Terms of service
OVERVIEW
Welcome to Lazy Captain. The terms "we", "us" and "our" refer to Lazy Captain ("Lazy Captain"). Lazy Captain operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Lazy Captain is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, product safety, and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 — PRODUCT SAFETY: POWERED, BATTERY-OPERATED, AND WATER-USE PRODUCTS
Some of our products, including motorised inflatable floats, are powered by rechargeable lithium-ion batteries and are designed for use in or around water. These products carry risks that are different from ordinary non-powered goods, and your safety depends on following the instructions provided with the product as well as the points below.
3.1 Read the product manual first. Every motorised or battery-powered product is supplied with usage and safety instructions. You must read these in full before first use and before charging the battery. These Terms do not replace those instructions — where the product manual is more specific or more restrictive, the product manual governs your use of the product.
3.2 Battery handling and charging. You must not charge the product unattended, charge it overnight, charge it near flammable materials, charge it while it is wet or has been in contact with water, or use a charger other than the one supplied or approved by us. If the battery becomes swollen, punctured, deformed, unusually hot, or shows any sign of damage, you must stop using and charging it immediately and dispose of it safely via a battery recycling point — never via general household waste.
3.3 Supervised, intended use only. Our motorised float products are recreational items and are not designed, certified, or intended to be used as a flotation safety device, lifesaving aid, or substitute for swimming ability or supervision. They should be used only by individuals who are confident, competent swimmers, within their depth or supervised capability, and never in open water, rough conditions, strong currents, or areas with boat traffic, without appropriate adult supervision.
3.4 Weight, age, and capacity limits. You must observe any stated maximum user weight, recommended minimum age, and maximum number of users specified in the product listing or manual. Exceeding these limits increases the risk of structural failure, capsizing, or injury.
3.5 Mechanical and moving parts. Where a product has a motor, propeller, or other moving part, keep hands, hair, loose clothing, and drawstrings clear of the mechanism at all times during operation, and power off and disconnect the battery before inspecting, cleaning, or storing the product.
3.6 Your responsibility. You are responsible for inspecting the product before each use, following the supplied instructions, and ensuring that anyone using the product (including children, where age-appropriate and supervised) is made aware of these safety points. Nothing in this Section limits any right you have under the Consumer Protection Act 1987 or other applicable law in respect of a genuinely defective product.
SECTION 4 — ORDERS
When you place an order, you are making an offer to purchase. Lazy Captain reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Lazy Captain confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Lazy Captain may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 5 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online store may differ from prices offered in physical stores or other stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions; where there is a conflict between promotion terms and these Terms, the promotion terms govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update this information, including your email address and payment details, so that we can complete your transactions and contact you as needed. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 6 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, risk of loss in the product passes to you, save that this does not affect your statutory rights as a consumer in relation to faulty or misdescribed goods.
SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Lazy Captain, its affiliates, or licensors, and are protected by UK and foreign copyright, trademark, and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Lazy Captain, Shopify, or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Lazy Captain. The Lazy Captain name, logo, product and service names, designs, and slogans are trademarks of Lazy Captain or its affiliates or licensors, and must not be used without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 8 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the relevant third party's own terms. Any new features we may offer in the future shall be deemed part of the Services and subject to these Terms.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access third-party materials or sites, you do so at your own risk. We are not liable for harm or damages related to your access of any third-party website, or your purchase or use of any products, services, resources, or content on a third-party website. Please review the third party's own policies before engaging in any transaction with them. Complaints regarding third-party products and services should be directed to that third party.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
Lazy Captain is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Lazy Captain. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Lazy Captain, including any injury, damage, or loss resulting from purchased products. This does not affect your statutory rights, including any rights you may have against Lazy Captain as the seller of the product.
SECTION 11 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed [here], and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed [here]. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as other third parties involved in fulfilling your order, in accordance with our Privacy Policy.
SECTION 12 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting it; and (iii) your Feedback complies with these Terms and does not infringe any third party's rights, and is not unlawful, defamatory, obscene, or otherwise objectionable. We are under no obligation to keep Feedback confidential, to compensate you for it, or to respond to it, and we may, but are not obliged to, monitor, edit, or remove Feedback at our discretion. You may not use a false email address or impersonate any person in submitting Feedback. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update information or cancel orders if any information is found to be inaccurate, at any time without prior notice, including after an order has been submitted.
SECTION 14 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) pursue any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, defame, or harm any person; (e) transmit false or misleading information; (f) send spam, chain letters, or unsolicited promotional material; (g) impersonate any person or entity; or (h) restrict or inhibit anyone's use or enjoyment of the Services, or expose us or other users to liability. You also agree not to: upload viruses or malicious code; reproduce, duplicate, or resell any portion of the Services without authorisation; collect or track others' personal information without consent; or interfere with or attempt to circumvent the security of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we reasonably determine you have violated these Terms.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services (or any part of them) at any time, in our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes, and we do not warrant its accuracy, completeness, or usefulness. Except as expressly stated by Lazy Captain or as required by applicable law (including the Consumer Rights Act 2015), the Services and products offered through them are provided "as is" and "as available," without warranties or conditions of any kind beyond those implied by law, including conditions as to satisfactory quality, fitness for purpose, and conformity with description, which apply to the extent required by the Consumer Rights Act 2015 and are not excluded by this clause. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Nothing in this Section affects your statutory rights as a consumer.
SECTION 17 — LIMITATION OF LIABILITY
17.1 What we do not limit. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; (b) fraud or fraudulent misrepresentation; (c) defective products under the Consumer Protection Act 1987; or (d) any other liability which cannot lawfully be excluded or limited under the laws of England and Wales.
17.2 What we do limit. Subject to clause 17.1, to the fullest extent permitted by law, Lazy Captain, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, special, or consequential loss or damage (including loss of profits, loss of revenue, loss of savings, or loss of data) arising from your use of the Services or any product procured through the Services, except where such loss results from death, personal injury, or a defective product as described in clause 17.1.
17.3 Misuse of products. Clause 17.1 does not limit your own responsibility to follow the safety instructions in Section 3 and in the product manual. We are not liable for injury or damage arising from use of a product contrary to its supplied instructions, including unauthorised charging equipment, unsupervised use by children, exceeding stated weight or capacity limits, or use of a damaged battery that has not been removed from service in accordance with Section 3.2.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lazy Captain, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services, save to the extent such losses arise from our own negligence or breach of these Terms. We will notify you of any indemnifiable claim; a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of such a claim at your expense, but will not settle any claim requiring a non-monetary obligation from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity and enforceability of the remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service, together with any policies or operating rules we post on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals, whether oral or written. Any ambiguity in interpretation shall not be construed against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide you Services, are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a consumer resident in another part of the United Kingdom or the European Union, you may also be entitled to bring proceedings in the courts of your own country of residence, and mandatory consumer protection laws of that country may apply in your favour.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.