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Terms and conditions of use of the SAIL website

Last Updated: April 12 2022

Application and acceptance

We invite you to read these terms and conditions for the use of the SAIL Website ("Terms and conditions") carefully before consulting this Website.

By accessing and using the SAIL Website, you confirm your acceptance of these Terms and conditions of use and your undertaking and understanding to comply with them.

Amendment of terms and conditions

We reserve the right to change the Terms and conditions at any time. We will do so by posting the revised Terms and conditions on this website. The date of the version of these Terms and conditions is stated at the top of the page. Please review these Terms and conditions periodically. We recommend that you print a copy of this Policy for your records.

You agree that SAIL may change the terms and conditions for use of this Website without notice. You agree, during your visits to the SAIL Website, to regularly consult these terms and conditions of use so that you are informed of their content. By continuing to use this Website following an amendment to the terms and conditions of use, you confirm your agreement to comply with the amended terms and conditions.

If you refuse to comply with these terms and conditions of use, we would ask that you leave the SAIL Website.

Jurisdiction

All access and use of this Website must comply with the laws and regulations of the Province of Québec, as well as the applicable laws of Canada, and the laws of your province of residence. You agree that any breach or violation of these terms and conditions of use will give rise to an obligation on your part to indemnify SAIL for any direct, indirect or consequential damages, including any business interruption, lost profits, loss of software, data or program, as well as the legal costs and all related expenses, caused by the said breach or violation, or resulting therefrom.

The parties agree that any dispute concerning these terms and conditions or any order placed on this Website is governed by the laws of Québec and the parties agree to submit any such dispute to the exclusive jurisdiction of the courts of the Province of Québec.

Errors

SAIL uses its best efforts to ensure that the information appearing on the pages of this Website are up-to-date and complete and contains no inaccuracies or errors. Despite all of our efforts, some errors may occur and SAIL will do everything possible to ensure that these errors are brought to your attention and corrected as soon as possible.

SAIL’S RECOGNITION PROGRAM

TERMS & CONDITIONS

In this Agreement, the term “Member” is used to designate a customer of SAIL Plein Air Inc. (“SAIL”) enrolled in SAIL’s EXPLORE+ program (the “Program”).

The following terms and conditions (collectively referred to as the “Terms”) describe and govern the Program. These Terms replace and take precedence over any preceding terms and conditions regarding any rewards program offered by SAIL. There are no other terms and conditions concerning the Program, with the exception of those expressly set out herein.

These Terms and the Program come into effect on April 12, 2022.

The Program is a rewards program offered by SAIL. It is geared towards Members who purchase merchandise in SAIL stores (the “Stores” or, individually, the “Store”) and/or on the website www.sail.ca (the “Website”). Enrolment in the Program enables Members to obtain rewards established based on their Annual Purchase Volume (as defined below), in accordance with the terms and conditions set out herein. Once a Member’s Annual Purchase Volume reaches a pre-determined threshold in connection with these Terms, said Member shall receive a single Discount Coupon (as defined below), which may be deducted from the purchase price of selected SAIL merchandise, in addition to being eligible for certain benefits in-store and on the Website.


Enrolment in the Program is free of charge; no initial purchase is required to become a Member.

SAIL customers who have reached the age of majority in the country, province or territory in which they reside or who have obtained the consent of their parents or legal guardian may enrol and take part in the Program by following the registration procedure. They must also provide complete and accurate information and must confirm that they accept these Terms, as well as SAIL’s Personal Information Protection Policy posted on the Website. The creation of accounts (as defined below) by multiple associates of the same SAIL Member is strictly prohibited. Under no circumstances is a Member entitled to hold more than one account.

Unless SAIL’s prior written approval is obtained, enrolment in the Program is not available to companies, businesses, charitable organizations, partnerships or any other entities other than individuals, at SAIL’s sole discretion.


As soon as a Member enrols in the Program, a Member account is created (the “Account”). All purchases carried out by a Member in-store or via the Website are recorded in the Account. Enrolment in the Program is strictly limited to one Account per Member (with the same first/last name and email address). Only the Member may benefit from use of the Account; membership status is not transferable. Purchases are not transferable from one Member to another. In connection with the Annual Purchase Volume, purchases carried out in-store or via the Website that are not associated with a Member at the time of the transaction will not be recorded in the Account.

Members must provide SAIL with accurate information. SAIL is not responsible for any misdirected telephone, postal or electronic communications, including any notices given under these Terms or any consequences stemming from the fact that information provided by a Member is inaccurate or is no longer valid. It is incumbent upon Members to ensure that they are able to receive messages or notices sent by SAIL to the contact information provided when they enrolled in the Program. If SAIL is of the opinion that any information concerning a Member is inaccurate, it may contact the Member at its discretion.

All Members shall accept delivery of email communications sent by SAIL, regardless of format (newsletter, promotional offer, information, event, etc.) to the email address provided when the Members enrolled in the Program. Members are not required to receive email communications from SAIL in order to take part in the Program. Members may unsubscribe from SAIL’s mailing list at any time by clicking on “unsubscribe”, which appears at the bottom of each email sent by SAIL to the Members.


Enrolment in the Program enables Members to take advantage of rewards and benefits established based on their annual purchase volume (the “Annual Purchase Volume”). Each dollar spent by a Member (excluding delivery charges, gift cards, permits, fees for postal services and taxes) in connection with eligible purchases of merchandise in-store or via the Website is recorded in the Member’s Account in connection with the Annual Purchase Volume. Every dollar recorded in connection with the Annual Purchase Volume, as well as any benefits or rewards, belong exclusively to the Member and may not be assigned, exchanged, bequeathed or otherwise transferred under any circumstances.

For each Member, the Annual Purchase Volume is calculated from April 12 to April 11 of the following year (the “Reference Year”). At the beginning of each Reference Year during which the Program is in effect, each Member’s Annual Purchase Volume shall be reset to zero dollars ($0) and to Level 1—Novice.

MEMBERS WHO MAKE IN-STORE PURCHASES MUST PROVIDE THE REQUIRED INFORMATION TO THE ADVISOR AT THE CASH DESK (TELEPHONE NUMBER OR EMAIL ADDRESS) AND MUST PROVIDE PROOF OF IDENTIFY IF REQUIRED. IF MAKING PURCHASES VIA THE WEBSITE, MEMBERS MUST PROVIDE THEIR EMAIL ADDRESS SO PURCHASES MAY BE RECORDED IN THEIR ANNUAL PURCHASE VOLUME AND SO THEY CAN ENJOY THE PROGRAM BENEFITS.

Once a Member’s Annual Purchase Volume reaches one of the thresholds identified below during a Reference Year, SAIL will issue a single Discount Coupon entitling the Member to one of the discounts listed below and usable by the Member in connection with any authorized purchase of merchandise, and exchangeable in any Store or via the Website:

  • A single 10% Discount Coupon once the Member achieves an Annual Purchase Volume of between $300.00 and $899.99, in addition to automatically obtaining the status of LEVEL 2 MEMBER—ENTHUSIAST (as defined below);
  • A single 15% Discount Coupon once the Member achieves an Annual Purchase Volume of $900.00 or more, in addition to automatically obtaining the status of MEMBER LEVEL 3—EXPERT (as defined below).
Returns and/or exchanges will be honoured in accordance with SAIL’s return and price adjustment policies, as posted on the Website. If merchandise is returned and/or exchanged, the Member’s Annual Purchase Volume will be automatically adjusted in the Account used for the initial purchase (with the value thereof corresponding to the return or exchange amount). In the event that a return/exchange affects the Member’s Annual Purchase Volume so that it no longer reaches the threshold indicated in section 13(a) or 13(b), any unused Discount Coupon issued in connection with section 13 prior to the return and/or exchange will be automatically cancelled.


Any Discount Coupons issued by SAIL to a Member in accordance with section 13(a) or 13(b) (collectively, the “Discount Coupons”), must be used by the Member within twelve (12) months following receipt in accordance with the conditions indicated herein. Each Discount Coupon is usable on a single occasion and in connection with a single transaction in-store or via the Website. One Discount Coupon may be deducted from the purchase price of merchandise sold at the regular price only in-store or via the Website, excluding certain licensed brands. Certain manufacturer exclusions may also apply. The Member must present and remit the Discount Coupon at the time of purchase (either displayed on a telephone screen or printed). No mechanical or other reproductions will be accepted. Discount Coupons may not be combined with other coupons, certificates, vouchers, offers or promotions, nor may they be combined with another Discount Coupon. Discount Coupons may not be used in connection with the purchase of downriggers, motors, batteries, sonars, ammunition, firearms, crossbows, bicycles, gift cards, hunting/fishing permits or services, or in connection with any merchandise previously purchased in-store or via the Website. Any use of a Discount Coupon is definitive and irreversible.

SAIL is not liable for lost or stolen Discount Coupons. Discount Coupons may not be exchanged for money. Additional restrictions may apply, at SAIL’s sole discretion, regarding the issuance and use of Discount Coupons. SAIL reserves the right to issue Discount Coupons by email to eligible Members within a period of two (2) or three (3) days.

Any other Program-related rewards or benefits may be subject to certain taxes (e.g. GST, PST or HST). All tax obligations, including, without limitation, any declarations relating to benefits obtained, any other rewards or any other benefits offered in connection with the Program are the Member’s sole responsibility. SAIL Plein Air Inc. is in no way liable for potential tax consequences relating to Members’ participation in the Program.


Enrolment in the Program entitles all members to the following benefits:

  • v
  • A 15% Welcome Discount Coupon issued when a valid Program registration is carried out, usable in accordance with these Terms;
  • A 15% Anniversary Discount Coupon, valid exclusively during the Member’s anniversary month, usable in accordance with these Terms;
  • Exclusive surprise offers throughout the year.


Members whose Annual Purchase Volume exceeds $300.00 during a given Reference Year obtain LEVEL 2 MEMBERSHIP status for the rest of the Reference Year in question and for the subsequent Reference Year. Members lose their LEVEL 2 MEMBERSHIP status at the end of the subsequent Reference Year if their Annual Purchase Volume does not reach $300.00 during the subsequent Reference Year. In addition to the benefits described in section 18, LEVEL 2 MEMBERS also obtain the following benefits during the rest of the Reference Year in question and in the subsequent Reference Year:

  • A 10% Discount Coupon once the $300.00 threshold has been achieved, usable in accordance with these Terms;
  • Access to exclusive events.


Members whose Annual Purchase Volume exceeds $900.00 during a given Reference Year obtain LEVEL 3 MEMBERSHIP status for the rest of the Reference Year in question and for the subsequent Reference Year. Members lost their LEVEL 3 MEMBERSHIP status at the end of the subsequent Reference Year if their Annual Purchase Volume does not reach $900.00 during the subsequent Reference Year. In addition to the benefits described in section 9, LEVEL 3 MEMBERS also obtain the following benefits during the rest of the Reference Year and in the subsequent Reference Year:

  • Eligibility to attend events only available to LEVEL 3 MEMBERS;
  • A 15% Discount Coupon once the $900.00 threshold has been achieved, usable in accordance with these Terms.
  • Free on-line returns for purchases carried out via the Website;
  • Return and exchange period extended to 45 days.


SAIL RESERVES THE RIGHT FROM TIME TO TIME TO MODIFY THESE TERMS, TO OTHERWISE MODIFY THE PROGRAM OR TO TERMINATE THE PROGRAM ALTOGETHER.

In the event that major modifications are made to these Terms or to the Program, Members will be given written notice at least sixty (60) days before the effective date of said modifications, which will be posted in all the Stores and online on the Website. In addition, said notice may be sent directly to the Members by email or regular mail or by any other means, at SAIL’s sole discretion. Said notice will describe the nature of the modifications made, the former terms and conditions and the effective date of the modification. The fact that a Member continues to take part in the Program following receipt of said notice constitutes his express consent to any modifications made to the Terms or to any other aspect of the Program. If the modification involves an increase or decrease of the Member’s obligations, or if the Member does not accept said modification, he may refuse to accept said modification and may terminate or cancel his enrolment in the Program without charge, penalty or termination fee by giving SAIL notice to that effect no later than thirty (30) days after the effective date of the modification, to the email address indicated on said notice.

SAIL reserves the right to terminate an Account (i) with respect to which the information provided under the provisions of section 8 is incomplete or inaccurate; (ii) if a Member violates these Terms, abuses or uses the Program in bad faith, commits fraud and/or any other action deemed by SAIL to be contrary to the Program or the Members’ interests; and (iii) at its sole discretion. In the event that an Account is terminated under the circumstances described in this section, the Member’s Account access will be revoked; in addition, the Annual Purchase Volume and all benefits recorded in the Member’s Account, including any unused Discount Coupons issued to the Member, will be cancelled and the Member’s Account will be immediately closed.

SAIL reserves the right to terminate the Program, or any portion thereof, at any time after giving the Members written notice of at least thirty (30) days. In the event that SAIL terminates the Program under the provisions of this section, the Members may use all Discount Coupons issued to them by SAIL in connection with the Program within thirty (30) days following the Program’s end date. Upon the expiry of that deadline, access to the Members’ Accounts will be revoked, the Annual Purchase Volume and all benefits recorded in the Members’ Accounts, including any unused Discount Coupons issued to the Member, will be cancelled and the Members’ Accounts will be closed.

In the event that events out of SAIL’s control, including unforeseen circumstances, natural disasters, civil unrest, wars or major changes in the economic context or business conditions significantly compromise SAIL’s willingness or ability to maintain the Program as constituted at that time, the Program may be suspended or terminated, in whole or in part, and any Annual Purchase Volume may be definitively cancelled by SAIL at the end of the notice period. In the event that the Program is interrupted or terminated for any reason, SAIL will under no circumstances be held liable with regard to its Members and will be automatically held harmless for any claims filed by Members relating to the interruption, termination or cancellation of the Annual Purchase Volume or to any other loss stemming from said interruption or termination of the Program.

Members may cancel their enrolment in the Program at any time by giving SAIL written notice to that effect at the address indicated below, or by contacting the Customer Service Department using the form posted on the Website. Once Members have submitted such a request, their Account will be immediately closed, their access will be revoked and their Annual Purchase Volume will be cancelled, without any further formality and without financial penalty. Once their Account has been closed, Members wishing to re-enrol in the Program must re-register. In that event, the Annual Purchase Volume recorded in the Member’s Account immediately prior to the closure may not be re-established and the Account’s content may not be reactivated.

Without notice, SAIL also reserves the right to terminate the registration of any Account that remains inactive for at least two (2) Reference Years and to deem it ineligible for the Program. In connection with these Terms, an Account is considered inactive if a Member makes no purchases of SAIL merchandise in-store or via the Website during a period of two (2) Reference Years, calculated from the most recent date of purchase of SAIL merchandise appearing in the Member’s Account.


MEMBERS ASSUME FULL RESPONSIBILITY FOR ANY LOSSES, EXPENDITURES, DAMAGES, MONETARY DAMAGES, CLAIMS, EXPENSES, ACTIONS, CAUSES OF ACTION AND PREJUDICE CAUSED OR SUPPOSEDLY CAUSED BY PARTICIPATION IN THE PROGRAM, BY THE GOOD OR BAD-FAITH USE OF DISCOUNT COUPONS OR ANY PRIZES OR BENEFITS ATTRIBUTED IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, REGARDING TRANSPORTATION, AS APPLICABLE). TO THE EXTENT AUTHORIZED BY THE APPLICABLE LEGISLATION, MEMBERS UNDERTAKE TO HOLD HARMLESS SAIL PLEIN AIR INC. AND ITS VARIOUS DIVISIONS, INCLUDING, WITHOUT LIMITATION, ITS SAIL DIVISION AND ITS PARENT COMPANIES, MEMBERS OF THE SAME GROUP, SUBSIDIARIES, AGENTS, ADVISORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND REPRESENTATIVES, AND TO HOLD THEM HARMLESS FOREVER WITH RESPECT TO ANY LIABILITY FOR DAMAGES, MONETARY DAMAGES, RIGHTS, CLAIMS, EXPENSES AND ACTIONS OF ANY KIND WHATSOEVER ARISING FROM THE PRECEDING AND FROM THEIR PARTICIPATION IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BASED ON VIOLATIONS OF A MEMBER’S ADVERTISING RIGHTS, DEFAMATION OR AN INVASION OF PRIVACY.

TO THE FULL EXTENT PERMITTED BY THE LAW AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PROGRAM ASPECTS ARE PROVIDED ON AN “AS IS” BASIS BY SAIL PLEIN AIR INC., WITH NO CONDITIONS, DECLARATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLICIT, INCLUDING, WITHOUT LIMITATION, ANY IMPLICIT WARRANTIES REGARDING MERCHANTABILITY, ADAPTATIONS TO A PARTICULAR USE OR LACK OF COUNTERFEITING. UNDER NO CIRCUMSTANCES SHALL SAIL PLEIN AIR INC. BE HELD LIABLE FOR DAMAGES, MONETARY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, WHETHER DIRECT, INDIRECT, ACCESSORY, SPECIAL, EXEMPLARY, PUNITIVE OR CONSECUTIVE, REGARDLESS OF CAUSE, STEMMING FROM THE PROGRAM OR FROM THE RELATED TERMS AND CONDITIONS. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT PERMIT RESTRICTIONS REGARDING IMPLICIT WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO A MEMBER, SOME OR ALL OF THE ABOVE-MENTIONED NOTICES OF NON-LIABILITY, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY; THE MEMBER MAY ALSO ENJOY ADDITIONAL RIGHTS. FOR THE PURPOSES OF THIS SECTION, “SAIL” INCLUDES SAIL PLEIN AIR INC. AND ITS MEMBERS OF THE SAME GROUP, SUBSIDIARIES, AGENTS, ADVISORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND REPRESENTATIVES.


SAIL collects personal information on Members, including, without limitation, their first names, surnames, birthdates, telephone numbers, email and postal addresses, as well as information on their purchases, in accordance with SAIL’s Personal Information Protection Policy which is posted on the Website.


Members must ensure that the contact information they provided is accurate in order to ensure that Program-related information is sent to the right address. Members are solely responsible for informing SAIL about any change of address or other contact information by writing to the address listed below. SAIL is not responsible for any misdirected postal or electronic communications, including any notices under these Terms or any consequences stemming from the fact that information provided by a Member is inaccurate or no longer valid.

A Member’s address or any other contact information listed in his Account may be updated by:

Writing to the following address:
SAIL Plein air inc.,
2850 Jacques Bureau Avenue
Laval, Quebec H7P 0B7
Filling in the info@sail.ca.

QUESTIONS OF COMMENTS ON THE PROGRAM? If you would like to submit a question or comment, please visit the info@sail.ca of our Website.


By checking the “I enrol in SAIL’s Recognition Program” box on the active customer account at sail.ca, all Members certify (i) that they have reached the age of majority in the country, province or territory in which they reside (or have obtained the consent of their parents or legal guardian); and (ii) that they have read and understood these Terms, which may be modified from time to time and are deemed binding on the Member.


With the exception of Program Members residing in the Province of Quebec, these Terms are governed by the laws of the Province of Ontario and by the applicable laws of Canada. With the exception of Program Members residing in the Province of Quebec, all Members acknowledge that the Province of Ontario has jurisdictional competence. For Program Members residing in the Province of Quebec, these Terms are governed by the laws of the Province of Quebec and by the applicable laws of Canada. For Program Members residing in the Province of Quebec, all Members acknowledge that the Province of Quebec has jurisdictional competence.

These Terms constitute the entirety of the agreement between each Member and SAIL with respect to the Program.

Any waiver by SAIL regarding the execution of or rigorous compliance with any provision of these Terms by a Member, whether express or implicit, will only be valid with respect to the specified Terms, and said waiver must not be construed as a waiver of the rights or remedies available to SAIL in the event of non-compliance with or the failure to execute other Terms. Any delay or failure by SAIL to exercise its rights or remedies hereunder must not be construed as a waiver of said rights or remedies or of any other rights or remedies.

The provisions of these Terms are separable. If any provision is deemed invalid or unenforceable, it will not affect the validity or the enforceability of the other provisions hereof.

The employees of SAIL Plein Air Inc. and its divisions may not take part in the Program.

In these Terms, the use of the masculine gender is merely designed to increase the readability of the text.


SAIL Trademarks / Copyright

The SAIL trademark, the figurative trademarks related to SAIL, and all the logos and slogans associated therewith and which appear in the contents of this Website are registered trademarks which are the exclusive property of SAIL PLEIN AIR INC. or its subsidiaries, affiliates or business partners, including the suppliers and manufacturers of the products offered for sale by SAIL. These trademarks are protected under the applicable trademark legislation and regulations in Canada, and throughout the world. All user licenses for all the other trademarks belonging to other entities which appear on this Website, including the suppliers and manufacturers of products offered by SAIL are duly valid.

The trademarks and figurative trademarks appearing in the contents of this Website that do not belong to SAIL are held by their respective owners. SAIL also holds all of the intellectual property rights, whether directly or through licenses granted by their respective owners, authorizing it to use the contents appearing on this Website, including the trademarks belonging to third parties. This also includes all texts, titles, slogans, diagrams, tables, images, videograms, photographs, portraits, descriptions, symbols, drawings and other artistic works, as well as all the arrangements thereof appearing in the contents of this Website.

You may print the pages of this Website for your private and non-commercial use at home provided that the notes on copyright and the materials protected by intellectual property rights remain unchanged, and provided that these terms and conditions of use are complied with, including the laws governing intellectual property rights. You are not authorized to reproduce, print, store, re-edit, change, download, sell or otherwise copy the contents of this Website or any element thereof, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or in any format whatsoever, whether already invented or invented in the future, without obtaining prior written authorization from SAIL. No material, excerpt, quotation, passage or text in this Website shall be construed as constituting or creating a license or any right of use or reproduction of any element whatsoever of this Website. Be advised that SAIL will fully enforce its intellectual property rights.

It is prohibited at all times to change or modify the trademarks, logos or slogans, and the texts, titles, slogans, diagrams, tables, images, photographs, portraits, descriptions, symbols, drawings or other artistic works appearing on this Website. The contents of this Website are protected by copyright, trademark rights, and other applicable intellectual property rights. All rights are reserved.

Hyperlinks

We invite you to click on the hyperlinks appearing on this Website that will then give you access to various other areas of this Website. The function of these hyperlinks is to direct you to relevant information about the products offered on this Website, and some of their features.

Some hyperlinks appearing on this Website will send you to one or more external websites belonging to other entities than SAIL. These hyperlinks are provided to you as informational references only. SAIL has no control over these external websites, has no responsibility whatsoever for their content, and in no way supports the information provided or representations made thereon. The presence of hyperlinks in the contents of this Website leading to external websites shall not under any circumstances be construed as an endorsement by SAIL of the information contained in those external websites, or as indicating that there is an association or joint venture between SAIL and the company operating or owning any such external website.

SAIL makes no representations whatsoever that such external websites will be safe or virus-free and expressly disclaims any liability in that regard. SAIL disclaims any liability for any direct, indirect or consequential damages, including any business interruption, lost profits, loss of software, data or programs, including legal costs and all the related expenses, caused as a result of your access to an external website via a hyperlink contained on this Website.

As a user of this Website, you acknowledge that the use or mere accessing of this Website may entail potential risks of contracting a computer virus on your computer and/or the peripheral devices connected to it. SAIL shall under no circumstances be liable in any manner whatsoever for any damages or losses as a result of the existence or transmission of a computer virus.

Contests

Any in-store contests that you enter via this Website or via a social media platform administered by SAIL are governed by these terms and conditions of use, by the contest rules, and by the applicable laws. By entering any such contest, you agree to be bound by these terms and conditions of use, by the contest rules and by the applicable laws.

Liability

SAIL assumes no liability for any damages or injury, loss or claim, including any business interruption, lost profits, loss of software, data or programs, including legal costs and all the related expenses, arising directly or indirectly from (a) access to this Website or the use thereof, or inability to access it, (b) the purchase or use of goods or services offered by SAIL. SAIL may not under any circumstances be held liable for any damages whatsoever caused to your computer, the data contained thereon, or its peripheral devices. SAIL disclaims all such liability, including any liability for any delays or any failure in data transmission.

Conditions of sale

To purchase any of the items displayed on the SAIL Website, including gift cards, you will at various times be required to enter certain information, including, without limitation, information on the credit card used in paying for the order and the related invoicing. By supplying that information, you are warranting that it is both correct and current. By making a purchase, you are confirming that you agree to pay all charges incurred by you or the users of your credit card pertaining to the order placed. SAIL reserves the right to refuse an order for any reason whatsoever.

Orders placed on the SAIL Website are subject to a process that compares the information that the purchaser provides on the Website with information about the purchaser provided by his or her financial institution. In the event of a discrepancy, your order may be delayed until the information can be corrected.


All prices indicated for products offered on the SAIL Website are in Canadian dollars.


SAIL will use its best efforts to provide you with the best information possible on the in-store and online availability of products appearing on this Website. However, some products appearing on the Website may not be available given that SAIL inventories are updated no more than once a day. Thus, if a product is not available, SAIL will advise you by e-mail and your order for that product will be automatically cancelled. SAIL may also keep your order active by establishing a new delivery date according to product availability.

We recommend that you verify the availability of the products you wish to buy before coming to a store. Quantities may be limited for some products or promotions. Please do not hesitate to contact us before visiting a SAIL store. Please also note that SAIL does not do inter-store transfers of products.


Prices posted on this Website and in SAIL stores are subject to change without notice. Discounts on selected items in the catalogue or otherwise identified are effective while supplies last. SAIL reserves the right to correct any errors in prices indicated on this Website or in our stores. SAIL will use its best efforts to draw your attention to pricing errors as quickly as possible via this Website or in the store. In the case of such an error, SAIL may, in its discretion, refuse a related order or purchase. Prices indicated on this Website may differ from in-store prices, and in-store prices may differ between individual stores.


Except for products specially marked as a "final sale" and except for the products referred to below, any product purchased at a SAIL store or on this Website may be returned for a refund or an exchange (subject to the following terms) within THIRTY (30) DAYS of the purchase.

Products purchased at a SAIL store or on the SAIL Website may be returned in person to any of our SAIL stores. Products purchased online via our Website may also be returned by reshipment, in which case they must be returned to the Longueuil Web Warehouse. Products being returned must not have been used or worn and must be returned in good condition in their original packaging, together with proof of purchase. In the case of a return by reshipment, the return package must indicate your online account number appearing on your receipt. Please note that a product purchased online cannot be exchanged at a store, subject however to the product being available at that particular store, failing which, the product can otherwise only be returned and refunded.

Any product sold at a discount of FORTY PERCENT (40%) or more is deemed to be a final sale. There are no refunds or exchanges for gift cards, firearms, ammunition, crossbows, knives, telescopes, electronic appliances, software, underwear, swimsuits, stockings and socks, cayenne pepper, saline, food products and products marked as a "final sale".

You will not be charged additional costs for making an in-store return. However, you must pay the return shipping costs for a product returned to our Longueuil Web Warehouse. You will be refunded those costs if the product ordered online was damaged during delivery. To be refunded your return shipping costs, you must contact SAIL by telephone or by e-mail at the number and address indicated in the last paragraph of these terms and conditions. Before return shipping a product purchased online, you must contact SAIL by e-mail or by telephone to obtain return authorization. Impossibility of delivery

We are not responsible for orders that cannot be delivered or that are not received because you provided the wrong address for the recipient. Please make sure that the recipient's address is correct and contact Customer Service if you believe that the recipient did not receive the order.


An order made on the SAIL Website cannot be cancelled except for reasons specifically provided for by law


Other than the warranties granted by the manufacturers of products offered for sale on this Website, which are subject to the terms and conditions stated therein, as well as the statutory warranties, SAIL makes no representations of any kind whatsoever and provides no warranties, whether express or implied, of merchantability, quality, fitness for a particular purpose, or concerning the accuracy of the information provided on a product.


Some products offered in SAIL stores or on this Website have inherent safety risks if they are not properly handled or used. We recommend that you exercise care and read all safety instructions carefully that may exist for using the product offered in pursuing your leisure activities.


Unenforceability of any terms and conditions of use

If any of these terms and conditions are held invalid or unenforceable, all other terms and conditions remain valid and enforceable in accordance with their terms. It is the intention of the parties that the provisions of these terms and conditions shall be enforced to the fullest extent permissible under the applicable law.

Therefore, the parties agree that should any provision of these terms and conditions be declared unenforceable, it shall be deemed amended to the extent necessary to render it enforceable in accordance with the intention of the parties.

Waiver of terms and conditions of use

The non-performance of a provision hereof does not constitute a waiver of the right to subsequently enforce that provision. This agreement ensures to the benefit of, and is binding to the parties and their successors and assigns.

Force majeure

If SAIL's performance of any of its obligations stipulated herein or in the order confirmation is delayed due to an event of force majeure or for any other reason beyond SAIL's control, the date of performance shall then be extended by a period equal to the delay.

Customer Service

To contact Customer Service for either SAIL store, click on Our Store. for the contact information and store hours.You can also submit questions or comments to us by filling out the form on the info@sail.ca page.

General

SAIL's Website and its contents are the exclusive property of SAIL PLEIN AIR INC./ SAIL OUTDOORS INC. ("SAIL"). SAIL's head office is located at 2850 Jacques-Bureau Avenue, in Laval, Quebec, H7P 0B7. You can reach us by phone or email: 450-688-6264 / info@sail.ca.