These terms and conditions (the "Terms and Conditions") govern the use of www.divinitysailing.com (the "Site"). This Site is owned and operated by Divinity Sailing Limited. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

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Intellectual Property

All content published and made available on our Site is the property of Divinity Sailing Limited and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

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Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

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We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

The following services are available on our Site:

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• 7 day Yacht Charter.

 

The services will be paid for in full when the services are ordered.

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These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

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We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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Payments

We accept the following payment methods on our Site:

• Credit Card;

• Debit; and

• Bank Transfer.

 

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase services from us within 14 days without giving notice. The cancellation period:

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• Will end 14 days from the date of purchase when you purchased a service.

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To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at ben.oliver@divinitysailing.com or by post at Divinity Sailing Limited, Level 3 (Suite 3321), Tower Business Centre, Triq it-Torri, Swatar, Birkirkara, BKR4013, Malta. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.

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The right to cancel does not apply to accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.

 

Effects of Cancellation

If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.

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We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement. 

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This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

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Refunds

Refunds for Services
We provide refunds for services sold on our Site as follows:

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• The services will be fully refunded if the services are cancelled at least 14 days before the services were scheduled to be provided.

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Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

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Limitation of Liability

Divinity Sailing Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

 

 

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Divinity Sailing Limited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

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Applicable Law

These Terms and Conditions are governed by the laws of the Country of Malta.

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Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Divinity Sailing Limited are unable to resolve any dispute through informal discussion, then you and Divinity Sailing Limited agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Divinity Sailing Limited.

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Notwithstanding any other provision in these Terms and Conditions, you and Divinity Sailing Limited agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

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Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

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Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

 

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

07949 810667
ben.oliver@divinitysailing.com
Divinity Sailing Limited, Level 3 (Suite 3321), Tower Business Centre, Triq it-Torri, Swatar, Birkirkara, BKR4013, Malta

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You can also contact us through the feedback form available on our Site.

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Cancellation

 

If you want to cancel your contract of sale with us you may use this form and email or post it back to us at the address below.

To: www.divinitysailing.com
Address: Level 3 (Suite 3321), Tower Business Centre, Triq it-Torri, Swatar, Birkirkara, BKR4013, Malta
Email: ben.oliver@divinitysailing.com

 

Cookies Policy

 

The purpose of this Cookies Policy is to help you understand the use made by the merchant’s website, “Divinity Sailing Limited” (hereinafter the “Site”) of cookies (or similar technologies), the purpose thereof, as well as the options that, as a user, you have at your disposal to manage them.

 

Definitions and Functions of Cookies

 

A cookie is a file that is downloaded to your computer, tablet, mobile or other terminal (hereinafter, computer) when you access the web: www.divinitysailing.com (hereinafter, the “Site”).

 

In general, and depending on the type, cookies allow you to store and retrieve information about your visit, your browsing habits, the browser or equipment from which you access, as well as recognize you as a user or client, which can facilitate your next visit and make the site more useful by customizing its content. Cookies take a very important role, by improving the experience of using websites.

 

Cookies can be “own” and, therefore, are those that are sent to your computer from a domain or computer managed by the Site; or they can be “3rd party” cookies, that is, they are sent to your device from a computer or domain that is managed by another entity.

 

They can also be “session” cookies, so they expire upon leaving the Site; or “persistent” cookies, which are still stored on your computer for a longer period, which can be from a few minutes to several years.

 

What type of cookies we use?

 

• Technical cookies: They are necessary for the correct development of the Site and the different options or services that exist in it, such as, for example, controlling traffic and data communication, identifying the session, accessing restricted access parts or using security elements during the navigation, among others.

 

• Personalization cookies: These allow the user to access the service with some predefined general characteristics based on a series of criteria in the user’s terminal, such as language.

 

• Analysis cookies: These allow you to track and analyse the behaviour of the users of the Site (e.g. number of pages you visit, the place from which you access, the frequency and recidivism of visits, the duration of your visit, the browser or the equipment from which you visit, etc.). The information obtained is used in measuring the activity of our website and for the elaboration of user navigation profiles, with the purpose of introducing improvements based on the analysis of the use data made by users of the website.

 

• Behavioural Advertising Cookies: These cookies allow storing information on user behaviour obtained through the continuous observation of your browsing habits, which makes it possible to develop a specific profile to display advertising based on said habits

 

Authorisation, Revocation and Disposal

 

When browsing the Site for the first time, you have been informed about the use of cookies, of the possibility of accepting their installation, or rejecting the installation of certain types of cookies, such as analysis, advertising and cookies from third parties.

 

Likewise, and at any time, you can allow, block or delete the cookies installed on your computer by configuring the browser options or from the privacy options of the computer from which you are visiting us. In the event that you block the installation of technical cookies in your browser, you may not be able to access certain sections of the Site and/or use some of the services offered.

 

If, through the initial configuration, you had accepted the installation of certain types of cookies and subsequently wanted to oppose their installation or maintenance, you must delete the cookies already installed through the configuration of the browser options, and reconfigure those of which you allow its installation.

 

Additionally, some of the services described above offer direct “opt-out” mechanisms to oppose the installation of your cookies.

 

Google Analytics cookies advice

 

The personal data can be internationally transferred in the context of the relationship between the Controller with service providers, especially technological support services in order to comply with the purposes (ex. Google Analytics Cookies). In these situations, the international transference will be done with the necessary safeguards.

 

Processing of Personal Data through Cookies

 

When contacting us regarding the granting of your consent relating to cookies on the Site, please indicate the identification number and date of your consent. 

 

For additional information on the processing of your personal data carried out on this website, and through the use of cookies of which you have been informed, please refer to our Privacy Policy. 

 

UPDATE

 

This Policy may be updated periodically to reflect changes in the use of cookies on the Site. We will post a prominent notice on the Site to notify you of any significant changes to our Policy and will indicate at the bottom of the Policy when it was last updated.

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