TERMS & CONDITIONS
The site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.
Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.
These Terms & Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms & Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
To place an Order with OMNIYACHT you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with OMNIYACHT only with involvement of a parent or guardian.
You must not misuse the Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Acts. In the event such breach occurs, OMNIYACHT will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
We have done our best to display as accurately as possible the colors of the products shown on our Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is cancelled after your payment has been processed, we will issue a full refund to the original pay type.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. We will try our best to process your request.
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
If you wish to cancel your Order please contact our Customer Service Team. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team.
3-rd party transaction fees, such as credit card fees are not refunded to us, and therefore will not be refunded to you (the Customer), unless the order has been cancelled due to our fault.
We do carry some items that cannot be returned: items with expiration dates that have expired such as flares, charts, annual publications, ropes; items registered to the user such as boats, motors, EPIRBs, PLBs, SPOT, Class B AIS, life rafts; customized items such as rigging, and boat covers; computer software, electronics charts, carry-on air conditioners, and clearance items. For electronics we will help you contact the vendor for assistance or repair. We will first need to verify your purchase by receipt or other method.
This policy is applicable only to those products that do not fall under the definition of non-refundable brands/items.
Because of their specific application and use, sections of rope cut for your order are not returnable. If you have an unopened spool or other non-custom item, we can arrange a return if the product is in new condition. However, the refund is subject to a 25% restocking fee.
THE SITE (S) PROVIDED BY OMNIYACHT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE CONTENT OR THE MATERIALS IN THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTHS PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You agree to indemnify, defend, hold harmless OMNIYACHT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms & Conditions.
Any personally identifiable information you may provide to us via the Site or other means of communication is protected by the Privacy Policy associated with this Site. We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the like regarding this Site, or submitted or offered in connection with your use of this site in connection with our products, services or other Materials (collectively, "Feedback"), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing any such information or materials, including Feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or Feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or Feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any Feedback. We shall be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience. Please read our Privacy Policy for more details.
We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority of Singapore.
Third-Party Sites
As a convenience to you, we may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and please understand that we have no control over the content on those other website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. We make no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of West Marine or any of its affiliates or subsidiaries.
Omniyacht will send newsletters to Registered Users. By accepting these T&C, the user allows Omniyacht to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Omniyacht.
No failure or delay by us or you in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms & Conditions or a Contract.
If any clause in these Terms & Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms & Conditions or a Contract or all or any of your rights or obligations under these Terms & Conditions or a Contract.
Nothing in these Terms & Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms & Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms & Conditions or that Contract its assent to any such term.
These Terms & Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms & Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms & Conditions each time you submit your Order.