Terms and Conditions
By visiting or shopping at this web site, you accept the following terms and conditions. These are also our terms and conditions for purchases made by telephone and through our shop in Northampton. Please read them carefully.
- Items must be returned within 1 month of receipt.
- Returned clothing will not be subject to a restocking charge
- Fitting and general chandlery items will be subject to a 10% or £2.50 (which ever is greater) restocking fee. This excludes order values over £250 which is subject to our discretion.
- Safety related items will not normally be accepted for return - this includes (but is not limited to) flares, buoyancy bags, gas inflated life jackets. Should such a return be accepted - we may have to pass on the charge of it being inspected/retested by the manufacturer
- We cannot accept the return of electronic items - this excludes watches
- We cannot accept return of sails, safety related items, special orders or items made to order - such as; boat covers, products cut to order (roughly anything supplied on a per meter basis i.e. rope, wire, track, tube, keelband, webbing etc), custom kicker systems, spinnaker sheets, mainsheets etc
- All items must be returned in the original containers and with original labels. The customer is responsible for return delivery costs this includes deliveries that are refused. Note; refused deliveries can raise significant surcharges from carriers, which is the responsibilty of the customer.
- Whilst all efforts are made to ensure accuracy of description, specifications and pricing there may be occasions where errors arise. Should such a situation occur the company cannot accept your order. In the event of a mistake you will be contacted with a full explanation and a corrected offer for your approval. You will never be charged until goods are despatched
- Damage in transit must be advised within 24 hours of receipt
- None delivery or short delivery must be advised within 3 days of despatch
- We do not charge a processing fee for the use of credit cards - with the exception of puchases of complete boats. In this case you will always be advised of the charge so you can make alternative arrangements for payment if required.
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Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Standard Terms and Conditions of Business
a) In these Terms and Conditions of Business the word ‘Company’ shall mean Sailboats.co.uk, ‘Buyer’ shall mean the customer of Sailboats.co.uk and ‘consignment’ shall mean goods in transit from the Company.
b) Whether a purchase is made by mail order, telephone or counter sale, all goods are supplied to the Buyer on the following terms which shall prevail over any terms or conditions stipulated by the Buyer whether or not the same expressed to override these terms and no person in the employment of, or acting as agent of the Company, has authority to accept orders which vary these terms in any way whatsoever.
c) The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
2) Carriage and Delivery
a) If delivery of the consignment is refused or not collected by the Buyer and is returned to the Company – the Buyer will be responsible for outbound and return charges. In the case of export orders, this can include re-import duties and fees, if incured.
b) Claims must be notified to the Company in writing.
i) In the case of damage within 24 hours
ii) In the case of non delivery within 3 days
c) Any despatch date is given in good faith and is approximate and is not an essential term of the contract. The Company shall not be liable for any loss or damage (including loss of profit) arising out of late delivery.
d) Reasonable part-consignment and slight deviations, for example in respect of colour etc shall be admissible.
e) The Buyer shall be responsible for arrangements for receipt and checking of Consignments and such persons shall be the nominee of the Buyer.
f) Receipt of delivery and Claused Signatures
i) The endorsement of the words ‘not checked’ or ‘unexamined’ (or different words to the same effect) on a delivery note shall not render the Company liable for any shortage or damage subsequently discovered.
g) Late Delivery
i) Whilst every effort will be made to meet a delivery shedule quoted, no liabilty is accepted for consequential loss arrising from late delivery. Time is not of the essance. A reduction in the delivery fee may be available if the delivery is late. Should consequential loss be required for larger contracts/orders this will be quoted for accordingly.
a) Order processing: Every effort will be made to supply equipment described by the Buyer. However the Company accepts no responsibility when:
i) Manufacturers part numbers or non Company part numbers are provided.
ii) Details shown on a quotation or order confimation are not checked by the Buyer or the opportunity to receive one is declinded by the Buyer.
a) The Company warranties that goods will be free from defects in material and workmanship. The Company will at its option, repair or replace the goods which are returned to the Company by the Buyer and which the Company is satisfied are defective, provided always that the Company shall be under no liability for:-
i) Any consequential loss or damage of any kind whatsoever.
ii) Any defect judged by the Company to be caused by fair wear and tear or by the improper handling of the goods or by anyone other than the Company.
iii) Subject as aforesaid all express or implied warranties or conditions statutory or otherwise as to quality or fitness are hereby expressly excluded.
iv) Return delivery costs.
5) Prices, Quotations and Payment
a) Goods, services and delivery charges will be invoiced at the prices ruling at the date of despatch or Invoice which ever is the later. The Company reserves the right to alter or withdraw its price lists and/or specifications at any time without previous notice.
i) Occasionally, an error may occur and goods or service charges (including delivery charges) may be either incorrectly priced or described. In which case we will not be obliged to supply the goods or service at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid..
ii) Unless otherwise specifically stated - written quotes are valid for 7 days; verbal quotations are valid for 1 day.
b) The Company’s standard terms of payment are cash with order, or against pro-forma invoice, or by cash against documents, sight draft or irrevocable letter of credit in respect of export orders.
c) The Company may at it’s discretion offer credit terms subject to the following terms:-
d) Payment is received by the Company within number of days advised on notice.
e) Orders from Buyers whose accounts are overdue will be withheld until payment of the overdue amount is received.
f) The Company will at its discretion charge interest at the rate of 3% per month on any overdue account from the due date.
g) The Buyer is responsible for any costs made to the Company in respect of the following:-
i) Charges made by Debt Collecting Agency
ii) Bank charges and administration associated with unpaid cheques
6) Retention of Title
a) The property in all goods supplied shall remain vested in the Company until it is shown by the Buyer that the full price of such goods has been paid to the Company.
a) Goods returned must be in new, unused and unmarked condition with manufacturer’s labels still attached and should be accompanied by a copy of the invoice or advice note.
b) No return or exchange will be accepted after 1 month from the date of Invoice.
c) The buyer shall be responsible for packing, insurance and carriage costs of returned goods. This includes deliveries that are refused, these costs can be significant due to surcharges imposed by the carriers.
d) Return of special orders, products cut or made to order, supplied by the metre or by weight, safety (flares, life jackets, buoyancy bags etc), medical items, sails, boat cover, spars, electronic items (excludes watches) will not be accepted.
e) Return goods accepted and subsequently returned to stock will be subject to a 10% restocking fee or £2.50 administration fee whichever is the greater (this excludes clothing exchanges). This excludes order values over £250 which is subject to our discretion.
f) The Company reserves the right to decline the return of an order made for the purposes of evaluation, fraud, inappropriate business activity or any reasonable reason given by the Company.
g) Carriage free orders subsequently returned will normally have the cost of the original delivery to you deducted from the refund.
a) The purchase of goods and/or services shall be governed and construed in accordance with English Law and both parties accept the exclusive jurisdiction of the English Courts.