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General Terms and Conditions (T&Cs)
1. General Information
1.1
Throughout the website/application, the terms "we," "us," and "our" refer to the owner of www.blackcloversailing.com. Terms like "you," "your," "the customer," or "the user" refer to anyone who uses our website or wants to make a purchase from us.
1.2
By accessing or using our website/application, you agree to these Terms and Conditions ("Terms"), including any additional terms and policies referenced herein or available via hyperlink. These Terms apply to all users of the website and govern all contracts between Black Clover Sailing, LLC and our customers regarding the purchase of goods through our website. We reserve the right to update, change, or replace any part of these Terms at our discretion by posting updates and/or changes on our website/application. It is your responsibility to review these Terms periodically for any changes. Your continued use of the website/application after changes are posted constitutes your acceptance of those changes.
1.3
The company is based in Wyoming, USA. We currently deliver only to countries within the European Union (EU). Specifically, we deliver to Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden. If you are located in a country not listed above, we are unable to deliver to you at this time.
1.4
Please read these Terms carefully before accessing or using our website/application. By accessing the website or using any part of the website, you agree to these Terms. If you do not agree with all the terms of this agreement, you must not access the website/application or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
2. Accuracy, Completeness, and Timeliness of Information
2.1
We strive to ensure that the information on our website is accurate, complete, and current. However, we make no guarantees about the accuracy, completeness, or timeliness of the content. The material on this website is provided for general informational purposes only and should not be solely relied upon for making decisions. Users are responsible for verifying any information independently before acting on it.
2.2
Occasionally, our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any such errors or inaccuracies and to update or change information without prior notice, including after an order has been submitted.
2.3
We are not obligated to update or amend information on our website, including pricing information, except as required by law. The absence of a specified update or refresh date does not imply that all information on our website has been modified or updated.
2.4
The website may include historical information, which is provided for reference only. We have no obligation to update historical information and may change content at any time. You agree to monitor our website for any changes.
2.5
To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages resulting from your reliance on or use of the information provided on our website.
3. User Comments, Feedback, and Other Submissions
3.1
If you send us submissions such as contest entries, creative ideas, suggestions, proposals, plans, or other materials (collectively, "Comments"), you agree that we may use these Comments without restriction. This includes the right to edit, copy, publish, distribute, and otherwise use the Comments in any medium. By submitting Comments, you consent to our use of your data in accordance with our Privacy Policy, which outlines how your data will be handled.
3.2
We are not obligated to keep any Comments confidential, pay compensation for Comments, or respond to Comments. We reserve the right, but are not required, to monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms and Conditions.
3.3
You agree that your Comments will not infringe upon the rights of any third party, including intellectual property, privacy, or other proprietary rights. Additionally, your Comments must not contain defamatory, unlawful, abusive, or obscene material, or any malware that could harm the Service or related websites.
3.4
Submitting false or misleading information, or impersonating others, may result in legal consequences, including but not limited to civil and criminal liability. You are solely responsible for the accuracy of the Comments you submit. We will not be liable for any issues that arise from your Comments or any legal repercussions resulting from false or misleading submissions.
4. Changes to the Service and Prices
4.1
The prices for our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
5. Optional Tools and Third-Party Links
5.1
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties or endorsements. We are not liable for any issues arising from your use of these optional third-party tools. Any use of optional tools is at your own risk and discretion, and you should review and agree to the terms of the third-party provider.
5.2
We may also offer new services and features through our website/application in the future, which will be subject to these Terms and Conditions. Certain content, products, and services available through our Service may include materials from third parties.
5.3
Our website may contain links to third-party websites that are not affiliated with us. We are not responsible for the content, accuracy, or practices of these third-party sites. The inclusion of any third-party link does not imply endorsement or approval of the linked site by us. Be aware that third-party websites may have different privacy policies and security practices that we do not control. We encourage you to review the privacy policies and terms of use of any third-party site you visit.
5.4
We are not liable for any damages or losses related to your use of third-party websites, including but not limited to issues of security vulnerabilities, data privacy concerns, or any other risks associated with external links. If you engage in transactions or share personal information on third-party sites, please do so with caution and review their policies carefully. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.
5.5
​We do not endorse or make any representations about third-party websites or services. Your interaction with third-party websites and services is solely between you and the third party. Any transactions, communications, or disputes that arise from your use of third-party websites are your responsibility and not ours.
6. Conclusion of Contract and Purchase of Products
6.1
The presentation of products on our website is an invitation to submit an order, not a legally binding offer. When you click the "Buy" button, you submit a binding order for the items in your shopping cart. By placing an order, you confirm that you are purchasing the items for personal use and not for resale. We reserve the right to refuse or cancel any order if it appears to be placed by automated systems, including but not limited to software bots, web crawlers, or other automated programs designed to place orders on your behalf.
6.2
After you submit your order, you will receive an automatic confirmation email acknowledging receipt of your order. This confirmation does not constitute acceptance of the contract. We will review your order and may accept it by sending a formal order confirmation email or by delivering the goods. Acceptance is completed when you receive a formal order confirmation or when the goods are delivered. If there is any delay in processing or confirming your order, we will notify you as soon as possible.
6.3
Our products or services are available exclusively through our website/application and may be offered in limited quantities. Returns or exchanges are only allowed in accordance with our return policy.
6.4
We strive to accurately display the colors and images of our products. However, we cannot guarantee that the colors displayed on your screen are accurate.
6.5
We reserve the right to limit sales based on geographic regions, jurisdictions, or other factors. For example, we might limit sales to specific countries or regions such as France, Germany, or Italy, based on shipping capabilities or other considerations. We may also impose restrictions on the quantity of products sold to any person, geographic region, or jurisdiction, and we may change or discontinue any product or service at our discretion.
6.6
We do not guarantee that the quality of our products or services will meet your expectations, nor do we guarantee that any errors in the service will be corrected.
6.7
We reserve the right to refuse any order you place with us.
6.8
We may limit or cancel quantities purchased per person, per household, or per order, including orders placed from the same customer account, credit card, or shipping/billing address. If we change or cancel an order, we will attempt to notify you using the contact information provided at the time of the order. We also reserve the right to limit orders that appear to be placed by dealers, resellers, or distributors.
7. Prices and Payment Terms
7.1
​All prices are inclusive of the applicable statutory VAT of the recipient's country and exclusive of shipping costs, unless otherwise stated.
7.2
Payment is made using the payment methods specified in the ordering process.
7.3
​You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If there are any discrepancies or errors in the payment details you provide, please notify us immediately. We will work with you to correct such discrepancies promptly. Failure to provide accurate information or notify us of discrepancies may result in delays or issues with processing your order.
8. Delivery and Shipping
8.1
Delivery will be made to the address provided by the customer. The delivery time is generally 5 to 10 days but may vary depending on location and product availability.
8.2
If not all ordered products are in stock, we or our partner are entitled to partial deliveries as long as it is reasonable for you.
8.3
We are not obligated to deliver the ordered goods if we have properly ordered the goods on our part but cannot process them correctly or timely due to issues with third parties (referred to as "congruent coverage business"). This term refers to situations where our ability to deliver is contingent upon the timely and accurate fulfillment of our suppliers or partners. It is also a prerequisite that we are not responsible for the lack of product availability and have promptly informed you of this circumstance. Additionally, we must not have assumed the risk of procuring the ordered goods. In cases of non-availability of the goods, we will promptly refund any payments already made.
8.4
We do not assume the risk of procuring ordered goods ("procurement risk"). Procurement risk refers to the potential issues that may arise if the goods are not available from our suppliers or partners, including those described only by their type and characteristics (generic goods). This means that we are not liable for failures in sourcing products that are beyond our control.
9. Right of Withdrawal (For Consumers in the EU)
9.1
Consumers in the European Union have the right to withdraw from the contract within 14 days without providing any reason. The withdrawal period is 14 days from the day you or a third party designated by you, other than the carrier, takes physical possession of the last item in your order. For the purposes of this clause, "physical possession" refers to the day on which you or the designated third party physically receives the last item of your order.
9.2
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract through an unequivocal statement (preferably via email).
9.3
To comply with the withdrawal period, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
10. Returns
10.1
​In the case of withdrawal or return, you bear the direct costs of returning the goods.
10.2
Please return the goods as follows:
Packages sent from Latvia should be returned to the address:
Plienciema 5, Marupe, Marupes novads, LV-2167, Latvia
Packages sent from Spain should be returned to the address:
Travessía Prat de la Riba, 91-95, 08849 Sant Climent de Llobregat, Barcelona, Spain.
​Please always indicate the recipient as: blackcloversailing Returns
Also, note that the provided addresses are return addresses only. Letters or similar items cannot be accepted at these addresses.
10.3
Consequences of Withdrawal: If you withdraw from this contract, we will refund all payments received from you, including delivery costs, without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you or if it is not possible; in no case will you incur any fees as a result of this repayment. We may withhold the repayment until we or our partner have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must return or hand over the goods to the partner without undue delay and in any event no later than fourteen days from the day you inform us or the respective partner of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
10.4
The costs of returning the goods are to be borne by you. However, you only need to pay for any diminished value of the goods if this loss in value is due to handling not necessary to examine the nature, characteristics, and functioning of the goods. Please note that we do not accept used goods, especially underwear or swimwear from which the hygiene label has been removed.
11. Warranty and Liability in Connection with Our Products
11.1
Statutory warranty rights apply.
11.2
Our liability for contractual breaches and for tort is limited to intent and gross negligence. This does not apply in cases of injury to life, body, and health of the customer, claims arising from breaches of cardinal duties, i.e., duties whose fulfillment makes the proper execution of the contract possible in the first place and upon which the customer is regularly entitled to rely.
12. Data Protection
12.1
We collect, process, and use your personal data only within the framework of legal regulations and our privacy policy, which is available on our website.
13. Prohibited Uses
13.1
​You agree not to use our website or services for any of the following prohibited activities. Engaging in any of these activities will result in appropriate actions, including suspension or termination of access, potential legal action, and reporting to relevant authorities:
(a)
​Unlawful Purposes: Engaging in or promoting illegal activities, such as fraud or trafficking in illegal goods.
(b)
Soliciting or Participating in Unlawful Activities: Organizing or participating in unauthorized events or illegal schemes.
(c)
Violating Regulations: Disregarding any local, national, or international laws and regulations.
(d)
​Intellectual Property Infringement: Unauthorized use or distribution of copyrighted material, trademarks, or other intellectual property.
(e)
Harassment or Discrimination: Abusing, insulting, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, or other protected characteristics.
(f)
False or Misleading Information: Providing deceptive or fraudulent information or impersonating others.
(g)
Malicious Code: Uploading or distributing viruses, malware, or other harmful software.
(h)
Data Collection: Unauthorized collection or tracking of personal data from others.
(i)
Spamming or Phishing: Sending unsolicited communications or attempting to deceive users.
(j)
Obscene or Immoral Purposes: Sharing explicit or illegal content.
(k)
Circumventing Security: Disabling or bypassing security features of our website or services.
13.2
Engagement in any prohibited activities may lead to:
(a)
Immediate Suspension or Termination: Your access to our website or services may be suspended or terminated without notice.
(b)
Legal Action: We may pursue legal remedies, including civil claims or criminal charges.
(c)
Content Removal: Any offending content will be removed.
(d)
Reporting: We may report violations to relevant law enforcement or regulatory bodies.
These measures are in place to ensure the integrity of our services and compliance with legal and ethical standards.
14. Disclaimer and Limitation of Liability for Our Website and Shop
14.1
You agree that our website and online shop are provided on an “as-is” and “as-available” basis. We make no warranties or representations of any kind, express or implied, regarding the operation or availability of our website or the accuracy, reliability, or completeness of any content or products available through our site. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
14.2
We do not guarantee the accuracy, completeness, or usefulness of any information on our website. All content is provided for general informational purposes only and should not be relied upon as professional advice. We are not responsible for any errors or omissions in the content or for any actions taken based on the information provided on our website.
14.3
​We do not guarantee that our website will be available at all times or that it will be free from interruptions, errors, or defects. We reserve the right to suspend or withdraw access to our website or parts of it without notice for maintenance, updates, or other reasons.
14.4
To the fullest extent permitted by applicable law, our company is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(a)
Inability to Access or Use the Website: This includes damages related to system outages, website downtime, or interruptions in service that are beyond our reasonable control.
(b)
Errors or Omissions in Website Content: We do not accept responsibility for inaccuracies, errors, or omissions in the content provided on our website or any third-party content linked to it.
(c)
Viruses or Malicious Code: We are not liable for any damages caused by viruses, malware, or other harmful code that may be transmitted through our website or that may infect your device.
14.5
We are not liable for any damages resulting from any unauthorized access to or use of our servers, or any interruption or cessation of transmission to or from our website. We are also not responsible for any damages caused by third-party links or content, including any errors or omissions in third-party content.
14.6
Any limitations or exclusions of liability set forth in these Terms are intended to allocate risks between you and us, and are an essential part of the agreement between you and us. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
15. Termination
15.1
We reserve the right to terminate or suspend your access to our website and services at our sole discretion, with or without notice, for any reason, including but not limited to:
(a)
Breach of Terms: Any violation of these Terms and Conditions, including but not limited to engaging in prohibited activities, misuse of our website, or failure to comply with payment obligations.
(b)
Legal Requirements: Compliance with legal or regulatory requirements that necessitate the termination or suspension of your access.
(c)
Security Concerns: Concerns related to the security of our website, data protection, or risk management that warrant immediate action.
15.2
​Upon termination, we may remove or delete your account and any associated data, and you may no longer have access to any content or services provided through our website. We are not responsible for any loss of data or disruption of service resulting from termination.
15.3
If you believe that the termination of your access was unjustified or wish to dispute the decision, you may contact us to resolve the issue. Disputes related to termination should be submitted in writing within 14 days from the date of termination. We will review and address your concerns in a timely manner.
15.4
Termination of your access does not affect any rights or obligations that accrued prior to the termination date, including any payment obligations or liabilities for actions taken during the period of access.
15.5
We reserve the right to take legal action or seek remedies available to us in the event of a breach of these Terms that results in termination. This may include pursuing claims for damages or other legal remedies as appropriate.
16. Final Provisions
16.1
The law of the State of Wyoming, USA, excluding the UN Convention on Contracts for the International Sale of Goods, applies. Mandatory provisions of the state in which the customer has their habitual residence remain unaffected.
16.2
Should any provision of these Terms and Conditions be invalid, the remainder of the contract shall remain in effect. The invalid provision shall be replaced by the relevant statutory provisions.
16.3
Failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
16.4
​These Terms and Conditions and any policies or operating rules published by us on this website or in relation to the service constitute the entire agreement and understanding between you and us and govern your use of the service. They replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to all prior versions of the Terms and Conditions.
16.5
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
16.6
​In the event that any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable part shall be deemed severed from these Terms and Conditions, and such a determination shall not affect the validity and enforceability of any remaining provisions.