Terms of service

Wind N Sails LLC d/b/a wind 'n' sails

These Terms of Service ("Terms") govern your access to and use of
windnsails.com and any related websites, features, content, and
services operated by Wind N Sails, LLC d/b/a Wind 'n' Sails ("Wind 'n'
Sails," "we," "us," or "our") (collectively, the "Site"), as well as
purchases made through the Site.

Please read these Terms carefully. By accessing or using the Site,
creating an account, or placing an order, you agree to be bound by these
Terms and by the policies incorporated into them by reference. If you do
not agree, do not use the Site.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: SECTION 22 CONTAINS
AN AGREEMENT TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL
ARBITRATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SECTION 22 ALSO
CONTAINS A CLASS ACTION WAIVER AND AN OPT-OUT PROCEDURE. PLEASE READ
THAT SECTION CAREFULLY.

You may use the Site only if you are legally capable of entering into a
binding agreement under applicable law. If you use the Site on behalf of
a company, organization, or other entity, you represent that you have
authority to bind that entity to these Terms.

You may not use the Site if your access or use would violate any
applicable law, rule, regulation, or these Terms.

We may revise these Terms from time to time. When we do, we will post
the revised Terms on the Site and update the "Last Updated" date above.
Where required by applicable law, we will provide additional notice or
obtain consent.

Unless otherwise stated, revised Terms become effective when posted.
Your continued use of the Site after revised Terms become effective
constitutes your acceptance of the revised Terms to the extent permitted
by applicable law.

Our Privacy Policy describes how we collect, use, disclose, and
otherwise process personal information. By using the Site, you
acknowledge that you have reviewed our Privacy Policy.

Where applicable, our privacy-related notices and choices, including
Your Privacy Choices, are incorporated by reference.

Subject to these Terms, Wind 'n' Sails grants you a limited, revocable,
non-exclusive, non-transferable, and non-sublicensable right to access
and use the Site for your personal, non-commercial use.

You may not, directly or indirectly:

We may suspend, restrict, or terminate access to the Site where we
reasonably believe these Terms have been violated, where necessary to
protect the Site, our customers, or third parties, or as otherwise
permitted by law.

Certain Site features may permit or require you to create an account.
You agree to provide accurate, current, and complete information and to
keep that information updated.

You are responsible for maintaining the confidentiality of your account
credentials and for activity conducted through your account to the
extent permitted by law. You must promptly notify Customer Care if you
believe your account or credentials have been accessed or used without
authorization.

We may suspend or terminate an account where reasonably necessary for
security, fraud prevention, legal compliance, violation of these Terms,
or protection of Wind 'n' Sails, our customers, or third parties.

We make reasonable efforts to present product descriptions, photographs,
colors, measurements, availability, and other information accurately.
However, display settings, photography, manufacturing variations, and
other factors may affect how products appear on your device.

Product availability is not guaranteed. We may limit quantities,
discontinue products, correct errors, or revise product information as
permitted by applicable law.

Nothing on the Site constitutes a guarantee that a product will remain
available or that a particular product, color, size, material, or other
characteristic will appear exactly as displayed on every device.

Prices are displayed in U.S. dollars unless otherwise stated. Prices,
promotions, and availability may change without notice before an order
is accepted, subject to applicable law.

You are responsible for the purchase price and any applicable taxes,
shipping charges, duties, or other charges disclosed to you before you
complete your purchase.

We reserve the right to correct pricing, typographical, descriptive, or
other errors. If an error affects an order you have submitted, we may
contact you for instructions or cancel the affected order and issue any
refund required by applicable law.

Your submission of an order is an offer to purchase the products in that
order. An order confirmation or acknowledgment confirms that we received
your order; it does not necessarily constitute acceptance of the order.

We reserve the right, subject to applicable law, to accept, decline,
limit, or cancel an order, including because of product availability,
suspected fraud or unauthorized activity, pricing or product-information
errors, payment issues, shipping restrictions, or violation of these
Terms.

If we cancel an order after payment has been collected, we will issue an
appropriate refund to the applicable payment method, subject to the
terms of the payment provider and applicable law.

You agree to provide current, complete, and accurate billing and payment
information. By submitting payment information, you represent that you
are authorized to use the selected payment method and authorize us and
our payment service providers to charge the amounts presented to you at
checkout.

Payment methods and payment-provider services may be subject to separate
terms imposed by the applicable provider.

For buy-now-pay-later or installment services, any financing,
installment schedule, eligibility decision, or payment obligation may be
governed by the applicable provider's terms in addition to these Terms.

Promotions, discount codes, gift cards, credits, sweepstakes, contests,
or other offers may be subject to additional terms. If additional terms
conflict with these Terms with respect to a specific promotion or offer,
the additional terms will control for that promotion or offer.

We may modify, suspend, or terminate promotions as permitted by
applicable law.

Shipping methods, charges, processing information, estimated delivery
windows, restrictions, and related terms are described in our Shipping
Policy, which is incorporated into these Terms by reference.

Delivery dates and times are estimates unless expressly stated
otherwise. Delays may occur for reasons outside our reasonable control.

Risk of loss and title to products will pass as provided by applicable
law and the terms disclosed in our Shipping Policy.

Returns, exchanges, final-sale restrictions, eligibility requirements,
refund methods, processing periods, and related conditions are governed
by our Return Policy, which is incorporated into these Terms by
reference.

If a conflict exists between this Section and the Return Policy
regarding a return, exchange, or refund, the Return Policy will control,
subject to applicable law.

The Site and its content---including text, photographs, graphics,
illustrations, product imagery, logos, trademarks, trade dress, designs,
icons, video, audio, software, page layouts, and other materials---are
owned by or licensed to Wind 'n' Sails and are protected by
intellectual-property and other applicable laws.

"Wind 'n' Sails," our logos, brand names, product names, designs, and
other source identifiers are trademarks or trade dress of Wind N Sails,
LLC or their respective owners. No license or right to use any
trademark, trade dress, copyright, or other intellectual property is
granted except for the limited Site-use right expressly stated in these
Terms.

Nothing in these Terms limits any use of intellectual property that
applicable law expressly permits without authorization.

If you submit, upload, post, tag, transmit, or otherwise provide
reviews, photographs, videos, comments, suggestions, ideas, feedback, or
other content to us or through the Site ("User Content"), you retain any
ownership rights you may have in that User Content.

You grant Wind 'n' Sails a worldwide, non-exclusive, royalty-free,
transferable, sublicensable license to host, store, reproduce, adapt,
publish, translate, display, distribute, and otherwise use that User
Content in connection with operating, improving, promoting, and
marketing Wind 'n' Sails, our products, and our services, in any media
or format, to the extent permitted by applicable law. This license
continues for as long as reasonably necessary for those purposes,
subject to applicable law.

You represent that you have all rights and permissions necessary to
provide the User Content and grant this license, and that your User
Content does not violate applicable law or the rights of any person or
entity.

We are not obligated to publish, maintain, compensate, or respond to
User Content. We may remove or restrict User Content as permitted by
applicable law.

If you voluntarily provide suggestions, concepts, proposals, or other
feedback concerning our business, products, services, or Site, you agree
that we may use that feedback without restriction or compensation to
you, subject to applicable law and our Privacy Policy.

Please do not send confidential or proprietary ideas unless we have
expressly agreed in writing to receive them on that basis.

The Site may contain links to or integrations with websites, platforms,
payment providers, social networks, applications, or services operated
by third parties. Those third-party services are governed by their own
terms and privacy practices.

A link or integration does not necessarily constitute our endorsement of
a third party. To the extent permitted by law, we are not responsible
for third-party websites, services, content, security, availability, or
practices.

If you separately opt in to receive marketing text messages or telephone
communications from us, those communications will be governed by the
disclosures presented when you opt in and by applicable law. Consent
to receive marketing calls or texts is not a condition of purchase.

Message frequency may vary. Message and data rates may apply. You may
withdraw consent or opt out using the method stated in the applicable
message or opt-in disclosure. Transactional or service-related
communications may still be sent where permitted by law.

By using the Site, you consent to receive agreements, disclosures,
receipts, notices, and other transactional communications electronically
where permitted by law. You may retain copies for your records.

If you believe content on the Site infringes your copyright or other
intellectual-property rights, please contact us using the Legal contact
information in Section 27 and provide sufficient information for us to
identify the material and evaluate your request.

Nothing in this Section limits any rights or procedures available under
applicable law.

We do not warrant that the Site will be uninterrupted, error-free,
secure, or free from harmful components, or that Site information will
always be complete, accurate, or current.

The limitations in this Section do not apply to liability that cannot
lawfully be excluded or limited, including where applicable liability
for gross negligence, willful misconduct, fraud, or personal injury
caused by negligence.

Some jurisdictions do not allow certain exclusions or limitations of
liability, so some of the foregoing may not apply to you.

To the extent permitted by applicable law, you agree to indemnify and
hold harmless Wind 'n' Sails and its affiliates, and their respective
directors, officers, employees, and agents, from third-party claims,
liabilities, damages, losses, and reasonable costs arising from your
unlawful misuse of the Site, your material violation of these Terms, or
your infringement of a third party's rights.

This Section does not require you to indemnify any party for that
party's own negligence, willful misconduct, or other conduct for which
indemnification may not lawfully be required.

Before initiating arbitration, you and Wind 'n' Sails agree to make a
good-faith effort to resolve the dispute informally.

A party seeking to initiate a dispute must send a written notice
describing the nature and basis of the dispute and the relief sought
("Notice of Dispute"). Notices to Wind 'n' Sails must be sent to:

Wind N Sails LLC
c/o Connecticut Registered Agent LLC
Attn: Legal -- Notice of Dispute
2389 Main St., Suite 100
Glastonbury, CT 06033

The parties will attempt in good faith to resolve the dispute for at
least sixty (60) days after receipt of a complete Notice of Dispute
before commencing arbitration, unless applicable law requires otherwise.
Applicable limitation periods will be tolled during this 60-day period
to the extent permitted by law.

Except for disputes that qualify for small claims court and requests for
provisional or injunctive relief where permitted by law, any dispute,
claim, or controversy arising out of or relating to these Terms, the
Site, or a purchase from the Site that is not resolved through Section
22.1 will be resolved by binding individual arbitration to the
extent permitted by applicable law.

The arbitration will be administered by National Arbitration and
Mediation ("NAM") under the rules applicable to the dispute and in
effect when the arbitration is filed, as modified by these Terms. If NAM
is unavailable or unwilling to administer the arbitration consistent
with these Terms, the parties will attempt in good faith to agree upon
another administrator. If they cannot agree, a court of competent
jurisdiction may appoint an administrator as permitted by law.

The arbitration may be conducted by telephone, videoconference,
documents-only proceeding, or in person, as permitted by the applicable
rules and law. Any in-person hearing will occur at a reasonably
convenient location for the consumer unless the parties agree otherwise.

The arbitrator may award any individual relief that would be available
in court, subject to these Terms and applicable law.

Either party may bring an eligible individual claim in a small claims
court of competent jurisdiction, provided the claim remains solely in
that court and proceeds only on an individual basis.

If applicable law prohibits enforcement of this waiver as to a
particular claim or request for relief, that claim or request for relief
will proceed in a court of competent jurisdiction to the extent required
by law, after any arbitrable claims are resolved, unless applicable law
requires otherwise.

To the extent permitted by law for any dispute that proceeds in court,
you and Wind 'n' Sails knowingly waive any right to a trial by jury.

You may opt out of the arbitration agreement in this Section 22 by
sending a written opt-out notice within thirty (30) days after the date
you first become subject to these Terms.

Your notice must include your full legal name, the email address
associated with your Site account or purchase (if applicable), your
mailing address, and a clear statement that you wish to opt out of the
arbitration agreement in Section 22.

Send the notice to:

Wind N Sails LLC
c/o Connecticut Registered Agent LLC
Attn: Legal -- Arbitration Opt-Out
2389 Main St., Suite 100
Glastonbury, CT 06033

Opting out of arbitration will not affect the remaining provisions of
these Terms.

If we make a material change to this Section 22 after the date you first
accepted these Terms, we will provide any notice required by applicable
law. Where required, you may reject the material change using the
procedure stated in the notice. A change to our contact information or
an immaterial clarification will not by itself create a new opt-out
right unless required by law.

If any portion of this Section 22 is found unenforceable, it will be
severed or limited to the minimum extent necessary, and the remainder
will remain in effect, except where applicable law or the terms of this
Section require a different result.

These Terms and any dispute not subject to arbitration are governed by
the laws of the State of Connecticut, without regard to conflict-of-law
principles, except to the extent federal law applies or applicable
consumer-protection law requires otherwise.

Subject to Section 22 and applicable law, any court proceeding arising
out of or relating to these Terms or the Site will be brought in a state
or federal court of competent jurisdiction located in Connecticut, and
the parties consent to the jurisdiction of those courts.

Nothing in these Terms deprives a consumer of protections that cannot be
waived under the law of the consumer's jurisdiction.

To the extent permitted by applicable law, Wind 'n' Sails will not be
liable for delay or failure to perform caused by events beyond our
reasonable control, including severe weather, natural disasters, fire,
flood, epidemic or pandemic, war, terrorism, civil unrest, labor
disputes, transportation or carrier disruption, utility or
telecommunications failure, governmental action, cyber incidents
affecting third-party infrastructure, or supplier or service-provider
failures beyond our reasonable control.

This Section does not excuse obligations that cannot lawfully be
excluded or delayed.

We may suspend or terminate your access to the Site as permitted by
these Terms and applicable law. You may stop using the Site at any time.

Provisions that by their nature should survive termination---including
provisions concerning intellectual property, User Content licenses,
disclaimers, limitations of liability, dispute resolution, and general
legal terms---will survive.

Entire Agreement. These Terms, together with policies and additional
terms expressly incorporated by reference, constitute the agreement
between you and Wind 'n' Sails concerning the subject matter they cover.

Order of Precedence. If additional terms expressly applicable to a
particular product, promotion, payment method, or service conflict with
these Terms, those additional terms control for that specific subject
matter. Our Return Policy controls with respect to return and refund
eligibility, and our Shipping Policy controls with respect to shipping
terms, subject in each case to applicable law.

Assignment. You may not assign these Terms without our prior written
consent. We may assign these Terms in connection with a merger,
acquisition, reorganization, sale of assets, change of control, or by
operation of law, or otherwise as permitted by applicable law.

Severability. Except as specifically provided in Section 22, if any
provision is held invalid or unenforceable, it will be enforced to the
maximum extent permitted and the remaining provisions will remain in
effect.

No Waiver. A failure to enforce any provision is not a waiver of
that provision or any other provision.

Headings. Headings are for convenience only and do not affect
interpretation.

No Third-Party Beneficiaries. Except as expressly stated, these
Terms do not confer rights on any third party.

Legal notices to Wind 'n' Sails under these Terms should be sent to:

Wind N Sails LLC
c/o Connecticut Registered Agent LLC
Attn: Legal
2389 Main St., Suite 100
Glastonbury, CT 06033
privacy@windnsails.com

For general order, product, return, or customer-service questions,
please use our Contact Us page or contact Customer Care.

We may provide notices to you through the Site, by email, through your
account, or by other means permitted by applicable law.

California residents may be entitled to specific consumer notices and
remedies under California law. Under California Civil Code Section
1789.3, California users may contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916)
445-1254.

Questions or complaints regarding the Site may also be directed to Wind
'n' Sails using the contact information in Section 27.

We aim to provide a high-quality Site experience. Nothing in these Terms
is intended to limit rights or remedies that cannot be waived under
applicable accessibility, consumer-protection, privacy, or other law.

By accessing or using the Site, creating an account, or placing an
order, you acknowledge that you have read and agree to these Terms,
subject to any rights that cannot be waived under applicable law.