provided to us by you. The goods shall remain our property until you have paid for them in full or we have delivered the goods to you (whichever occurs later).
Risk of damage to or loss of the goods will be your responsibility from the time we deliver, or first attempt to deliver, the goods to the delivery address you provided whether or not a signature of receipt has been obtained.
If you request your items to be left unattended, this is at your own risk and we are unable to reimburse you for any lost or weather damaged items.
Cancellations, Returns and Refunds
To cancel or change your order, you can email us at info@outboardmarinemotors.com with your instructions, entering the words ‘Cancel Order’ or use the Contact Us page.
Your rights if you cancel the contract will depend on the type of goods purchased, whether there is anything wrong with them, how we are performing and when you decide to end the contract:
Faulty Goods:
You must notify us of the defect within 48hours of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
If we agree with you that the goods are faulty and that the fault was not caused by your neglect or misuse of the goods, or fair wear and tear, we will (depending on the circumstances) replace, refund or repair (if possible) the faulty goods at no cost to you.
If we require the goods to be returned we will arrange for collection at no cost to you. Please note; we are unable to refund returns costs of faulty items should you decide to use an alternative unauthorised service.
Incorrect Goods:
You must notify us as soon as you discover the mistake and within 48 hours of receipt. We will arrange for our carrier to collect the goods from you. Please note; we are unable to refund returns costs for incorrect items should you decide to use an alternative unauthorised service.
We will either, at your choice: (a) send you the correct items as soon as possible after receipt of the returned goods; or (b) refund the price of the goods and delivery.
Change of Mind:
Please return the goods to us in their original packaging, quoting the order reference number. Return costs are your responsibility and returns are sent at your risk re damage or loss. We therefore advise that you use a tracked service to cover lost parcels, but please note most carriers do not provide cover for damage to fragile items.
Cancellation by Us
We reserve the right to cancel the contract between us if:
We have insufficient stock to deliver the goods you have ordered; we do not deliver to your delivery area; payment is not received in full; goods you ordered were listed at an incorrect price in error; or defamatory or abusive communications are made directly to our customer support team or on public forums.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted as soon as possible but in any event within 30 days of your order.
We will not be obliged to offer any additional compensation for disappointment suffered.
Privacy
Outboard Marine Motors is committed to protecting and respecting your privacy and the security. Our Privacy Policy sets out the terms on which we process any information we collect from you or that you provide to us and provides information about the cookies on our website.
By using our website, you consent to such processing and you warrant that all information provided by you is accurate. Please read our Privacy Policy for more information.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. We make no warranty that this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
Intellectual Property
All content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Outboard Marine Motors, our affiliates or other relevant third parties.
Changes to the Service and these Terms and Conditions
We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.
If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future
Links To Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Outboard Marine Motors or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Outboard Marine Motors.
Pricing
All prices are exclusive of shipping cost. The total
cost of the order is the price of the products ordered, the shipping cost and sale tax (where applicable).
Contact Us
Outboard Marine Motors
+1(209) 650-1102
info@outboardmarinemotors.com