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Terms of Use

Welcome to Way Depot, the Sails Marine store. Way Depot and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Way Depot you accept these conditions. Please read them carefully.

The following is legally binding agreement between you and Way Depot, the Sails Marine store.

Entities

Way Depot is a Sails Marine store. When shopping with Way Depot you are doing business with Sails Marine.

Limitations of Liability

By placing an order, you agree that Way Depot maximum liability for the products sold on this website is limited to its purchase price only. In no circumstances is Way Depot or any of their representatives liable for special, indirect, consequential, or punitive damages related to products sold.

By using this site, or ordering from it, you acknowledge that you have read, understood, and agreed to our terms and policies. All product names, trademarks, and registered trademarks are the property of their respective owners. Any use of copyrighted material or trademarks on this site should not be viewed as a challenge to those copyrights or trademarks.

Privacy Statement

Click here to review the Way Depot Privacy Statement.

Electronic Communications

When you visit Way Depot or send messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. You consent to send communications to us electronically as opposed over the phone. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Language

Way Depot is commited to excellence in everything it does, including courteous businesslike communication and expects basic polite manners from its customers. We will work with you on every issue or concern should they arise. Way Depot has zero tolerance policy to customers with no manners and reserves rights at its own discretion to block access to the site, deny service and communication to those, using inappropriate, threatening, rude, offensive, obscene or vulgar language or sending excessive emails.

Copyright

All content included on this site, such as text, images, graphics, logos, icons, audio clips, digital downloads, data compilations, and software, is the property of Way Depot, its suppliers or its associates, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Way Depot and protected by U.S. and international copyright laws. All software used on this site is the property of Way Depot or its software suppliers and protected by United States and international copyright laws.

License and Site Access

Way Depot grants you a limited license to access and make personal use of this site. You may not download or modify it, or any portion of it, except with express written consent of Way Depot. This license does not include, allow for or permit any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, images, text or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Way Depot. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Way Depot without express written consent. You may not use any meta tags or any other "hidden text" utilizing Way Depot's name or trademarks without the express written consent of Way Depot. Any unauthorized use terminates the permission or license granted by Way Depot. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Way Depot site so long as the link does not portray Way Depot, their suppliers, friends, and customers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Way Depot logo or other proprietary graphic or trademark as part of the link without express written permission.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Way Depot reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.

Content Linked to by Way Depot

The sites displayed and linked to by Way Depot are developed by people over whom Way Depot exercises no control. We cannot guarantee that a link from Way Depot will not locate unintended or objectionable content and assume no responsibility for the content or privacy policy of any site included in any search results or otherwise linked to by Way Depot.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Way Depot does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Way Depot only with involvement of a parent or guardian. Way Depot reserves the right to refuse service, block access to the site, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Risk of Loss

All items purchased from Way Depot are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Way Depot is not responsible for lost or stolen orders upon our delivery to the carrier. Way Depot uses trackable online delivery services for all domestic and some international orders.

Product Descriptions

Way Depot attempts to be as accurate as possible. However, Way Depot does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Way Depot itself is not as described, your sole remedy is to return it in unused condition.

Product Compatibility

Way Depot does not consult, comment, research or guarantee products compatibility with the other products nor does it guarantee products fitness for a particular purpose.

Pricing

Except where noted otherwise, the List Price displayed for products on Way Depot represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

Way Depot shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, shipping cost, rebate or refund, or containing any other incorrect information or typographical errors. Way Depot shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Way Depot shall immediately issue a credit to your credit card account in the amount of the charge.

WAY DEPOT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Way Depot does not offer price protection at this time.

Local Taxes and Customs Charges

Local taxes and customs charges, if applicable, are not covered by Way Depot. Buyers cover any additional local charges, imposed by the carrier or customs.

Exchanges, Returns and Refunds

Exchanges are processed as returns and reorders only.

All returns require a Return Merchandise Authorization (RMA) number prior to shipping the item for return.

Customer covers shipping cost for return regardless of the reason.

All returns must be shipped exactly to an address, provided with RMA, which is intended for returns. These addresses always have RMA number in them.
Failure to send return to an address, provided with RMA results in 20% fee regardless of the reasons for return.
Example: return sent to a corporate address instead of provided RMA address results in 20% fee.


All return authorizations, unless used, expire 15 days after they are issued. Items returned without an RMA number or in unacceptable condition cannot be refunded. You may request RMA by following Customer Service link at the top of each page.

You may return or exchange most new, unopened items within 20 days of the purchase date for refund or exchange. For items that are defective, the full purchase price will be refunded. Non-defective items will be provided a full refund less 20% restocking fee and shipping costs.

Items that have been used, have opened or defaced packaging, missing parts, missing warranty cards or manuals, missing UPC/barcodes, serial numbers not matching original ones or in a condition that would not be acceptable for resale will either be refused or subject to an additional restocking fee.

Customers who refuse shipment or provide inaccurate adddress, resulting in return, are liable for a 20% restocking fee along with the shipping costs of the order.

Failure to notify Way Depot of product damage within 3 days of receipt voids all shipping damage claims.

All potentially defective product claims should be directed to the manufacturer or warranty provider for evaluation and support.

WAY DEPOT WILL NOT ACCEPT RETURNS OF ANY ITEMS, STATED AS NON-RETUNABLE AT CHECKOUT AND IN THE ORDER CONFIRMATION.

Refunds are issued after receipt and verification of qualified returns and may take up to 14 days.

Order Cancellation Before Shipment

If the order is canceled before it is shipped, full credit is issued less 5% of the order total to cover credit card fees.

Unjustified Credit Card Chargebacks

If you as a card holder did not authorize the purchase, we will work with you and your credit card issuer to ensure the situation is resolved properly. However we will charge a $35 penalty fee for every unjustified credit card chargeback against our company - as well as all attempted chargebacks that we are able to reverse by defending our case. We will also report all unjustified chargebacks to ChargeBackProtection.org, thereby banning you from placing orders with any business that uses ChargeBackProtection.org.

Examples of unjustified chargebacks are: When any customer issues an unjustified or proved misleading complaint, a customer starts an unwarranted dispute with his credit card company, a customer disputes legitimate charge in error, a customer refuses to pay, a customer ships the product without going through the RMA process and starts a dispute, a customer disregards any of our site policies after agreeing to them, a customer initiates a chargeback when they have already been refunded, and etc. In the event that a chargeback is placed on a purchase, we reserve the right to report the incident for inclusion in a chargeback abuser database. The information reported will include full name, email, order date, order amount, IP address, full address and phone number.

Local Pickups

No local pickups are offered at this time.

Over the Phone Orders

All orders must be placed online. No over the phone orders are accepted at this time.

Shipping

Way Depot makes every effort to ship orders as soon as possible. At the same time, Way Depot does not promise or guarantee immediate shipping, nor does it advise or guarantee delivery by specific date. In no cases does Way Depot compensate for late orders delivery.

Way Depot reserves rights to use shipping methods and carriers different from the ones selected at the checkout, which provide the same or better delivery timeline.

Damaged Shipments

Way Depot makes sure to package each order as well as possible to prevent any damages occurring during transport. Unfortunately, there will be the occasional damaged item.

When shipping damage occurs please make sure that you do not dispose of the original shipping container or any of the packing material. If the original box and packaging materials are not provided, we will not be able to file a claim for your product and you would not be able to get your item replaced. Please pack the damaged item as you received it and contact us immediately via “Customer Service” link found at the top of each page. Once confirmed, we will be able to ship out your replacement.

Indemnification

You agree to indemnify and hold harmless Way Depot and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

Disclaimer of Warranties and Limitation of Liability

You represent, warrant and covenant that: You are at least eighteen years of age and have the full right and authority to enter into this License on behalf of you and/or your company, employer or principal, and you do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the products into any country or use any of the products in any manner prohibited by any laws, restrictions or regulations.

WAY DEPOT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAY DEPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, ADVICE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON AND SOLD ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WAY DEPOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ITS PRODUCTS, SERVICES AND INFORMATION. WAY DEPOT DOES NOT WARRANT THAT THIS SITE, IT’S SERVERS, ITS DOWNLOADS, OR E-MAIL SENT FROM WAY DEPOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL WAY DEPOT, ITS PARENT COMPANIES, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURES, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS FEES OR ANY DIRECT, INDIRECT, SPECIAL PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, (OR ANY KIND OF DAMAGES WHATSOEVER). THIS APPLIES EVEN IF WAY DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY; ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, MERCHANDISE, AND MATERIALS AVAILABLE FROM THE WAY DEPOT WEB SITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WAY DEPOT WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT WAY DEPOT IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, WAY DEPOT LIABILITY SHALL BE LIMITED TO THE REPLACEMENT OR REFUND FOR ANY PRODUCT OR SERVICE PURCHASED FROM US AND THE REPLACEMENT OR REFUND FOR PRODUCT WILL BE MADE AFTER THE RETURN OF THE PRODUCT TO WAY DEPOT.

WAY DEPOT SHALL BE INDEMNIFIED AND HELD HARMLESS AGAINST CLAIMS, DAMAGES, LOSSES, INJURIES OR ILLNESSES ARISING OUT OF THE USE OR MISUSE OF THE SITE AND ADVICE OR INFORMATION.

Jurisdiction

This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Connecticut, United States. Any claims shall be brought solely in the Federal District Court of the District of Connecticut and you expressly consent to the exclusive jurisdiction of the federal courts of the State of Connecticut, United States. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Legal Fees

You agree to reimburse Way Depot for its legal fees, costs and disbursements if Way Depot is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

Miscellaneous Provisions

These Conditions of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Way Depot.
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© 2002-2019 Way Depot, the Sails Marine store. All rights reserved.
All products, services and/or company names mentioned herein are trademarks of their respective owners.