This page (together with the documents referred to on it) represents the terms and conditions on which we supply any of the products (“Products”) listed on our website www.fapimarine.com (“Site”). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. The following General Terms and Conditions (“Terms and Conditions”) are the basis for all business relations between Fapi Marine Limited (“Fapi Marine”, “Us”, “We”) and customers (“You”).
As a condition of your use of this Site, you represent and warrant to Fapi Marine that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms and applicable notices and policies. You warrant that you will not use the Site in any way that causes, or is likely to cause interruption or damage to the Site in any way, or for fraudulent purposes.
While we endeavor to ensure that the Site is normally available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or period. Fapi Marine may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our Website.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Malta, international copyright laws and international conventions. The Content and Marks are provided on the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Depiction of Boats
The boats shown on this Site are for general illustration only. The boats shown are typically sample boats only of the same model year. Details of a selected boat may vary from the boat shown depending on the features you choose. Boat and vehicle availability may be limited and is subject to availability.
Terms of Sale
When you make a purchase of any of our Products in our Showroom or via our website fapimarine.com, you enter into a legally binding agreement with us, Fapi Marine Limited a company registered in Malta and having its registered address at OneOneO, Pitkali Road, Attard, Malta, Europe, and this on the below Terms and Conditions of purchase. You should understand that by ordering any of our Products, you agree to all these Terms and Conditions.
All orders placed in person or through our website are subject to acceptance by us. After placing an order, we will confirm acceptance of your submitted Order by sending you an e-mail with Order Confirmation. The order may be accepted or refused within 4 working days of making the request. Should the order be refused, any deposit paid shall be returned to you.
When placing an order, you explicitly acknowledge that this implies an obligation to pay.
The contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We are not obliged to supply any further Products which may have been part of your Order until it has been confirmed in a separate Order Confirmation.
Delivery, Price and Payment
Products will be at your risk from the time of confirmation of the order.
Fapi Marine reserves the right to the property of the sold goods until the full payment of all of the Seller’s current and future claims from the purchase contract and a current business relationship (secured claims).
Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges that may be applicable. If you act in a way contrary to the contractual obligations, in particular in the event of a default in payment, Fapi Marine shall be entitled after granting an appropriate grace period – to withdraw from the contract and/or to demand the return of the goods on the basis of the reservation of title and the rescission. Any demand for the return of goods shall not be deemed to include a simultaneous declaration of withdrawal; on the contrary, Fapi Marine shall be entitled to demand solely the return of the goods and reserve the right to withdraw from the contract. In the event that you do not pay the due purchase price, Fapi Marine may only assert such rights if we had previously provided you with a reasonable period for payment without result or if the setting of such a period is superfluous according to the statutory regulations.
Prior to the complete payment of the secured claims, the goods for which ownership is reserved can neither be pledged nor assigned by way of security to third parties.
The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error.
These prices exclude VAT (unless explicitly included) and any Delivery Costs that may occur. Any Delivery Costs will be added to the Total Amount Due for the Product(s).
Prices are liable to change at any time, but changes will not affect any Orders that have already been confirmed through the Order Confirmation email sent to the customer.
Our website contains a number of products. It is always possible that, despite our best intentions, some of the products listed on our website may be incorrectly priced or marked as “In Stock” when they are no longer available. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you accordingly.
We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, even after we have sent you an Order Confirmation.
We will only accept orders for items that are currently showing as “In Stock” on our website when you place your order. In the event that a Product is listed as being “In Stock” but is found to be of unsatisfactory quality at the time of intended dispatch, we will notify you immediately. If for any reason we are unable to fulfill your Order within 30 days, the Order shall be terminated and can be replaced at any time.
Notwithstanding any other rights we may have (which are specifically reserved), in the event that we are unable to take full payment of the products from your specified account, we reserve the right to cancel the Contract forthwith or to suspend any pending deliveries to you.
All reasonable care is taken by us to ensure all information provided by you in connection with your order is kept secure. In the event that you may suffer loss through third parties’ unauthorized access to any data you provide to us when accessing and ordering from our website, we cannot be held liable for that loss unless it is solely due to our negligence.
If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Privacy and Security
When you place an Order with us, we have to ask for certain details to be able to make a Contract for the Sale and Delivery of the Products. In addition to your name, address, credit/debit card number, and expiry date, we will also ask you for a telephone number in case of any problems regarding delivery. Our website is fully secure, with all of the information you provide kept confidential.
To ensure that your credit/debit card is not being used without your consent, we may validate your name, address, and other personal information supplied by you during the Order Process against appropriate third-party databases. By placing an Order (and thus accepting these Terms and Conditions) you consent to such checks being made.
We warrant to you that any Product purchased from us from our Showroom or through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
Our liability for losses suffered as a result of our breaking this agreement including deliberate breaches is strictly limited to the purchase price of your Order and any losses which are a foreseeable consequence of our breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless the such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
We have the right to revise and amend these Terms and Conditions at any time to reflect changes, including but not limited to, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities.
You will be subject to these Terms and Conditions in force at the time when you order a product from us unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions unless you notify us to the contrary within 14 Working Days of receipt of the Order by you).
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs, or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or another natural or man-made disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Law and Jurisdiction
Orders for the purchase of Products in person or through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malta.