Terms & Conditions
1. THESE TERMS
These are the terms and conditions on which we supply our products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Sailingfast Limited, a company registered in Scotland. Our company registration number is SC577224 and our registered office is at The Stables, Farrenridge, Avonbridge, Falkirk FK1 2HN. Our registered VAT number is GB847 2888 75. You can contact us by writing to us at [email protected]. If we have to contact you we will do so by telephone or by writing to you at the email address you provide to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
Whether your order is placed via our website or by email correspondence with us, our acceptance of your order will take place when we email you to accept it, at which point a binding contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
The images of the products on our website are for illustrative purposes only. Although we have made every effort to provide an accurate depiction of our products on our website, we cannot guarantee that products will be identical to the images or that a device’s display of colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract – please see clause 8 below.
6. OUR RIGHTS TO MAKE CHANGES
We may make changes to our products to reflect changes in relevant laws and regulatory requirements.
7. DELIVERY OF THE PRODUCTS
The costs of delivery will be as displayed to you on our website or as quoted by us via email. We will provide you with an estimated delivery date. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Any special delivery instructions must be agreed with us in advance – you can contact us at [email protected]. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT
You have the right to end the contract in the circumstances set out below:
Ending the contract because the products are damaged or incorrect products have been delivered. We will refund you in full or replace any products where the products are damaged or have been delivered to you in error. You should inspect products as soon as they are received and contact us at [email protected]] as soon as possible if they are damaged or incorrect. For damaged products, please retain the product and packaging and provide us with a clear photo of the products. We may also ask for further information. Please note that it is your responsibility to ensure that products you purchase from us are fitted, set up and used correctly. We assume no liability in respect of the improper fitting, set up or use of our products or damage caused to products as a result of such improper fitting, set up or use of our products.Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: we have told you about an upcoming change to the product or these terms which you do not agree to; there is a risk that supply of the products may be significantly delayed because of events outside our control; or you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind. If you are a consumer, you have a legal right to change your mind within 14 days and receive a refund. The 14 day cancellation period commences the day after the day you receive the product. The 14 day cancellation period does not apply to products which are bespoke or which have been made to your specification, for example if you are purchasing rope cut to a specified length. Returned products must be unused and in their original packaging.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us for any of the reasons set out above, please let us know by emailing us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Stables, Farrenridge, Avonbridge, Falkirk FK1 2HN. We recommend using a tracked service such as MyHermes or 2nd class tracked with Royal Mail. We shall arrange collection of products which are over 1.5m long. Please note that we are not responsible for return postage other than for incorrectly supplied or damaged products. Return postage for products returned for any other reason shall be solely at your cost. If you are exercising your right to change your mind you must send the products (or arrange collection with us as appropriate) within 14 days of telling us you wish to end the contract.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. Please note that if you are exercising your right to change your mind, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then our refund will be made within 14 days from the day on which we receive the product back from you, at which time we shall check that the returned product is unused and in its original packaging.
10.If there is a problem with the product
If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.PRICE AND PAYMENT
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or the price we have quoted via email correspondence. We use our best efforts to ensure that the price of the product advised to you is correct. We accept payment through by online bank transfer or credit card. You must pay for the products before we dispatch them. We will normally charge your credit or debit card upon confirming your order. However in some circumstances, we may require payment of a deposit for products upon placing an order, with the balance of the price payable prior to delivery. In such circumstances, any deposit shall be non-refundable in the event that the contract is ended by you prior to payment of the balance of the price.
12.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or indirect or consequential loss.
13.How we may use your personal information
14.OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN