Terms and Conditions
Terms and Conditions
1. About us
Sails.Online is a trading name of Kraken Sails Pty Ltd (ABN 40 679 602 512), 93 W Fyans St, Newtown VIC 3220, Australia. In these terms, "we", "us" and "our" mean Kraken Sails Pty Ltd trading as Sails.Online, and "you" means the person or business placing an order or using this website.
These terms apply to every order placed on sails.online and to your use of the website. By placing an order, you agree to them. Please also read our Shipping Policy, Returns & Refunds, Warranty and Privacy Policy, which form part of these terms.
2. Your rights under consumer law
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded. If you're outside Australia, you may also have rights under the consumer laws of your own country, and nothing in these terms takes those away.
3. Our sails are made to order
Every sail is built to order for your boat. Product photos are for illustration: cloth colour, logos, panel layout and hardware may vary slightly from what's pictured. Where a product page says a sail is built to a class rule, we build it to the current version of that rule as published by the class association at the time we design your sail.
4. Your measurements and specifications
For many sails, especially cruising sails, we build to the measurements and details you give us. You are responsible for making sure they're accurate. We'll check your measurements against our rig data and query anything that looks unusual, and if you're unsure we'll help you measure. But if a sail doesn't fit because the measurements or details you supplied were wrong, that isn't a defect, and any changes or a replacement will be at your cost.
If a sail doesn't fit because we made a mistake (for example, we built it to the wrong size or ignored information you gave us), we'll fix it at our cost.
5. Orders
Your order is an offer to buy. A contract is formed when we confirm your order by email. We may decline or cancel an order before it goes into production, for example if a product was listed at the wrong price, a sail can't be built to the specifications given, or we suspect fraud. If we do, we'll refund anything you've paid in full.
6. Prices and payment
Prices are shown and charged in Australian dollars (AUD) for delivery to Australia, and in US dollars (USD) for delivery to all other countries. The currency is set by your delivery address, so prices update at checkout if you change it. For delivery within Australia, the price you pay includes GST. Orders delivered outside Australia are export sales and are GST-free. Shipping costs, including the duty-prepaid charge for United States orders, are shown at checkout before you pay. The total shown at checkout is the total you pay us.
Payment is due in full at checkout. We accept payment through Stripe (including Link), and Klarna is available for Australian orders. If you choose Klarna, your payment arrangement is with Klarna and is subject to Klarna's own terms. If your card is in a different currency from the one you're charged in, your bank or card provider sets the exchange rate and any conversion fees.
If we've made an obvious pricing error on the website, we're not required to supply the sail at that price. We'll contact you and you can choose to proceed at the correct price or cancel for a full refund.
7. Build and delivery times
Our standard build time is typically three to four weeks from order confirmation to dispatch, plus shipping time. Where a product offers a choice of build time, you can instead choose an express build (about two weeks, for an extra charge) or an economy build (about eight weeks, at a lower price). Any extra charge or saving is shown before you pay, and the build time you chose appears in your cart and on your order confirmation. Build and delivery times are estimates, not guarantees, and can be longer in busy periods or because of things outside our control, such as freight or customs delays. If you need a sail by a particular date, tell us before you order and we'll confirm in writing whether we can meet it.
8. Changes and cancellations
Because each sail is made for you, the cost of cancelling depends on how far your order has progressed:
- Before design work starts: you can cancel and get a full refund.
- After design work has started, but before cloth is cut: you can cancel, and we'll refund what you've paid less the reasonable design and administration costs we've already incurred. We'll tell you the amount before we process the refund.
- Once cloth has been cut: your sail is in production and can't be cancelled for a change of mind.
You can ask to change your order's specifications at any time before cloth is cut. If the change affects the price or build time, we'll confirm this with you before going ahead. Your customer portal shows where your sail is in the build.
This doesn't affect your rights if a sail is faulty or not what you ordered. See Returns & Refunds.
9. Shipping, risk and ownership
We ship to most countries. Details are in our Shipping Policy. Risk of loss or damage passes to you when your sail is delivered to the address you gave us. Ownership passes to you once we've received payment in full.
United States: we ship Delivered Duty Paid. A duty-prepaid charge of 15% of your order value is included in the shipping cost shown at checkout, and we pay the US import duties and customs clearance, so there's nothing more to pay on delivery.
Other countries outside Australia: import duties, taxes and customs fees charged by your country are your responsibility and are not included in our prices or shipping charges unless we've said so in writing.
Please check your sail when it arrives and let us know as soon as possible, ideally within 7 days, if it's damaged or not what you ordered, so we can take it up with the carrier quickly.
10. Returns, refunds and warranty
We don't accept returns for change of mind on made-to-order sails. If your sail is faulty, damaged in transit or not what you ordered, we'll put it right. See Returns & Refunds and our 12-month Warranty.
11. Class rules and measurement
We build class sails to the relevant class rule, but measurement and certification of a sail, and whether it is legal for a particular event, are the responsibility of the boat owner. If a sail fails official measurement because we didn't build it to the class rule that applied when we designed it, we'll correct or replace it at our cost.
12. Using your sail
Sails are wear items. How long a sail lasts depends on how, where and how often it's used, and how it's stored. Product descriptions about performance and lifespan are a guide only. Please use your sail within its intended purpose and wind range, and follow the care advice we give you.
13. Our liability
To the extent the law allows, and subject always to section 2:
- if you're a consumer and the sail is not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited to repairing or replacing the sail, or paying the cost of doing so, unless it isn't fair or reasonable for us to rely on this limit
- we're not liable for loss that isn't reasonably foreseeable, or for loss caused by things outside our control, by your failure to follow our instructions, or by inaccurate information you supplied
- if you're buying for business purposes, we're not liable for indirect or consequential loss such as lost profits, lost charter income or missed events
Nothing in this section limits liability for loss caused by our negligence where that can't legally be limited.
14. Intellectual property
All content on this website, including text, images, logos and sail designs, belongs to us or our licensors. You may not copy or use it for commercial purposes without our written permission. Sail design files and cutting data remain our property.
15. Using this website
We try to keep the website accurate and available, but we don't promise it will be error-free or uninterrupted. You must not use the website for any unlawful purpose or try to interfere with how it works. Links to other websites are provided for convenience; we're not responsible for their content.
16. Privacy
We handle your personal information as set out in our Privacy Policy.
17. Governing law
These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria. If you're a consumer outside Australia, you may also be able to bring a claim in your own country.
18. Changes to these terms
We may update these terms from time to time. The version on this page when you place your order is the one that applies to that order.
19. Contact us
Kraken Sails Pty Ltd trading as Sails.Online
93 W Fyans St, Newtown VIC 3220, Australia
Email: hello@sails.online