Terms & Conditions
TERMS AND CONDITIONS
Welcome to our online store Sail 88 part of Kellow Business Services Ltd and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
This website is operated by Sail 88 part of Kellow Business Services Ltd (herein knows as Sail 88). Throughout the site, the terms “we”, “us” and “our” refer to Sail 88. Sail 88 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Ecwid. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age in the UK, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, break any laws in your or any Country (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Any content, trademarks, pending trademarks and copyrights are owned by Kellow Business Services Ltd.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and Service, use of the Service, or access to the Service or any contact on the website through which the product / service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Sail 88 part of Kellow Business Services Ltd will do its upmost to give you uninterrupted access to our website 24/7, but access may be suspended, restricted or stopped at any time.By accessing our site you accept full responsibility for any costs incurred from using our site.This does not affect your statutory rights as a customer.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate as they are at the limitation of the web system. We also reserve the right to make changes to products without previously updating the description on the website which are due to sailcloth, cloth and hardware availability.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
From time to time, this website may also include links to other websites.These links are provided for your convenience to provide further information.They do not signify that we endorse the website(s).we have no responsibility for the content of the linked website(s).
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION / PRIVACY
Your submission of personal information through the store is compulsory to complete any order placed. However, we will not pass this information on the any third parties (to the best of our knowledge). We would reiterate that our store is hosted by Ecwid, they provide us with the online e-commerce platform that allows us to sell our products and services to you. Ecwid confirm that they are GDPR compliant.
Here at Sail 88 we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.
However, from time to time we would like to contact you with details of other products / offers / services and competitions we provide. If you consent to us contacting you for this purpose please tick the box at the checkout which shows that you agree to our Terms and Conditions. We will contact you either by post, email, telephone, text message or automated call.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sail 88 part of Kellow Business Services Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sail 88 part of Kellow Business Services Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services and Products shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – DELIVERY
We keep many of our items in stock which can be despatched within 48 hours of us receiving your confirmed order, however, please allow at least 21 days for any personalised and bespoke items to be made. Although we do endeavour to keep to this time frame, sometimes it may take longer.If this is the case we will advise you via email.Once made these will be delivered by Royal Mail, Parcel Force or a Delivery Carrier.The time for delivery can vary between the different carriers, please, therefore, allow up to 4 working days for delivery.We will advise via email when an order has been despatched.If you have a specific date which you need your order for, please let us know via email at info@sail88.co.uk (this can also be found in our contacts tab) and we will endeavour to complete your order.However, we cannot guarantee delivery within a shorter period than shown above.
If you live outside the UK mainland, please let us know via email (this can be found in our contacts tab) and we will confirm any postage charges to you.Please note that there may be local VAT and or import charges to pay on items delivered outside the UK, these charges will be your responsibility and not Sail 88 or Kellow Business Services Ltd.
If you are not available when Royal Mail, Parcel Force or a Delivery Carrier attempts to deliver your (or any part) of your order you will be responsible for making arrangements directly with the carrier for receiving the goods or collection of the goods from their depot.If there are any additional charges due to the carrier on re-delivering your order these will be your responsibility and not Sail 88.
Unfortunately, we do not have a collection service from our base.All orders must be despatched through a carrier.
SECTION 20 – CANCELLATION
Under the Distance Selling Regulations in the UK you have a right to cancel your contract/ order.If you wish to request this, this must be done in writing within 7 days from the day after receipt of your order.This must be done via email (info@sail88.co.uk) or via post.Please quote your reference / order number on any correspondence.
The above only relates to products purchased from stock.Any personalised products which you choose to cancel will be subject to a 50% cancellation fee if we are in the process of producing the product.Unfortunately, if the order is complete no refund can be given.
SECTION 21 – REFUNDS, RETURNS and EXCHANGES
If for any reason you are not happy with your product you can return to Sail 88 within 14 days of receipt of the completed order.Unfortunately, we cannot offer any refunds or returns on personalised orders.Sale items are exempt from refunds, only full priced (no sale) products can be returned / refunded.Discounted items constitute sale items.
To ensure you are eligible for a refund / return, your item must be unused and returned in the original packaging.We recommend that you return your item through a courier / service which uses a signed for service.We also recommend that you insure the item you are returning as we cannot accept any liability for the refund until the item is in our premises and has been examined for faults.Please ensure that you put a copy of your receipt in with the return to enable us to track your order.
If the items are deemed damaged or the packaging is damaged, we reserve the right to refuse a refund on the item.
Exchanges will be accepted on products which have not been personalised or are sale items or have been discounted.You have 14 days to request an exchange.Products need to be returned to us with a copy of your receipt within this 14-day period.
To enable an exchange the returned item must be returned in its original condition, unused and with the original packaging undamaged.We recommend that you insure the item you are returning as we cannot accept any liability for the exchange until the item is in our premises and has been examined for faults.Exchanges may be subject to extra transport charges / postage charges.
If there is a difference in the purchase price, we will either charge or refund according to the price difference.Please note items cannot be exchanged for goods included in the Sale.
Return Address: -
Sail 88, North Battisborough Farm, Battisborough Cross, Plymouth, Devon, PL8 1JS, UK.
SECTION 22 – FAULTY GOODS / ITEMS
Faulty items will be refunded if they are returned within 14 days of receipt in their original packaging and complete.We cannot accept items if they have been washed or care instructions not followed or the damaged caused is due to wear and tear or misuse.
Please enclose a copy of your receipt to enable us to track your order.
SECTION 23 - ELECTRONIC COMMUNICATIONS
When you visit Sail 88 or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@sail88.co.uk
25 COOKIES
Information about our use of cookies
25.1 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device's hard drive.
25.2 Our site uses cookies to distinguish you from other users. This ensures we can provide you with an optimal user experience and allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
25.3 We use the following cookies:
25.3.1 Strictly necessary cookies.
These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.
25.3.2 Analytical/performance cookies.
These allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
25.3.3 Functionality cookies.
These are used to recognise you when you return to our site. This enables us to personalise our content for you, greet you by name and organisation and remember your preferences (for example, your choice of language or region).
25.3.4 Targeting cookies.
These cookies record your visit to our site, the pages you have visited and the links you have followed. We will use this information to make our site more relevant to your interests. We may also share this information with third parties for this purpose. Except for essential cookies, all cookies will expire after 30 [thirty days].
25.4 Third party cookies
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services and payment processing services) may also use cookies over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
25.5 Blocking cookies.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Please note that if you use your browser settings to block all cookies (including essential cookies) then you may not be able to access all or parts of our site.
26 CHANGES TO OUR PRIVACY AND COOKIES POLICY
Any changes we make to our privacy and cookies policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to this policy.
27 CONTACT
Questions, comments and requests regarding this privacy and cookies policy are welcomed and should be emailed info@sail88.co.uk
