Terms of Use

GENERAL TERMS AND CONDITIONS

This page (together with the information contained on the other pages of our website (our site) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

You can contact us directly using the contact details set out on our Contact Us page

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. For the steps you need to take to place on order on our site, please see our Purchasing, Payment and Delivery page.
2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before you click “Go to Checkout”. If there are any errors in your order please go back to the Order Form and correct them before you click “Go to Checkout”.
3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
4. We will confirm our acceptance of your order by sending you an e-mail that confirms that your order has been accepted (the Order Confirmation). A contract between us will only be formed when we send you the Order Confirmation (the “Contract”).
5. If we are unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price or otherwise on our site, we will contact you by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. We may also contact you, before sending an Order Confirmation, if we have any questions about your order.
OUR PRODUCTS
1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2. All of our Products are handmade, bespoke and made to Order.
3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order and will return payment.
YOUR RIGHT OF RETURN
1. As all of our Products are made to meet your required specification you do not have a legal right to cancel your order. However, if you place an order and then change your mind please send us an email or call us with full details of your order and clearly stating your request to cancel. If we receive your email or telephone call before we have sent you our own emailed Order Confirmation then we will accept your cancellation and will refund any payment that you have made with respect to that cancelled order.
2. If the Products are faulty when you receive them please contact us as soon as possible to notify us of the issue and to agree arrangements for their return. If, when we receive the Products, we agree that they are faulty, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable costs you incurred in returning the Product to us.
DELIVERY
1. All of our products are made to order.
2. We cannot guarantee delivery times but we have a lead time of around 6 weeks and, if delivery is within the UK, we aim to deliver your goods within 7 weeks of receipt, in cleared funds, of your payment.
3. If you require delivery more urgently or to a location outside of the UK please contact us by email and we will contact you to discuss your requirements.
4. Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery.
INTERNATIONAL DELIVERY
1. If you would like us to deliver Products to somewhere outside of the UK please email us with the details of your order. You can use the Order Forms on the website to help you with the information that we will need to know about your sails but the delivery timescales, method and charges will not be as stated on the website. We will need to agree these separately with you via email or telephone prior to sending you our Order Confirmation email.
2. When we have received your emailed order we will contact you to discuss the most appropriate method of delivery, including timescales and delivery charges. We will also discuss and agree the best method of payment.
3. If you order Products from our site for delivery outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
PRICE OF PRODUCTS AND DELIVERY CHARGES
1. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation email.
2. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Purchasing, Payment and Delivery page.
3. Our site contains a large number of Products and it is always possible that, although we try hard to make sure it doesn’t happen, our website may display some of the Products for an incorrect price or may calculate the total price of your Order incorrectly. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
HOW TO PAY
1. You can pay for Products using Paypal, bank transfer, cheque or cash.
2. Payment for the Products and all applicable delivery charges must be made in advance. Cheques will take five working days to clear with our bank and we will not despatch the Product until we have received cleared payment (including all delivery charges).
OUR WARRANTY FOR THE PRODUCTS
1. We provide a warranty for the Products that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, for the avoidance of doubt and without limitation, this warranty does not apply in the circumstances described in clause 8.2.
2. The warranty in clause 8.1 does not apply to any defect in the Products arising from:
  1. fair wear and tear;
  2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  3. if you fail to operate or use the Products in accordance with the user instructions or if you operate or use the Products in unsuitable or inappropriate weather conditions;
  4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
  5. any specification provided by you.
3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A BUSINESS
1. Nothing in these Terms limits or excludes our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. defective products under the Consumer Protection Act 1987.
2. Subject to clause 9.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  1. any loss of profits, sales, business, or revenue;
  2. loss of business opportunity;
  3. loss of goodwill; or
  4. any indirect or consequential loss.
3. Subject to clause 9.1 and clause 9.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed �150% of the price of the Products in that Contract.
4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not in any way exclude or limit our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
  5. defective products under the Consumer Protection Act 1987.
4. Subject to clauses 10.1, 10.2 and 10.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed �150% of the price of the Products in that Contract.
OTHER IMPORTANT TERMS
1. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have jurisdiction.