Terms of Use
Welcome to Sails Marine, LLC. Sails Marine, LLC and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Sails Marine, LLC you accept these conditions. Please read them carefully.
The following is legally binding agreement between you and Sails Marine, LLC.
Limitations of Liability
By placing an order, you agree that Sails Marine, LLC maximum liability for the products
sold on this website is limited to its purchase price only. In no circumstances
is Sails Marine, LLC or any of their representatives liable for special, indirect,
consequential, or punitive damages related to products sold.
By using this site, or ordering from it, you acknowledge that you have read,
understood, and agreed to our terms and policies. All product names, trademarks,
and registered trademarks are the property of their respective owners. Any use
of copyrighted material or trademarks on this site should not be viewed as a
challenge to those copyrights or trademarks.
Privacy Statement
Click here to review the Sails Marine, LLC Privacy Statement.
Electronic Communications
When you visit Sails Marine, LLC or send messages to us, you are communicating with us
electronically. You consent to receive communications from us electronically. You consent to send communications to us electronically as opposed over the phone. We
will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.
Language
Sails Marine, LLC is commited to excellence in everything it does, including courteous businesslike communication and expects basic polite manners from its customers.
We will work with you on every issue or concern should they arise. Sails Marine, LLC has zero tolerance policy to customers with no manners and reserves rights at its own discretion to block access to the site, deny service and communication to those, using inappropriate, threatening, rude, offensive, obscene or vulgar language or sending excessive emails.
Copyright
All content included on this site, such as text, images, graphics, logos, icons,
audio clips, digital downloads, data compilations, and software, is the property
of Sails Marine, LLC, its suppliers or its associates, and is protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of Sails Marine, LLC and protected by U.S. and
international copyright laws. All software used on this site is the property of
Sails Marine, LLC or its software suppliers and protected by United States and
international copyright laws.
License and Site Access
Sails Marine, LLC grants you a limited license to access and make personal use of this
site. You may not download or modify it, or any portion of it, except with
express written consent of Sails Marine, LLC. This license does not include, allow for
or permit any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, images, text or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Sails Marine, LLC. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Sails Marine, LLC without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing Sails Marine, LLC's name or trademarks without the express written consent
of Sails Marine, LLC. Any unauthorized use terminates the permission or license
granted by Sails Marine, LLC. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the Sails Marine, LLC site so long as the link does not
portray Sails Marine, LLC, their suppliers, friends, and customers, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Sails Marine, LLC logo or other proprietary graphic or trademark
as part of the link without express written permission.
Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. Sails Marine, LLC reserves the right at any time after receipt of your order
to accept or decline your order for any reason. We may require additional
verifications or information before accepting any order.
Content Linked to by Sails Marine, LLC
The sites displayed and linked to by Sails Marine, LLC are developed by people over
whom Sails Marine, LLC exercises no control. We cannot guarantee that a link from
Sails Marine, LLC will not locate unintended or objectionable content and assume no
responsibility for the content or privacy policy of any site included in any
search results or otherwise linked to by Sails Marine, LLC.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. Sails Marine, LLC does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
Sails Marine, LLC only with involvement of a parent or guardian. Sails Marine, LLC reserves
the right to refuse service, block access to the site, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from Sails Marine, LLC are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to a buyer upon our delivery to the carrier.
Sails Marine, LLC is not responsible for lost or stolen orders upon our delivery to the carrier.
Sails Marine, LLC is not responsible for any non-delivery claims if official online tracking service indicates delivery.
Sails Marine, LLC uses trackable online delivery services for all domestic and international orders.
Product Descriptions
Sails Marine, LLC attempts to be as accurate as possible. However, Sails Marine, LLC does
not warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Sails Marine, LLC
itself is not as described, your sole remedy is to return it in unused
condition.
Product Compatibility
Sails Marine, LLC does not consult, comment, research or guarantee products compatibility with the other products nor does it guarantee products fitness for a particular purpose.
Pricing
Except where noted otherwise, the List Price displayed for products on
Sails Marine, LLC represents the full retail price listed on the product itself,
suggested by the manufacturer or supplier, or estimated in accordance with
standard industry practice; or the estimated retail value for a comparably
featured item offered elsewhere. The List Price is a comparative price estimate
and may or may not represent the prevailing price in every area on any
particular day. For certain items that are offered as a set, the List Price may
represent "open-stock" prices, which means the aggregate of the manufacturer's
estimated or suggested retail price for each of the items included in the set.
Sails Marine, LLC shall have the right to refuse or cancel any orders placed for
products listed at an incorrect price, shipping cost, rebate or refund, or
containing any other incorrect information or typographical errors. Sails Marine, LLC
shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, Sails Marine, LLC
shall immediately issue a credit to your credit card account in the amount of
the charge.
SAILS MARINE, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES FOR PRODUCTS
SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO
YOU.
Sails Marine, LLC does not offer price protection at this time.
Local Taxes and Customs Charges
Local taxes and customs charges, if applicable, are not covered by Sails Marine, LLC.
Buyers cover any additional local charges, imposed by the carrier or customs.
Exchanges, Returns and Refunds
Exchanges are processed as returns and reorders only.
All returns require a Return Merchandise Authorization (RMA) number prior to shipping the
item for return.
Customer covers shipping cost for return regardless of the reason.
All returns must be shipped exactly to an address, provided with RMA, which is intended for returns. These addresses always have RMA number in them.
Failure to send return to an address, provided with RMA results in 20% fee regardless of the reasons for return.
Example: return sent to a corporate address instead of provided RMA address results in 20% fee.
All return authorizations, unless used, expire 15 days after they are issued.
Items returned without an RMA number or in unacceptable condition cannot be
refunded. You may request RMA by following Customer Service link at the top of each page.
You may return or exchange most new, unopened items within 20 days of the purchase date for refund or exchange.
For items that are defective, the full purchase price will be refunded.
Non-defective items will be provided a full refund less 20% restocking fee and
shipping costs.
Items that have been used, have opened or defaced packaging, missing parts,
missing warranty cards or manuals, missing UPC/barcodes, serial numbers not
matching original ones or in a condition that would not be acceptable for resale
will either be refused or subject to an additional restocking fee.
Customers who refuse shipment or provide inaccurate adddress, resulting in return, are liable for a 20% restocking fee along with the
shipping costs of the order.
Failure to notify Sails Marine, LLC of product shipping damage within 3 days of receipt voids all shipping damage claims.
Failure to notify Sails Marine, LLC of product defect within 5 days of receipt voids all product quality claims.
The following items can not be returned to
Sails Marine, LLC for any reason except damage in transit: GPS Units, Fish Finders, Chart Plotters, Software,
GPS Charts / Software, GPS Data Cards, GPS Maps, Trim Tabs, Cameras, Camcorders, Optical Equipment. All potentially defective
product claims should be directed to the manufacturer or warranty provider for evaluation and support.
SAILS MARINE, LLC WILL NOT ACCEPT RETURNS OF ANY ITEMS, STATED AS NON-RETUNABLE AT CHECKOUT AND IN THE ORDER CONFIRMATION.
EXAMPLE: DATA CARDS, ELECTRONIC AND GPS MAPS INCOMPATIBLE WITH INTENDED UNITS ARE NOT RETURNABLE.
Refunds are issued after receipt and verification of qualified returns and may take up to 14 days.
Shipping Errors
On the event of wrong item or wrong quantity being sent to the customer, the customer agrees to send wrong product or excess of quantity back to Sails Marine, LLC within 7 days. Wrong item(s) must be returned before exchange or refund is issued.
The rules for returns caused by the shipping error are the same as outlined in section "Exchanges, Returns and Refunds". Cost of return may be negotiated and covered by Sails Marine, LLC in case of shipping error.
Shipping Address Errors
If the customer provides incorrect or incomplete shipping address for the order, Sails Marine, LLC bears no responsibility and has no liability for possible non-delivery of that order. If the order with incorrect or incomplete shipping address comes back to Sails Marine, LLC, refund is issued to the customer less shipping, handling and 20% restocking fee.
Order Cancellation Before Shipment
Order can only be cancelled within 36 hours from the time of its placement unless it has been shipped. En-route orders may be returned but cannot be cancelled.
If the order is canceled before it is shipped, full credit is issued less 5% of the order total or $9 whichever is less to cover credit card fees.
The same 5% fee applies to orders, refunded due to invalid billing address.
Order Alterations
Order alterations may be requested by the customer via email before order is shipped. Sails Marine, LLC accepts or declines such requests at it sole discretion.
NO ORDER ALTERATIONS ARE ALLOWED FOR ALREADY SHIPPED ORDERS.
Unjustified Credit Card Chargebacks
If you as a card holder did not authorize the purchase, we will work with you and your credit card issuer to ensure the situation is resolved properly.
However we will charge a $35 penalty fee for every unjustified credit card chargeback against our company - as well as all attempted chargebacks that we are able to reverse by
defending our case. We will also report all unjustified chargebacks to ChargeBackProtection.org, thereby banning you from placing orders with any business that uses
ChargeBackProtection.org.
Examples of unjustified chargebacks are: when any customer issues an unjustified or proved misleading complaint, a customer starts an unwarranted dispute with his
credit card company, a customer disputes legitimate charge in error, a customer refuses to pay, a customer ships the product without going through the RMA process and starts a dispute, a customer disregards any of our
site policies after agreeing to them, a customer initiates a chargeback when they have already been refunded, and etc. In the event that a chargeback is placed on a
purchase, we reserve the right to report the incident for inclusion in a chargeback abuser database. The information reported will include full name, email, order date, order
amount, IP address, full address and phone number.
Local Pickups
No local pickups are offered at this time.
Over the Phone Orders
All orders must be placed online. No over the phone orders are accepted at this time.
Shipping
Sails Marine, LLC makes every effort to ship orders as soon as possible. At the same time, Sails Marine, LLC does not promise or guarantee immediate shipping, nor does it advise or guarantee delivery by specific date. In no cases does Sails Marine, LLC compensate for late orders delivery.
Sails Marine, LLC reserves rights to use shipping methods and carriers different from the ones selected at the checkout, which provide the same or better delivery timeline.
Damaged Shipments
Sails Marine, LLC makes sure to package each order as well as possible to prevent any
damages occurring during transport. Unfortunately, there will be the occasional
damaged item.
When shipping damage occurs please make sure that you do not dispose of the
original shipping container or any of the packing material. If the original box
and packaging materials are not provided, we will not be able to file a claim
for your product and you would not be able to get your item replaced. Please
pack the damaged item as you received it and contact us immediately via
“Customer Service” link found at the top of each page. Once confirmed, we will
be able to ship out your replacement.
Order Delivery Issues
You agree to cooperate with every shipping carrier to accomodate order delivery. If for any reason the shipping carrier is unable to leave the order at your shipping address, you agree to work with that carrier on its terms, such as your presense of addresse onsite or your order pick-up at that carrier local office.
Failure to claim order, held by the carrier office is qualified and treated as order refusal.
Order Shipment Refusal
All refused orders are refunded full order amount less 20% restocking fee and shipping cost.
Refunds are issued after receipt and verification of refused order and may take up to 14 days.
Indemnification
You agree to indemnify and hold harmless Sails Marine, LLC and its parents, sister
companies, subsidiaries, affiliates, service providers, other End Users,
distributors, licensors, officers, directors and employees from any claim or
demand, including reasonable attorneys' fees, made by any third party arising
out of or related to your violation of this Terms of Use, or your violation of
any law, regulation or third-party right.
Disclaimer of Warranties and Limitation of Liability
You represent, warrant and covenant that: You are at least eighteen years of age
and have the full right and authority to enter into this License on behalf of
you and/or your company, employer or principal, and you do not reside in any
country to which export of US products are prohibited or restricted and you may
not ship, transfer or export any of the products into any country or use any of
the products in any manner prohibited by any laws, restrictions or regulations.
SAILS MARINE, LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SAILS MARINE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, ADVICE CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON AND SOLD ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAILS MARINE, LLC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ITS
PRODUCTS, SERVICES AND INFORMATION. SAILS MARINE, LLC DOES NOT WARRANT THAT
THIS SITE, IT’S SERVERS, ITS DOWNLOADS, OR E-MAIL SENT FROM SAILS MARINE, LLC
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL SAILS MARINE, LLC, ITS PARENT COMPANIES, ITS SUBSIDIARIES,
ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURES, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS,
ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS FEES
OR ANY DIRECT, INDIRECT, SPECIAL PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
(OR ANY KIND OF DAMAGES WHATSOEVER).
THIS APPLIES EVEN IF SAILS MARINE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY;
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, MERCHANDISE,
AND MATERIALS AVAILABLE FROM THE SAILS MARINE, LLC WEB SITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR
USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SAILS MARINE, LLC WEB SITE, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR
TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR
UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT SAILS MARINE, LLC IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, SAILS MARINE, LLC LIABILITY SHALL BE LIMITED TO THE REPLACEMENT OR REFUND FOR ANY
PRODUCT OR SERVICE PURCHASED FROM US AND THE REPLACEMENT OR REFUND FOR PRODUCT WILL BE MADE AFTER THE RETURN OF THE PRODUCT TO SAILS MARINE, LLC.
SAILS MARINE, LLC SHALL BE INDEMNIFIED AND
HELD HARMLESS AGAINST CLAIMS, DAMAGES, LOSSES, INJURIES OR ILLNESSES ARISING OUT
OF THE USE OR MISUSE OF THE SITE AND ADVICE OR INFORMATION.
Jurisdiction
This Agreement, its validity and effect, shall be solely interpreted, and
governed by, the laws of the State of Connecticut, United States. Any claims
shall be brought solely in the Federal District Court of the District of
Connecticut and you expressly consent to the exclusive jurisdiction of the
federal courts of the State of Connecticut, United States. You consent to the
service of any required notice or process upon you by registered mail or
overnight courier with proof of delivery. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue in full force
and effect.
Legal Fees
You agree to reimburse Sails Marine, LLC for its legal fees, costs and disbursements
if Sails Marine, LLC is successful in enforcing any of its rights under this Agreement
including, without limitation, in connection with any action to collect payment.
Miscellaneous Provisions
These Conditions of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Sails Marine, LLC.