109 Watersports is family run and we take pride in offering a fantastic service and selling great products. In our Weymouth shop it's easy to see the products you like and choose them based on what you see, the price and the service we are offering.


1. Terms & Conditions Introduction

1.1 We operate the website www.109watersports.co.uk (the "Website"). We are 109 Watersports, a company based at 109 Portland Road, Weymouth, DT4 9BG ("we", "our", "us" or "109 Watersports").
1.2 If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and purchasing the products detailed on our website ("Products") for private and non-commercial purposes.
1.3 These Terms (together with our Privacy Policy) tell you information about us and the legal terms and conditions on which we sell the Products to you. The Terms, Privacy Policy and Terms of Website Use are together the "Agreement".
1.4 By registering with 
109 Watersports and ordering a Product through this Website, you accept that you are entering into a contract with us under these Terms. People who register with 109 Watersports establish an "Account", and become "Users". Visitors to 109 Watersports who do not register with 109 Watersports, but who nevertheless use the Site affirm that they are bound by these Terms each time they access 109 Watersports.
1.5 If you do not agree to these Terms, you must not use this Website.
1.6 Please note, we reserve the right to amend these Terms from time to time.

2. Placing an Order

2.1 A contract for the purchase of a product is created as follows:
2.1.1 To place an order, a visitor must become a User by creating an account, as outlined in Section 1.4 or contact 
109 Watersports through the enquiry form or contacting direct;
2.1.2 The User places the order on the Site by pressing the order confirmation button at the end of the checkout process. 
2.1.3 By confirming your order on the Site or via direct contact, you are agreeing to purchase the product you have selected for your order;
2.1.4 At this point, we take payment for your order by means of your nominated payment method;
2.1.5 We will confirm our acceptance of your order by sending you an “order confirmation email”, which will make the agreement legally binding on you and us. Each order placed will incorporate the Terms and shall be a new and separate contract between you and us;
2.1.6 Once your Order has been despatched for delivery, you will receive a “despatch confirmation email”.
2.2 If your order is rejected we will contact you to confirm this and you will be refunded for your Order. We may reject an order for any of the following reasons:
2.2.1 If we do not have your chosen product in stock;
2.2.2 Where we cannot obtain authorisation for your payment;
2.2.3 If there has been a relevant pricing or product description error;
2.2.4 If your order otherwise breaches any of the requirements of these Terms;
2.2.5 If there is not enough time to fulfil your request;
2.2.6 We suspect that the order has been placed fraudulently 

3. Products Shown and Pricing

3.1 We endeavour to ensure that every product on 109 Watersports is shown accurately, however, occasionally there may be small variations. 
3.2 The prices displayed on the website are subject to change and we reserve the right to change these at any time. 
3.3 In rare cases, the price quoted for a Product may be displayed incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price before you make your payment. We are under no obligation to provide the Product to you at the incorrect price, even after an Order Confirmation Email has been sent, if the pricing error is obvious and unmistakeable and could reasonably be recognised by you as a mis-pricing.
3.4 Prices shown on the website are in GBP and are inclusive of Value Added Tax (VAT) at the prevailing rate. The price of the product does not include the delivery charge. You are advised of delivery charges at checkout, for more information on delivery please see Section 5.
109 Watersports does not cover, and will not be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.

4. Delivery of Products

4.1 The products sold by us are shipped directly from our shop.
4.2 The price for delivery is shown separately to the cost of goods at the checkout stage before you place your order.
4.3 An estimated delivery date will be given at checkout. Occasionally our delivery to you may be affected by an event outside our control. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
109 Watersports does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.


5. Changing or Cancelling an Order

5.1 You can cancel or edit your order once the order has been approved by calling us directly before the items are shipped. 
5.2 We are not responsible for customer generated mistakes such as order quantity or other ordering errors, including delivery address. To prevent these errors from happening, please review your order carefully before proceeding to payment.


6. Refund Policy

6.1 If, upon receiving your Product(s), they are damaged or faulty, you may raise a complaint and we will investigate. Please email info@109watersports.co.uk with your order number, a description and clear photograph of the damaged goods and we will consider if you are eligible for a refund or replacement. As stated in Section 5.2, we do not take responsibility for customer generated mistakes. 

7. Payment and Charges

7.1 We accept payment through Paypal and Debit card or cash in-store
7.2 The total charges for the Products and delivery are listed on the checkout page and on the Order Confirmation Email or Invoice.
7.3 Payment will be deducted from your account when we send you the Order Confirmation Email.
7.4 When submitting your order, you warrant that all the detail you have provided are valid and accurate at the time, and that when your order is accepted by us, payment will be made in full.
7.5 If we cannot accept your order for the reasons outlined in Section 2.2 then a refund will be arranged.
7.6 All invoices should be paid within 30 days of receipt. 
109 Watersports will not take any responsibility for the items to be delayed due to late payment.


8. Privacy

8.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this.
8.2. Intellectual Property Rights
8.3 All material on our Website is either owned by or licensed to 
109 Watersports Ltd and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, text, layout, look and graphics. All worldwide rights are reserved. 
8.4 You may not copy, distribute, create any derivative work or commercially exploit the content from 109 Watersports, or any of the material found on our Website without our prior express, written permission. 
8.5 Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.

9. Liability

9.1 We, and any of our members, agents, directors, employees or partners, have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
9.1.1 any loss of income or revenue, business, profits or contracts, and anticipated savings;
9.1.2 any loss or corruption of data;
9.1.3 any loss or damage which does not directly result from our failure to comply with this Agreement.
9.2 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.


10. Risk and Title

10.1 The Products will be at your risk from the time of delivery.
10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.


11. Termination

11.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.

12. Events Outside Our Control

12.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that is caused by an Event Outside Our Control, as defined below.
12.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or 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, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.

13. Law and Jurisdiction

13.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.

14. Engagement with our team

14.1 We will always be polite & friendly to customers who get in touch with us, and ask that you engage with us in the same way. Abusive language and threats will not be tolerated in any communications with us, be it via email, live chat, over the phone, or on Social Media. The use of inappropriate language may prevent us receiving your emails or messages, as these are automatically filtered to remove abusive content.


Trading address

109 Watersports Ltd
109 Portland Road
01305 773109