Terms & Conditions

  1. Scope and Definitions

    1. These General Terms and Conditions (the "Terms") will apply when you access Performance Sailing Shop(the "Website") or place orders to purchase any of the goods on the Website. Any reference to "we"/“us”/"our" in these Terms is a reference to Performance Sailing Shop [located at Unit 1 Haslar Marina, Haslar Road, Gosport, PO12 1NU, UK] and any reference to "you"/"your" means you, the user of the Website.
    2. Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering goods from the Website, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference.
    3. These Terms are only available in the English language.

  2. Our Contract

    1. Your order constitutes an offer to us to buy the goods you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.
    2. Purchases made on the Website are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by any one customer or to any one postal address.

  3. The Order Process

    1. You may select items from our range of goods, details of which will be added to the "Shopping Basket" by clicking on the "Add to Shopping Basket" button. By clicking on the "Proceed to Checkout" button, you initiate the checkout process for the goods added to the Shopping Basket. By clicking on the "Continue" button you submit an offer to buy the goods in the Shopping Basket. As soon as this offer is accepted by us in the way specified in subsection (4) below, your order forms a binding contract of sale between you and us.
    2. Before placing an order you can view and amend your order details at any time by clicking on the “Shopping Basket & Checkout” button.
    3. You will automatically be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order; it merely records the fact that we have received the order.
    4. Every effort is made to ensure that prices and stock figures are correct on the website, however where they are incorrect then no contract of sale will be concluded.

  4. Registering for a Personal Account

    1. To make it easier for you to order goods using the Website, we offer you the opportunity to register for a personal account. Any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
    2. To register, you must supply us via the online registration form with the following information: your name, surname, address, e-mail address and, where applicable, different delivery address. Once you click on the "Register" button, this information will be stored in our customer database. We will only use the stored data in accordance with our Privacy Policy, which can be accessed here.
    3. After registering for a personal account, you will be automatically sent an e-mail that your account has been created. Your e-mail address will act as the user ID for your account. During the registration process you will be asked to create your own password. You will be given the opportunity to change the password when you log in to your account. You must keep your user ID and password confidential at all times and not make them available to any unauthorised third party. You will be responsible for any misuse of your user ID and password.

  5. Delivery Times, Availability of Goods

    1. We will notify you of the estimated delivery time for your goods in the Acceptance E-Mail. This delivery date will usually be the next working day delivery. It may take slightly longer to deliver goods to very remote areas. We only deliver to UK addresses.
    2. Whilst we will do our best to deliver your goods within the expected timeframe from sending you the Acceptance E-Mail, sometimes it may take longer than expected. You accept that on occasion, it may take us more than 30 days to deliver your goods and we thank you for your patience should this occur. If you change your mind in the meantime, you have the right to cancel your order in accordance with paragraph 9.
    3. In the event that we are unable to meet the original delivery time stated in the Acceptance E-Mail, we will notify you of this as soon as possible and at the same time specify a new estimated delivery time.
    4. Where you have ordered multiple goods, we may sometimes need to deliver your goods in more than one delivery. If more than one delivery will be required, we will always inform you beforehand.
    5. If for any reason the goods ordered by you are not available at the time you place your order, we will notify you of this by e-mail. Our acceptance of your order in the Acceptance E-Mail is limited to the goods that are available. No contract of sale will be concluded in respect of goods that are not available.
    6. As soon as the goods are delivered to you, they become your responsibility.

  6. Prices and Delivery Charges

    1. All of the prices listed on the Website include the currently applicable statutory value-added tax.
    2. Discount Codes are not valid for products that are also on sale unless specified.
    3. The prices shown on the Website do not include delivery charges. Our delivery charges are as follows:

      UK Deliveries
      £5.95 standard delivery (3-5 days)
      £10 next day delivery for orders under £100
      All UK orders over £100 - postage and packing is FREE
      All confirmed orders received before 12noon Monday to Friday will be dispatched the same day. Please allow additional time for more remote areas.

    4. Orders to the following postcodes will require a surcharge of £17.50 due to the remote location.
      AB37 - AB56, CA18 - CA27, GY9, HS1 - HS9, HS54 - HS58, IV7 - IV56, KA27 - KA28, KW1 - KW17, LA15 - LA23, PA20 - PA78, PH17 - PH50, TR21 - TR25, ZE1 - ZE3

  7. Payment, Default in Payment

    1. Payment for your goods must be made via credit or debit card as specified at the point of payment.
    2. The full payment price will be debited from your card upon order confirmation.
    3. You confirm that the credit or debit card that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

  8. 30 Day Returns Guarantee

    1. If for any reason you are unhappy with your goods, you have the right to return them within 30 days of your order being delivered to you and receive a refund for the goods you ordered provided the goods are returned in their original condition, have not been damaged, washed, altered or excessively worn and include the original packaging and any related accessories or instruction books.
    2. If your items are damaged or faulty when you receive your order you can return them to Performance Sailing Shop within 30 days of receiving your order. Please use our returns form enclosed with your order or available online and specify if you need a replacement item or a refund.
    3. In the UK (mainland) and Northern Ireland where goods are being returned as unwanted or for exchanges the customer is liable for the return postage cost.
    4. We will provide you with a refund to the card used when placing your order within 30 days of us receiving the goods in accordance with paragraph 8(1). We will then send you an e-mail confirming that this refund has been made.
    5. Performance Sailing Shop is under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 8(1) (not withstanding your statutory rights set out in paragraph 10). Goods that are not accepted by us will be returned to you.
    6. When returning unwanted goods you will be issued with a refund excluding any postage charges paid.

  9. Faulty Goods

    1. If your goods are faulty please contact us as soon as possible at info@performancesailingshop.com or call us on +44 (239) 2522 044. We ask you to return the faulty goods to us and will then provide you with replacement goods where available, or alternatively give you a full refund for those goods (including delivery charges).

  10. Statutory Rights

    1. In addition to your 28 Days Return Guarantee, set out in paragraph 8 above, you have a statutory right to cancel your order and receive a full refund on the goods provided you notify us in writing that you are exercising this right of cancellation no later than seven working days beginning the day after you received your goods. The written cancellation notice should be sent to the following e-mail address: info@performancesailingshop.com.
    2. We will provide you with a refund within 30 days of receiving your notice of cancellation. We ask you to take care of the goods whilst they are in your possession and return them to us at the address given in paragraph 8(1) as soon as reasonably possible after cancelling your order.
    3. Please note that if you fail to take reasonable care of the goods, or fail to return the goods to us, we will be entitled to make a claim against you for any losses which we suffer as a result. We may also decide to ban you from using the Website in the future.
    4. If we have not received the goods from you within a reasonable time following cancellation, we reserve the right to send a courier to collect the goods from the address to which they were delivered and charge you for the costs we incur in doing so.

  11. Your Personal Data

    1. The personal information that you provide to us whilst using the Website is very important to us and we will only collect and use it in accordance with our Privacy Policy, which can be accessed here.

  12. Liability

    1. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
    2. We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us.
    3. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
    4. We do not:
      1. Accept any liability for damage to your computer system or loss of data that results from your use of the Website;
      2. Guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or
      3. Guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).
    5. When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
    6. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.

  13. Copyright and Other Intellectual Property Rights

    1. Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
    2. We provide the Website to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose without our expressed written permission.

  14. Final Provisions

    1. We reserve the right to change or update these Terms from time to time.
    2. These Terms will be governed by and construed in accordance with the laws of England and any disputes that may arise shall be subject to the non-exclusive jurisdiction of the English courts.
    3. If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.
    4. Please let us know if you have any questions or complaints regarding the Website. You can contact us by e-mailing info@performancesailingshop.com or writing to us at the address provided at the top of these Terms.