Terms & Conditions

Welcome to the North Sails terms and conditions. These terms and conditions are for customers who make online payments to North Sails LLC, North Sails Toronto Co, North Sails BV, North Sails A/S, North Sails SARL, North Sails GmbH, North Sails SRL, North Sails New Zealand Ltd, North Sails SLU, North Sails Sverige AB, North Sails AB,, North Sails Australia, North Sails SRL and North Sails Ltd.

If you have any questions relating to these terms and conditions, please contact our team by email, or call us between 0900 and 1730, Monday to Friday (except bank holidays):

 

North America | +1 203-877-7621

Belgium | +32 33-256720

Denmark | +45 29464305  or  +45 39204090

France | +33 (0) 2 97407183

Germany | +49 40 3038 2395

Holland | +31-10-2206144

Italy | +39 01853526

New Zealand | +64 (0) 9 359 5999

Spain | +34 986 54 81 32

Sweden | +46 (0) 313880800

UK | +44 (0) 23 9252 5588

 

DEFINITIONS:

“BUYER” Customer [The Customer is a legal party. This can be an individual or a registered company. These terms are accepted by the customer on payment. Customer means and includes the account debtor with respect to any Receivable and/or the prospective purchaser of goods, services or both with respect to any contract or contract right, and/or any party who enters into or proposes to enter into any contract or other arrangement with the Seller.]

“SELLER” A North Sails Company, a supplier of yacht sails and repair services.

“GOODS” Means the articles / items and or services described in the quotation / order.

“ORDER” Means the order placed by the buyer for the supply of goods or services.

“COMPANY” means North Sails LLC, North Sails Toronto Co, North Sails BV, North Sails A/S, North Sails SARL, North Sails GmbH, North Sails SRL, North Sails New Zealand Ltd, North Sails SLU, North Sails Sverige AB, North Sails AB,, North Sails Australia, North Sails SRL and North Sails Ltd.

“CUSTOM MADE PRODUCTS” means goods that are manufactured to the sellers specification, measurements or requirements. Products that are personalised in any way such as items with country codes, sail numbers or graphics.

“EX WORKS (EXW)” means making the goods available at the Sellers location. The Buyer is responsible for all the transportation costs and also bears the risks of bringing the goods to their final destination.

1. GENERAL

By paying for goods or services online, you (on behalf of yourself or the business you are representing) agree to be bound by the terms and conditions of this agreement. These terms may be modified from time to time. If you do not agree with these terms and conditions, you may not use online payments to North Sails.

The Seller reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Buyer’s commitments to the Seller not being met. Neither the Seller nor the Buyer shall assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the other.

2. OUR CONTRACT

The Seller only accepts your offer of payment and concludes the contract of sale on dispatch of the product to you or payment for services rendered whichever is the latter. Any variation to these conditions (including any special terms and conditions agreed between parties) shall be inapplicable unless agreed in writing by the Company. A North Sails sales order quotation is open for a maximum period of 30 days only from the date thereof unless stated otherwise at time of quotation.

Any order issued by the Buyer is subject to acceptance by the Seller and a contract will only be formed when the company has accepted the Buyer’s offer to buy in writing. The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Company any necessary information relating to the goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.

3. PRICE

All prices are ex works and shall be exclusive of legally applicable VAT, customs duties or any other fees unless otherwise stated. The Buyer is liable for paying all legally applicable taxes. The price payable shall be the price in force at the time of delivery or completion of services rendered. The Seller shall be entitled without prior notice to adjust the price stated to take account of any change in specification made at the request of the Buyer or any alteration before the date of delivery in the cost of the Seller’s labour, material, subcontracted services, import or export duties, tariffs, transport, fluctuations in the currency exchange rate or any other costs which directly affects the cost to the Seller of supplying of the goods or services rendered.

Freight and insurance charges (where applicable) are based on the rates obtainable at the date of quotation from the freight supplier of services. If these rates are increased or decreased from any cause between the date of quotation and the date on which the equipment is shipped, the contract price will be changed to account for such increase or decrease by the net amount of the increase or decrease due to the variation of such rates.

4. DELIVERY

Whilst the Seller will use all reasonable endeavours to keep any stated despatch or delivery date it accepts no liability whatsoever for loss or damage resulting from delay however the same shall have been caused.
The Seller will confirm the estimated delivery date after any initial payments due are paid and all custom details are confirmed by both the Seller and the Buyer. If the Buyer fails to take delivery of the goods or any part thereof at the time agreed for delivery then the Seller shall be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge the Buyer with loss suffered. The Seller reserves the right to make delivery by installments and to tender a separate invoice in respect of each installment.

In the event of short shipment incorrect items or damaged goods of any delivery the Buyer shall confirm such claims in writing to the Seller within 30 working days from the date of delivery or collection. Compliance with this requirement shall be condition precedent to any claim. If short delivery takes place, the Buyer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract. Standard terms for all deliveries are Ex Works unless stated otherwise.

5. PAYMENT

On confirmation of order an initial payment as stated on the sales order confirmation documentation is due. The remaining balance is due on completion of the production of the goods prior to delivery or collection by the Buyer or at completion of services rendered unless otherwise agreed by the Seller. If the Buyer fails to make payment in full on the due date then (without prejudice to any other rights of the Seller) the Buyer shall without the need for the Seller to give notice become liable to pay the Seller interest on the amount for the time being unpaid at the rate of 1% per calendar month (or a maximum legally allowed) which shall accrue from day to day and be calculated from the date of delivery of the goods until the date of actual payment as well after as before any judgement. If the Buyer fails to make payment in full on the due date then (without prejudice to any other rights of the Seller) the Seller may store goods or items where services have been rendered and a storage fee will be applied at the discretion of the Seller.

When the Buyer pays in full and has not received goods 30 days after the completion date, the Seller may store the goods on behalf of the Buyer. 90 days after which the Seller will charge for storage at their discretion. In the event of late or non payment 90 days after completion of the goods the Seller shall be entitled to either suspend delivery of the goods and their installation without notice and charge interest until all amounts owing (including accrued interest) have been paid in full or terminate the contract by notice to you in writing.

6. CANCELATION and RETURNS

The Buyer can cancel an order prior to dispatch of an item or services rendered. If the Buyer wishes to cancel they need to inform the Seller via a cancellation form which must be approved by the Seller prior to the Seller accepting the cancellation.
If the Buyer wishes to return an item they need to contact the Seller via a returns form which must be approved by the Seller prior to the Seller accepting the return. The Buyer will notify the Seller in writing promptly following discovery of the defect and in any event within 7 days of receipt of goods or services. Any deposits due are payable on order placement and are non-refundable.

7. REFUNDS

As each Custom Made Product is bespoke, the Buyer wishing to cancel or return an order for a Custom Made Product is liable to pay the full amount of the order unless the Seller agrees otherwise in writing at their discretion.
If the item purchased was faulty or did not work properly, or the item or services rendered was not as described, the Seller may cover costs of shipping for warranty, damaged or incorrect goods at their discretion.

8. WARRANTY

In addition to statutory rights and legal guarantee required by local jurisdictions the Seller guarantees its goods and services for a minimum period of 12 months from date of delivery against all defects which are due to poor workmanship or defective materials supplied to the Buyer unless otherwise stated.

  • The Buyer will notify the Seller in writing promptly following discovery of the defect and in any event within 7 days.
  • The Seller’s liability under this warranty is limited to the repair of the defect or, at the discretion of the Seller, the provision of replacement goods.
  • The Buyer must return the allegedly defective goods to the Seller.
  • The statutory rights of the Buyer are not affected by these conditions.

9. PRIVACY

 

View North Sails Privacy Policy

 

10. RETENTION OF TITLE

All goods delivered by the Seller will remain the property of the Seller until all debts relating to the goods and owed to the Seller by the Buyer are settled.

11. LIABILITY

The Company shall not be liable for any loss or damage caused by events or circumstances beyond our reasonable control (such as severe weather conditions or the actions of third parties not employed by us); this extends to loss or damage to items where service are rendered or items left with the Company for storage, and harm to persons entering the Company’s premises or using any of the Company’s facilities or equipment.

The Company shall take reasonable and proportionate steps having regard to the nature and scale of the business to maintain security at the Company’s premises, and to maintain facilities and equipment in reasonably good working order; but in the absence of any negligence or other breach of duty by the Company any property left by a customer is at their own risk and customers should ensure that their own personal and property insurance adequately covers such risks.
The Seller’s liability shall not under any circumstances whatsoever exceed the value of the goods or the amount of the invoice.

12. FORCE MAJEURE

The Seller shall not be liable for any failure to deliver goods or items where services have been rendered arising from circumstances outside the Seller’s control. Should the Seller be prevented from delivering in the above circumstances, it shall give the Buyer written notice of this fact as soon as reasonably practicable after discovering it. If the circumstances preventing delivery are still continuing three months after the Buyer receives the Seller’s notice, then either party may give written notice to the other cancelling the contract.

If the Contract is cancelled in this way, the Company will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Company is entitled to claim from the Buyer) but the Company will not be liable to compensate the Buyer for any further loss or damage caused by the failure to deliver.