Terms & Conditions

This Agreement sets out the only terms of sale of Products and Services by sail27 to you.

In these Terms:

  • Customer, you or your means you, the customer of sail27.
  • We, us or our means sail27
  • Order means an order placed by you for Products or Services in store, through our Website, by phone, by email or such other means as we may permit from time to time.
  • Privacy Policy means our privacy policy, full details of which can be found on the Website
  • Product means the goods, products and parts thereof that we offer to supply, and all products, goods and parts thereof in connection with which we provide Services.
  • Services means the services that we offer or provide.
  • Shipping and Returns Policy means our shipping and returns policy, the full details of which can be found on the Website
  • T&Cs means these terms and conditions.
  • Warranty Policy means our warranty policy, the full details of which can be found on the Website.
  • Website means the website with the URL www.sail27sailing.com
  • A reference to “writing” or “written” includes e-mail.

These T&Cs constitute the entire agreement (Agreement) between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty whether made innocently or negligently, whether written or oral, made or given by or on behalf of us which is not set out in our Agreement. To the extent of any inconsistency, these T&Cs will prevail.

If any provision of these T&Cs including any provision in which we exclude or limit our liability to you are found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.

In responding to our promotion of goods and services or otherwise interacting with us in relation to any goods/services, and/or accepting any goods/services including as prizes and otherwise, you undertake and agree to observe and be bound by and comply with the T&Cs of the Agreement and all notices and regulations issued by us on the Website or elsewhere.

By placing an order with. or purchasing or obtaining any Product and/or Service from us, or responding to any promotion, advertising or any advertisement from us, you thereby agree that the T&Cs apply and form our Agreement with you.  The acceptance by us of your Order is subject to that agreement by you to these T&Cs.

If you place an order or with us or accept our Products or Services, these T&Cs apply and prevail over all other terms unless we prior agree to changes in writing with you.  Title to Products and withdrawal of our lien over goods is only made after payment in full for all Products and Services.

All supply by us, and orders by you, for any Product and/or Service including those placed through the Website, by phone, by email, in person or otherwise, are subject to the T&Cs, which T&Cs are deemed to be incorporated into all transactions between you and us, including any documentation relating to any transaction.

Our activities and supply to you are strictly conditional upon you accepting and agreeing to comply with the T&Cs as set out in this Agreement. You acknowledge and agree that the T&C’s prevail over all other terms, including your terms and conditions regardless of whether or not such terms and conditions are supplied by you at any time including subsequently.

No person other than you and us shall have any rights to enforce our agreement.  You may not assign or transfer your rights or obligations under our Agreement unless we prior agree in writing.

If we fail to insist that you perform any of your obligations under our Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may update, vary and amend these T&Cs from time to time without prior notice. Each time you order or otherwise purchase a Product or Service from us, the T&Cs in force at that time will apply as set out on our Website. The latest version of all our terms can be found on the Website.

Any variation of these T&Cs in any document of the customer or otherwise will not apply unless prior accepted in writing by a Director of sail27.

Important provisions

  • It is your sole responsibility to satisfy yourself that any Products or Services are correct and suitable for the purposes for which you want them.
  • If you order any customised Products or Services, the charges will be non-refundable.
  • Any promotional prices may also be subject to special terms which apply to that promotion, and which may prevail over the T&Cs in the event of conflict.
  • Prices may be subject to change, but we will endeavour to take reasonable steps to notify you before making price changes.
  • We can keep and hold a lien over any of your property until such time you pay us any monies owed by you to us.  However if you don’t pay us within three months you accept that we can sell your products and/or property to recover the balance of monies owed to us. Any monies raised through this process in excess of the balance owing to us, less our reasonable costs of recovery, will be returned to you by us.
  • We will replace or repair, to be determined at our sole discretion, any defective Product within the Warranty Period in accordance with the Warranty Policy as disclosed on our Website.
  • Unless we are required by law, the maximum liability we will ever have to you is the amount of money you have paid to us in relation to the particular Product or Service to which the liability relates.
  • These T&Cs do not affect your statutory rights.

Order

Your Order is an offer to purchase from us and it does not form an Agreement with us until we accept the Order in accordance with this clause at which time you accept the T&Cs. The contract between us is only created once we commit to supply you the Products or agree to provide the Services you ordered, and not before. You must pay in full for your Order before any title to Products passes from us or before our lien can be removed. An acknowledgement of your Order is not an acceptance of an Order.

Where you place an Order via our Website, phone, by email, your Order is accepted when we notify you that the Products are ready for dispatch or collection

For Products which are cut, made to measure, coloured or otherwise customised to your specification, we accept your Order seven days after the date of your Order or when we start to cut, make, mix, treat, colour or customise those Products, whichever is earlier.

For Services or Services comprising Product, we accept your Order when we confirm acceptance and readiness to provide the Services.

We may in our sole discretion choose not to accept your Order or cancel your Order in whole or in part for any reason and we will not be liable to you or to anyone else in any way or for any direct, indirect or consequential loss damage or costs should we refuse or cancel your Order.

If we do not accept your Order or cancel your Order whether in whole or in part, we will refund, within a reasonable time, any monies paid by you in connection with that Order or that part of the order that we do not accept or cancel.

You must be 16 or over to purchase Products or Services from us, or if you are not yet 16 please ask your parent to make the purchase.

Any information, data and images on our Website, in other publications, materials, media or otherwise, regarding performance, suitability, dimensions, weight, colour, capacity, suitability, specifications, technical information, particulars, appearance, measurements and particulars of Products, packaging and/or Services, and any drawings, photographs and illustrations:
(i) are included only for general information, are not intended to address any specific objective or function of yours, and does not constitute any form of advice or recommendation by us;
(ii) does not guarantee that the same will exactly reflect the physical Product or its packaging or end product of any Services; and
(iii) are not to be treated as being or as forming part of our Agreement.

You must ensure the accuracy and suitability of all Products, Services, materials and other factors, packaging and/or Services for your purposes. The Products provided and their packaging may vary from that information, data or images. If you are concerned about the precision of that information, data or images and whether it might meet your requirements, we recommend that you contact us prior to placing an Order as, once purchased, unless otherwise permitted by these T&Cs the Products are not returnable or refundable and Services are not refundable.

We do not make any representations in relation to any Products which are manufactured by third party suppliers and whose products we sell.

If an Order includes Products or Services in relation to which you provide us with measurements or other relevant data, you will ensure that these measurements and data are correct and accurate and that the Products or Services meet your needs as there is no right of return.

All Products are subject to availability.

Occasionally we find ourselves having to withdraw an item from sale, including because it has become obsolete, has been discontinued or is out of stock. If you Order Products which are not available from stock, or Services which rely on goods not available in stock, we may elect to order them from a supplier or build them as appropriate and take reasonable steps to deliver them to you.

If you have placed an Order for an item that has been withdrawn from sale for whatever reason, we will inform you as soon as possible and offer you an alternative if one is available or a refund, in our discretion, without liability to us.

Charges

Estimates and prices for Products and Services are in AUD (Australian Dollars) unless stated otherwise, and inclusive of Goods & Services Tax (GST).

Some Products and materials including those used in providing Services are sourced from third party suppliers. Any price quoted by us  or appearing on our Website subject to variation without notice, for example but not limited to in the event of an increase in GST rates, as a result of a third party price increase, increases in other business costs or plans or mispricing. However, if we intend to change a price from that given to you by us, we will let you know and give you an opportunity consider whether you wish to continue with your Order.

If we have mispriced any Product or Service then we will not be obliged to supply the Products or Services at the incorrect price or at all. We will at our discretion either cancel your Order and refund the price you have paid or endeavour to contact you and enquire whether you wish to continue with the Order at the correct price. If we are unable to contact you or you do not wish to continue with the Order at the correct price, we may cancel your Order or relevant part and refund the price you have paid.

From time to time, we may apply promotional prices to Products. Such prices are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you Order where applicable. We may update or cancel promotions at any time.

Any discounts offered on our Products and Services apply to our standard retail price, and do not apply in addition to any other discounts, including those which have been applied as part of a promotion.

Where we provide you with a quote it may be subject to additional terms and conditions applicable to that quote.

Payment

Payment of the full amount due on our invoice for Products must be made at the time that you place the Order unless otherwise agreed by us in writing. Payments can be made by most major credit or debit cards or bank transfer.

You must only use your own credit/debit card or account and not a credit/debit card or account of another person. You may be subject to validation checks and authorisation by the card issuer. If the issuer of the card or account refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery, nor are we not obliged to inform you of the reason for our refusal. You are responsible for all credit card and other charges.

Your credit card payment will be taken at the point of processing. If a problem in supply should occur or there is otherwise a need to refund you, your payment will be refunded as swiftly as possible. The refund may take a number of days to show as cleared funds on your account, depending on the payment provider.

You must advise us in writing, including detailed explanation, of any discrepancies and queries on invoices within 7 days of receipt, and use your best endeavours to resolve all disputes and queries within a further 7 days, failing which such invoice shall be deemed to be accepted and undisputed. Any disputed invoice shall not relieve you of any obligation to pay any other amounts that are undisputed.

Interest may be payable on any sums outstanding, at 10% over Commonwealth Bank of Australia’s Better Business Loan Variable base rate as published from time to time on their website www.cba.com.au and is calculated from the date of invoice.

You agree that we have the right to retain a boat, trailer, gear, goods, property and equipment and any other goods you have given to us until you pay us in full. If you don’t pay us within three months of a relevant due date we may sell the goods as listed above and will account to you for the difference between the amount owed to us and any costs of selling / additional administration charges and the amount for which the goods were sold.

We retain title to all Products until we have received payment in full of all sums due in connection with the supply of the Products to you or in connection with any other transaction. For these purposes we have only received a payment when the full amount is irrevocably credited to our bank account.

If any of the Products over which title is retained by us is attached to or incorporated into or mixed with other goods not owned by us and is not readily identifiable or separable without analysis or physical labour from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest in us and be retained by us for as long as and on the same terms as those on which we would have retained title to the Products in question, including the right to sell.

If you fail to make payment to us when due, enter in bankruptcy, liquidation or voluntary administration or some other composition or agreement with your creditors, have a receiver, manager or administrator appointed over all or part of your assets, or become insolvent, or if any of the aforesaid is threatened or if we have reasonable cause to believe that any of these events is likely to occur, we shall have the right without prejudice to any other remedies to enter without prior notice any premises where any of the Products owned by us may be, and to repossess and dispose of any such Products owned by us and goods on which Services have been provided so as to discharge any sums owed to us by you.

You undertake not to re-sell or part with possession of the Products and goods owned by us or over which we have a lien until you have paid in full all sums owed by you to us.

The Products including goods on which Services have been provided shall, once the risk has passed to you, be at and always remain at your risk unless and until we have retaken possession of such Products or goods.

If your delivery address is outside of Australia, you may be required to pay import duties, customs charges, and taxes. These and any additional charges are your responsibility, and you hereby indemnify us against all such charges.

Cancellations and returns

You must keep your proof of purchase for anything you buy from us and provide it to us if you return any Product.

We will not consider any requests without proof of purchase.

You may return the Product at your cost within 7 days from receipt of the goods, provided you notify us immediately that you wish to return the qualifying Product and that Product is returned immediately in its full undamaged packaging and is intact, unused, undamaged and in the same state as when it was sent to you. We will provide you a full refund within 14 days from the date the goods are received by us less any delivery and other costs.

We do not accept cancellation or returns from purchases at promotions or discount prices, unless we agree to do so in our sole discretion.

In the event we accept cancellation of the whole or any part of your Order, we will refund you within 21 days the price paid for the cancelled Order or part of the Order cancelled, less any delivery and other costs. We will not accept the return of any Products unless the packaging is intact and undamaged, and the Product has not been used or damaged.

We are entitled to make a deduction from or to refuse at our sole discretion your refund if the Products and/or packaging returned show signs of use or damage.

You may be required to produce a proof of identity and purchase when returning Products.

Faulty Products

On receipt of the Products you will immediately check that they match your Order and make a thorough inspection for any defects or missing parts. If they fail to match your Order or are defective or damaged you will notify us as promptly and in any event within 7 days of receipt by contacting us via email at enquiries@sail27sailing.com. Claims may be reduced or rejected if not notified within the 14 days.

It will be our decision in our sole discretion as to whether we repair or replace any such defect or faulty Product or Service within a reasonable time. Where Products are to be returned to us we will arrange this with you and you will cooperate fully.

Limitation of liability

You will not make any claim for and we accept no liability for any loss, damage, costs or expenses including legal costs of any kind including indirect, special, economic or consequential loss or damages, or for any direct or indirect loss of profits, revenue, contracts, business, data, business opportunity,failure to realise anticipated savings, costs, or any other loss whatsoever,
whether based on breach of contract, tort including negligence, non-performance or otherwise whether or not the relevant party has been advised of the possibility of such damage.

 

Nothing in these T&Cs shall exclude or limit our liability for:
(i) death or personal injury resulting from our gross negligence or fraud;
(ii) death caused by a defective Product; or
(iii) fraud or fraudulent misrepresentation.

You agree and acknowledge that:
(i) we will not be liable to you for any loss or damage caused by us or our employees, agents, related companies or sub-contractors in circumstances where:
a. there is no breach of a legal duty of care owed to you by us or its employees, agents, related companies, or sub-contractors; or
b. such loss or damage is not a reasonably foreseeable result of any such breach; or
c. in respect of any increase in the loss or damage resulting from your actions or omissions.

The maximum liability that we shall owe to you and any third party for any breach of any warranty or of these T&Cs, or for all and any:
(i) loss, damage, costs or expenses including legal costs of any kind,
(ii) indirect, special, economic or consequential loss or damages which terms include, without limitation, economic loss, loss of profits, loss of business, loss of bargain, depletion of goodwill and like loss) howsoever caused,
(iii) for any inconvenience or loss caused to any party because of cancellation or termination under these terms,
(iv) for any breach, default, damage or loss which you may incur suffer or sustain as a result of any act or omission by any third party supplier, and
(v) if we are prevented from, or delayed in performing, our obligations under the terms of this Agreement, or otherwise
is the amount of any moneys paid to us for the Products/Services the subject of the claim..

We accept no liability for work, installation or maintenance provided by any third person. Nevertheless, you will notify us and provide details of any fault, failure and complaint, so that we may in our sole discretion discuss the matter with the supplier and consider issues of quality of supply.

The Products and goods in relation to which Services are provided are designed and intended for use in the Australia and we do not confirm that the Products and Services comply with any laws, regulations or other standards applicable outside the Australia. All Resale Products are sold in accordance with manufacturer’s specifications and are subject to any qualifications or instructions contained in the documentation associated with the relevant Product.

Our Website may contain information and materials created and submitted by third parties, and we exclude all liability relating thereto, including for all direct and indirect losses, costs and damages arising from any error, omission or inaccuracy in any such information and material.

Our rights to cancel

We may cancel our Agreement with you at our sole discretion for any reason prior to performance in full; we will notify you. Any cancellation is without any liability to you.

Our agreement to provide Products or Services will be cancelled automatically unless we in our sole discretion decide otherwise if you become unable or to pay your debts when they fall due or proceedings are or we reasonably consider that they may be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.

Upon cancellation, you will be immediately liable to pay in respect of Products supplied or services performed, or bespoke Products prepared, and we retain a lien over the same. We shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our Agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.

Events beyond our control

Notwithstanding anything contained in this Agreement, if we are not able to perform our Agreement for reason beyond our control including war, invasion, act of foreign enemy hostilities whether war be declared or not, civil war or strife, rebellion, lockouts, fire, flood, storm, transportation issues, industrial disputes, epidemic, pandemic, financial disaster, technical failure, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of governments or other prevailing authorities, inability to obtain goods form a supplier, then such non-performance shall not be a breach of our Agreement or create any liability. The Agreement will stay in abeyance until we can perform our Agreement, or we may elect to terminate our Agreement.

Your information

In the course of our dealings with you we will collect and process personal information about you, including to administer and process your Order, and to provide the Products and Services. Further information on the manner in which we process personal information is set out in our Privacy Policy, a copy of which is shown on our Website.

To process your order efficiently, reputable third-party banking and distribution institutions handle the credit and debit card transactions and order fulfilment. They receive the information needed to verify and authorise your payment card and to process your order. These organisations are under strict legal and contractual obligations to keep your personal information private.

Contacting us and you 

Any formal legal notices should be sent to enquiries@sail27.com.

If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post using the address and other details you provide to us in your Order.

Complaints, Disputes and Governing Law

Our Agreement is governed by the laws of Queensland, Australia and you agree that the Courts of Queensland shall have exclusive jurisdiction over any dispute between us arising out of or in connection with our Agreement including non-contractual disputes or claims.

If you wish to make a complaint or a dispute, you should file it with us in accordance with our complaint’s procedure described above.

You agree that you will file any complaint or dispute using our complaints procedure before any other course of action is followed and that this is a fundamental term of the Agreement and that failure to do so will void any other action or claim. We will endeavour to keep you informed either by phone or email at each stage of the complaints handling process and will endeavour to fully resolve your complaint as soon as possible.

In the event that there is any complaint, or any dispute under or in relation to our Agreement or under or in relation to an Order, the Parties, or their nominees, shall as soon as reasonably practicable commence good faith negotiations to resolve the dispute or disagreement. Should such good faith negotiations not resolve the complaint or dispute or disagreement within twenty eight days of commencement of the negotiations, the dispute or disagreement shall immediately be referred to the vested with authority to settle the disagreement, for their attempted resolution at a meeting at our premises and the Parties will attempt in good faith to resolve the dispute. The meeting will be held promptly at our request at a time reasonably proposed and both parties will fully explain all reasons and facts relating to their position and use their best endeavours to resolve the dispute.