SAIL XTREME SHOP TERMS OF SALE
About these Terms of Sale
These are the terms and conditions of sale (the "Terms of Sale") which apply to your purchase of goods from Sail Xtreme Shop.com, whether you buy through our website at www.sailxtremeshop.com over the phone or otherwise
SailXtremeShop.com and the goods supplied through it are provided by Havhoekeren (referred to here as "we", "us" and "our"). When we refer to "you" and "your" we mean the user of SailXtremeShop.com and purchaser of goods.
As well as these Terms of Sale, other important legal terms are set out in our Returns Policy. By agreeing to these Terms of Sale you also agree to the Returns Policy, all of which form part of a legally binding contract between us and you. You should read these Terms of Sale and the Returns Policy carefully before buying anything from SailXtremeShop.com.
The rest of these Terms of Sale is made up of the following sections:
PART A - Information about Sail Xtreme Shop.com and the goods
PART B - Buying goods
PART C - Cancelling your order and returning goods
PART D - General terms about our relationship with you
We reserve the right to change the Terms of Sale and the Returns Policy at any time. Any changes to the Terms of Sale or the Returns Policy will be effective for all new orders placed after the change is published on the SailXtremeShop.com website. You should check the Terms of Sale and Returns Policy posted on the SailXtremeShop.com website before each order - they may have changed since your last visit.
If you have any questions about the Terms of Sale, the Returns Policy, the goods or SailXtremeShop.com please contact us here. Alternatively you can speak to an SailXtremeShop.com advisor by calling +45 48 30 16 99.
PART 1 - INFORMATION ABOUT SAIL XTREME SHOP.COM AND THE GOODS
1. Information provided on the Sail Xtreme Shop.com website
1.1. We try to make sure that all information on the SailXtremeShop.com website, including descriptions of our goods and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the SailXtremeShop.com website as soon as reasonably possible and if we think that such an error has affected your order we will try to let you know.
1.2. You should bear in mind that buying goods over the internet provides a different shopping experience from buying in-store. In particular you should be aware that:
* the colors of goods as shown on the website will depend on many factors - including your display settings;
* the sizes and shapes of the goods may differ in real life from how they appear on your screen. All goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
* we will do our best to deliver your goods in accordance with the delivery date set out in our final Delivery Advice email, but please note that all delivery dates given by SailXtremeShop.com (whether on the website, over the phone or by email) are estimates only and delivery dates may vary. Please see PART 2 below for more information about delivery;
1.3. We will do our best to check the website for viruses, but we do not warrant that the website is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
2. Availability
We have the right at any time to modify or stop providing SailXtremeShop.com and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of Sail Xtreme Shop.com.
3. Security
It is your responsibility to ensure that your login details, password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
4. Eligibility to order goods
You may only purchase from SailXtremeShop.com if you are aged 12 years or over. You will need an active e-mail address at which you can be easily contacted.
PART 2 - BUYING GOODS
1. Placing your Order
1.1. Please see How to shop at sailxtremeshop.com . For information about the steps involved in placing an order. Your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
1.2. Our Order Acknowledgement webpage and email set out the final details of your order which you have submitted to SailXtremeShop.com. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Acknowledgement email.
1.3. The Order Acknowledgement contains details of the goods you have ordered, the total cost of the order including delivery, and an order number. The Order Acknowledgement email also constitutes the VAT receipt for your goods. You should print off a copy of the Order Acknowledgment email and a copy of these Terms of Sale and the Returns Policy and keep them safe. You will need to refer to these details when contacting us about your order.
1.4. Please note that the Order Acknowledgement is simply an acknowledgement that your order has been received by SailXtremeShop.com; it does not indicate that we have accepted your order and does not form a binding contract.
2. Order Acceptance
2.1. Except as set out in paragraph 2.2 below, acceptance of your order will take place only when we dispatch the goods to you. Until we dispatch your goods, no contract will have been formed between you and us.
2.2. In the case of goods that are made to order acceptance of your order takes place at the point at which we send out our Delivery Advice email. Please be aware that different cancellation rights apply to goods that are made to order, see our Returns Policy for more details.
2.3. Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
3. Payment
3.1. You can pay for your goods by using any of the well established international credit cards and other methods which you will find on the payment site of SailXtremeShop.com - these are at present VISA, VISA Electron, JBS, Mastercard, Dankort, Danske Bank Online
3.2. We will take payment from your card at the time you place your order. We will contact you if we have any problems taking payment from the card details you provide during the order process. Taking payment does not mean we have accepted your order and, in the event of us not accepting your order, a full refund will be given as soon as reasonably possible (and in any event within 30 days of us advising you that your order has not been accepted).
3.3. Unless otherwise stated, all prices shown at SailXtremeShop.com are inclusive of VAT and other applicable taxes. The prices shown do not include the delivery fee, which will be added to your total order price in accordance with paragraph 3.5 below. All goods shown on Sailxtremeshop.com are duty paid for when entering the EU. All members of EU shall not add duty to the prices shown on Sailxtremeshop.com. If you live in a country outside EU duty may be added to your purchase by you national authorities. Sailxtremeshop.com does not cover this duty.
3.4. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by Sail Xtreme Shop.com at the time you place your order.
3.5. In most cases the delivery fee payable by you for your order will be that which is given by SailXtremeShop.com at the time you place your order. The delivery fee is calculated according to the weight, size, nature and value of your goods. For more details on the delivery fees see our delivery fee page. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
4. Pricing Errors
4.1. Whilst we try to ensure that all the prices on SailXtremeShop.com are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
4.2. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
4.3. If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
5. Delivery
5.1. The Track & Trace email will indicate an estimated delivery date for your goods.
5.2. You agree to check the Track & Trace e-mail and make sure that you will be available to accept delivery of the goods on the delivery date. If you will not be available please request a different delivery date as soon as possible and, in any event, no later than 48 hours before the planned delivery date. You can submit your request by contacting us here. Alternatively you can speak to an Sail Xtreme Shop.com advisor by calling +45 48 30 16 99.
5.3. If you wish to change your delivery date after this point we may charge a reasonable administration fee. We will inform you of the cost of the administration fee as soon as reasonably practicable, and you will have the option of reconfirming your order including the fee, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Delivery Advice email has been sent).
5.5. Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
»5.5.1. although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
»5.5.2. Please check that there is suitable access to the delivery address;
»5.5.3. If delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Delivery Advice email has been sent). If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery;
»5.5.4. On delivery, the delivery document must be signed by you to confirm that the delivery has taken place. This will not affect your legal right to notify us at a later date if you subsequently find a defect in your goods. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery;
»5.5.5. The delivery agents are not required to unpack or construct items as part of the delivery service;
»5.5.6. Once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction;
»5.5.7. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
5.6 Where delivery is being made by parcel courier, delivery will only be made to the point of entry of the delivery address.
5.7. On delivery you will be required to check the condition of the packaging and whether the correct number of packages has been delivered. If there is obvious damage or items are missing or incorrect, you should record this on the delivery document. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.
5.8. Nothing in paragraphs 5.5, 5.6 or 5.7 above affects your rights as a consumer
PART 3 - CANCELLING YOUR ORDER AND RETURNING GOODS
1. "Made to order" goods
Orders for goods that are produced to your specification cannot be cancelled after the Delivery Advice email has been sent. Once these goods have been delivered they can only be returned if the goods were misdescribed, or are not of satisfactory quality or reasonably fit for the purpose and we cannot remedy the fault to your reasonable satisfaction.
2. "Off the shelf" goods
2.1. You may cancel your order for all other goods at any time up until we accept your order in accordance with PART 2 of these Terms of Sale.
2.2. We also offer a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us. Please read our Returns Policy for more information about our 14 day return period, cancelling your order and returning the goods.
GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU
1. About Sailxtreme
1.1. Sailxtreme is a company registered in Denmark with its registered office at Nordre Havnevej 9, DK 3250 Gilleleje. Our VAT number is 14118004.
1.2. If you would like more information about SailXtreme, or want to get in touch with us, please contact us here. Alternatively you can speak to a SailXtremeShop.com advisor by calling +45 48 30 16 99.
2. Our Liability
2.1. Our entire liability to you under these Terms of Sale and Returns Policy shall not exceed the price paid for the goods you have purchased through SailXtremeShop.com, provided that we take reasonable care when we deliver the goods to you.
2.2. We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
2.3. Despite the limitations in paragraphs 2.1 and 2.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.
2.4. Where you buy as a consumer, these Terms of Sale and the Returns Policy will not affect your rights under law which cannot be otherwise excluded.
3. Events Beyond Our Reasonable Control
We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
4. Waiver
If you breach these Terms of Sale or the Returns Policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Sale or Returns Policy.
5. Invalidity
In the event that one or more of the terms set out in these Terms of Sale or in the Returns Policy is held to be invalid by a competent authority, the remaining terms shall continue to have effect and you will still be bound by them.
6. Privacy
Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.
7. Governing Law
This agreement is governed by Danish law Each of us agrees to bring legal actions relating to these Terms of Sale and the Returns Policy only in a Danish court.