This website belongs to and is operated by Calm Sailing a Trading Style of Trafalgar Bay Associates Ltd. Company registered in England and Wales (company registration number 06670395) whose registered office is at 71 South Furzeham Road, Brixham, Devon TQ5 8JF. Unless we say otherwise, we use the terms “CALM SAILING”, “Calm Sailing”, “we” and “us” on this Website to refer to Calm Sailing throughout the Website terms and conditions, which include our Website Terms, General Terms and Conditions of Sale, Legal Terms and Privacy & Cookie Policy (“Terms and Conditions”).
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of the CALM SAILING website at www.calmsailing.com (the “Website”) and to any products you purchase from CALM SAILING. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which CALM SAILING makes the Website available to you at home, on the move. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy and Cookie Policy govern your use of this Website.
YOUR USE OF THIS WEBSITE
You may only use this Website for lawful purposes, and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
USE OF THIS WEBSITE FROM OUTSIDE THE UK
Except where otherwise specified on this Website, the materials on this Website are solely for the purposes of promoting Calm Sailing’s products and services available in the UK. However Calm Sailing may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory, and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
OWNERSHIP OF RIGHTS
All rights, including copyright and other intellectual property rights, in and to this Website are belong to or are licensed to CALM SAILING.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, on the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.
You further agree to execute all such documents and do all such acts and things as we may require assigning any such rights to us and to waive any moral rights you acquire in or to the Website.
GUIDELINES FOR, PRODUCT REVIEWED AND QUESTION and ANSWER
Please read and understand the below before providing a posting, a product review or any other user generated content on our website or social media sites.
Ownership of Submissions
Other than personal data (which is subject to our Privacy and Cookie Policy) all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to CALM SAILING on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of CALM SAILING once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
Social networking sites
These Website Terms also govern any Submissions you make on any CALM SAILING related third party website or page such as our Facebook page, Twitter, Pinterest, YouTube, or social networking site. All comments, images, videos, and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of CALM SAILING or its employees and CALM SAILING is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these Website Terms and the third-party social networking sites’ Terms of Use, as applicable.
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute an assignment to CALM SAILING of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any CALM SAILING related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on CALM SAILING pages of third-party social networking sites is not the responsibility of or endorsed by CALM SAILING. All rights, including copyright on CALM SAILING Website pages belong to or are licensed to CALM SAILING. Any use of any CALM SAILING social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is refused without the permission of CALM SAILING. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks, or intellectual property of others.
Confidentiality
Any material you upload to our website will be non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site, or any CALM SAILING related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.
Please be polite and only write in English. If you require an immediate response from us or have a comment about our service, please contact us directly for a quicker response.
Submissions should not include:
abusive, offensive, or otherwise inappropriate language.
profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous, or discriminatory comments or content that might be harassment, abuse or threats against the personal safety or property of others.
comments about other reviewers or bloggers
remarks that repeat criminal accusations, false, defamatory, or misleading statements
material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses, or credit card numbers
spam or advertising.
third party brand names or trademarks
HTML code, computer script or website URLs
availability, price, promotions or alternative ordering or delivery information
information about CALM SAILING suppliers or manufacturers
an unsupported claim about the product producing an effect other than that described.
references to seasonal products which are no longer in season.
references to any products other than the product to which the Submission relates.
CALM SAILING, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.
Please let us know if you see any Submissions which do not comply with our rules.
Accuracy of content
To the extent permitted by applicable law, CALM SAILING refutes all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs, or values of CALM SAILING or any of its group companies.
Damage to your computer or other device.
CALM SAILING uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, CALM SAILING shall not be liable to any person for any loss or damage they suffer because of viruses or other malicious or harmful content that they access from or via the Website.
Links to other websites
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, CALM SAILING cannot accept any liability in respect of the use of these websites.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.calmsailing.com and any products you purchase from CALM SAILING in store.
WEBSITE PURCHASES
In respect of orders placed through the Website, these General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which CALM SAILING makes the Website available to you at home, on the move or any other location. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood, and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
OPENING AN ACCOUNT AND PLACING AN ORDER
To place an order, you can open an account with us which will require you to provide compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
Please see our Privacy and Cookie Policy for more information on how your personal information is used.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and always. You can update or correct your details at any time by going to Your Account.
When you create an account, we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. CALM SAILING shall not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If CALM SAILING is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.
When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information for us to process your order. We will not store the details that you provide via guest checkout (save for processing your order, or if you have opted in to receive marketing from us). However, you can choose to register an account with us after submitting your order. Please see our Privacy Policy to see how your personal information is used and stored.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), CALM SAILING has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, CALM SAILING has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that CALM SAILING shall incur no liability in such circumstances.
PAYMENT
During the checkout process, you will enter your payment details. Where you are using either credit or debit card, by completing your payment details you confirm that the credit or debit card is yours. All fields indicated as compulsory must be completed as requested. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy. Please be advised that where you select either Stripe pay or PayPal as a payment method, we will pass certain information to the relevant party (name, address, delivery address, email address, and phone number) so that they can process your application for (in the case of Stripe Pay) and provide the service. Once this information has been transmitted to the relevant party, CALM SAILING shall remain a data controller and that party shall also be a data controller in relation to that data. See the terms and conditions of Stripe pay, PayPal, Interest-free Credit and CALM SAILING including Privacy Policy of Stripe pay, PayPal, Interest-free Credit and CALM SAILING, for full details.
All card payments are subject to authorisation by your card issuer. We take full payment immediately for all orders except items paid for by Stripe pay and PayPal ‘Pay In 3’, in which case we take a single instalment upfront. For stripe pay, 25% of the total value shall be payable via Stripe pay immediately and the balance paid in three further equal instalments (please find full details on Stripe pay here) and PayPal ‘Pay In 3’ payments will be taken in three equal instalments, with the first instalment payable via PayPal immediately (please find full details on PayPal ‘Pay In 3’ here).
All products ordered will remain the property of CALM SAILING until we have delivered to the address specified by you. If your payment (whether full amount or the first or subsequent instalments in the case of items purchased by Stripe pay or PayPal ‘Pay In 3’) is not received and you have already received the products you ordered from us, you must pay for (in full) or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of your order having been cancelled by CALM SAILING, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
DELIVERY
Delivery (including delivery charges and timescales)
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. You will find full details of our delivery charges in the checkout area.
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. In particular:
Please see the individual product information pages for details.
This will be set out in the delivery charges area of the product.
Delivery will be to the UK or international address specified in your order. If no one is available at a residential or other address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour or returned to depot.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
In the UK, delivery charge refunds will be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for international deliveries. For further information about your statutory rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
International Delivery
Due to customs, legal, regulatory, and certain practical restrictions applicable to orders placed for international delivery, our products may not be available for delivery to certain destinations outside the UK. CALM SAILING reserves the right to define where and what can and cannot be delivered to which destination.
Payment – Purchases will be in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Calm Sailing products are all sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation, the customers are required to check these details before placing an order for international delivery.
Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
Delays
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
CHANGES TO YOUR ORDER
Any changes to your order must be transmitted to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (the current selling price on the day you amend your order will be the price you pay).
Changes
Calm Sailing reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
We will try to provide at least 30 days notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
Contact Us
If you have any questions about these Terms of Use, please contact us at
info@calmsailing.com