General Terms & Conditions

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.upffront.com/ website (the "Service") operated by Upffront GmbH ("us", "we", or "our"). 

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Upffront GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Upffront GmbH.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Upffront GmbH.

Upffront GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Upffront GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Upffront GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Upffront GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Schleswig-Holstein, Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Foredeck Club Terms & Conditions

Please read these Upffront Foredeck Club Terms & Conditions carefully. By applying to the Upffront Foredeck Club, you agree to these Upffront Owners Club Terms & Conditions, which constitute a binding legal agreement between you and Upffront GmbH., the sponsor of the Program

These Upffront Foredeck Club Terms & Conditions together with the Upffront Privacy Policy govern your use of the Upffront Foredeck Club, promotions, offers and prizes (collectively the “Program”) provided by Upffront (the Program sponsor), its affiliates and subsidiaries, participating retailers and the Program Administrator (collectively, “we,” “us” and “our”). By applying for membership to the Program, you, the applicant, hereby accept and agree to be bound by these Upffront Foredeck Club Terms & Conditions. As used herein, the words “applicant,” “you” and “your” mean applicants to the Program. If your application is accepted, you will become a Program member (“Member”). If you do not accept and agree to these Upffront Foredeck Club Terms & Conditions and Privacy Policy (https://www.upffront.com/privacy), do not use the Program or any of the services provided herein.

You may terminate your membership in the Program at any time by giving written notice to the Program Administrator ([email protected]). Upffront reserves the right to modify these Upffront  Foredeck  Club Terms & Conditions and Privacy Policy by posting new versions as well as the right to provide additional notice of significant changes. If you do not agree with these Upffront  Foredeck  Club Terms & Conditions and Privacy Policy, including changes thereto, or any guidelines and rules posted, THEN DO NOT USE THE PROGRAM. Your continued membership use of the program following the posting of any changes to the Upffront  Foredeck  Club Terms & Conditions constitutes acceptance of those changes.

Any offer for any feature, product or service made through the program is void where prohibited.

1. Program Content. The Program and all material posted or provided through the Program (collectively, “Program Content”) may be used solely for the limited purposes set forth herein. You may view and print portions of the Program Content only for your own personal non-commercial use but not for resale or other commercial exploitation and not for use other than as provided in these Upffront  Foredeck  Club Terms & Conditions. Any other use of Program Content without our prior written approval is strictly prohibited. We reserve the right to suspend and/or terminate any Member at our sole discretion. 

2. All Rights Reserved. Everything you see or read using the Program, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Program Content, is protected by copyright and trademark laws, and may not be used except as provided herein without our express written permission. The Program website and any necessary software or other technology used in connection with the Program website and/or Program (software), the collection, compilation, assembly and arrangement of Program Content, is owned by us and/or our licensors and used under license granted to us and contains proprietary and confidential information. 

3. Membership to the Program is free and open to all Boat Owners aged 18 years or older except employees, contract staff and/or officers or directors of Upffront GmbH and its parent company, affiliates, subsidiaries, on-site service providers, members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or persons living in the same household of such individuals (whether related or not). Application to the Upffront Owners Club can be made by completing the online registration form at http://info.upffront.com/member-program

4. We, in our sole discretion, may refuse any application for membership. An eligible applicant whose application is accepted becomes a Member. Incomplete applications will be deemed invalid. No responsibility will be taken for lost or misdirected applications. 

5. Membership Confirmation. You can only apply for membership in your own name. We reserve the right to request an applicant to provide appropriate photo identification or other documentation in order to verify to our satisfaction your identity, age, residential address, eligibility to apply for Program membership and any information submitted when applying for Program membership. If the documentation is not received or an applicant’s details have not been verified or validated within the time requested, the applicant will not be admitted to the Program. 

6. Each Member is limited to only one Program membership. Any subsequent applications received from an eligible applicant after their first membership application is received will be deemed invalid. You may not share your Program membership. 

7. The Member is responsible for maintaining the strict confidentiality of their login details for the upffront.com Website and is responsible for any activity under their account. You agree to immediately notify the Program Administrator of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password and control access to and use of your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision. 

8. If you use any social media platform (“Social Media Platform”) to participate in a program related promotion: you consent and acknowledge that your personal social media site may be updated by accessing the Program via social media, including Facebook, Twitter and any Social Media Platform. You consent to the disclosure and transfer of your Personal Information, by the Program Administrator to Social Media Platforms for purposes relating to the Program. Use of Social Media Platforms and links to any third party sites are subject to the terms and conditions and privacy policies of such third parties. 

9. The Program is not sponsored, endorsed or administered by, or associated with, any Social Media Platform. You are solely responsible and liable for any content or information you transmit to other Internet users. To the extent permitted by law, you agree to indemnify, defend and hold us, upffront GmbH (the “Program Administrator”) and their associated agencies and companies harmless, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by you and that arise out of or relate to your participation in the Program. Any questions, comments or complaints about the Program must be directed to the Program Administrator and not to any Social Media Platform. 

10. We may terminate or suspend any person’s membership of the Program in our sole discretion and without notice for any legal reason. The Program Administrator’s decision in relation to all aspects of the Program is final without right of appeal. 

11. Any tax, liability or duty arising from your Membership to or participation in the Program is your responsibility. 

12. Participating affiliates, trade partners or retailers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Upffront or the Program Administrator. Upffront and the Program Administrator accept no liability in respect of such representations, warranties or statements. 

13. Any attempt to cause malicious damage or interference with the normal functioning of the Program website, or to otherwise undermine the legitimate operation of the Program may be a violation of criminal and civil laws. You agree to indemnify us any such losses, damages and costs. 

14. We are not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to an applicant’s or any other person’s mobile handset or computer related to, or resulting from, participation in the Program or the downloading of any materials related to the Program. 

15. If for any reason the Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond our reasonable control, we reserve the right to cancel, terminate, modify or suspend the Program. 

Gift Card Terms & Conditions

Gift Cards are valid on all products on site, including the latest in sailing hardware and rigging. Choose from thousands of sailing products and accessories from top brands.

Redeem against any purchase in the Upffront.com store

The full value of the Gift Card must be used in a single order

The voucher codes are case sensitive and must be entered exactly as displayed

Gift Card Expires 12 months after date of purchase

Gift Cards are issued by Upffront GmbH

Add this Gift card to your cart and after checkout you will receive a confirmation of order followed by a Gift Card voucher code by separate mail. Please allow up to 2 working days for your gift card voucher to arrive.

1. Definitions

1.1 In these Terms and Conditions, the following definitions will be used.

Buyer means the person who purchases the Gift Card.

Product means all products available on our webshop.

Terms and Conditions means these Terms and Conditions, including updates, alterations and possible appendices, published on the Upffront website.

User means the end-user of the Gift Card, who shall use such Gift Card to purchase a Product from the  Upffront  webshop.

Webshop means our online shop section where you can acquire information about our Products and purchase them: www.upffront.com.

Website means our website:  www.upffront.com.

You means the Buyer and/or the User of the Gift Card, as applicable.

2. Scope of Application

2.1 These Terms and Conditions apply in full to anyone purchasing, using or attempting to use a Gift Card.

2.2 By purchasing, using or attempting to use a Gift Card: a. You accept and agree that you as a Buyer or User are bound by these Terms and Conditions; and b. You acknowledge that you have read and understood the information concerning the  upffront  Privacy and Cookie Policy.

3. Purchase and Delivery of Gift Cards

3.1  upffront  offers Gift Cards that can be purchased and redeemed through the  upffront  webshop. You must have an account with  upffront  to purchase or use Gift Cards. If you do not have an Account, the purchase of a Gift Card will result in the creation of an account.

3.2 Gift Cards will be provided by  upffront  in electronic form only, through the provision of a Gift Card Code.

3.3 When purchasing the Gift Card, the Buyer can choose from two (2) delivery options: (a) Send email to the User of the Gift Card with the Gift Card Code; (b) Send email to the Buyer who can then decide how and when to pass on the Gift Card to the User. The choice of delivery option does not affect the issue date of the Gift Card, as described below.

3.4 Once the payment of the Gift Card has been processed, the Buyer will receive an email to confirm this. The receipt of the confirmation email shall be considered the issue date and the Gift Card will be valid for three (3) years from this date.

3.5 The Buyer can cancel the purchase of the Gift Card within fourteen (14) days of the receipt of the Gift Card, without any explanation and without incurring any fees, provided the Gift Card has not been used. If you wish to cancel the purchase of the Gift Card, you must contact Customer Support within the term of fourteen (14) working days.  upffront  shall not under any circumstances provide any reimbursement from cancellation of the purchase that is requested outside the fourteen (14) working days period.

3.6 The Product that can be purchased with the Gift Card will only be delivered within the European continent and warranty related assistance can only be granted if requested from one of the following European continental countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holy See (Vatican City State), Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, The UK.

4. Payment and Charges

4.1 Our Gift Card will be charged in Euro (€).

4.2 All Charges are gross prices and will be equivalent to the amount placed on the Gift Card for later use.

4.3 The Charges for the Gift Card will be the amount that you have selected on the Webshop, and will be made known to you for confirmation before you conclude your purchase. Charges must be paid in accordance with the instructions as specified by us on either the Webshop, the invoice or by other means.

4.4 The payment of your purchase may be made by the following payment methods: Bank transfer, SOFORT banking, iDEAL, PayPal and Credit Card.

4.5 Your order only becomes final when we receive the full payment of the applicable Charges. Once the payment has been received, you will receive a confirmation email of your purchase.

5. User

5.1 When purchasing a Product with the Gift Card, the User will not receive any change for the outstanding amount on the Gift card. The amount on the Gift Card can only be spent on the  upffront  webshop.

5.2 The balance on the Gift Card can only be used on our webshop.

5.3 The Gift Card may be used to make a purchase up to the balance that is loaded onto the Gift Card at the time of its purchase. However, the User can also pay a portion of the Product using the Gift Card, and the rest using other accepted means of payment.

5.4 The Gift Card can only be exchanged for the Product provided in these Terms and Conditions and may in no case be exchanged for the monetary value of the Gift Card.

5.5 The Gift Card may not be combined with other Gift Cards.

5.6 The Gift Card does not have a repayment value and cannot be exchanged for cash, nor can an advance payment in cash be made for any portion of the balance loaded onto the Gift Card at the time of its purchase.

5.7 When purchasing the Product with the Gift Card, the general Terms and Condition of Purchase apply, including your right to Cool-off within 14 days from the receipt of the Product. In the event that you exercise this right, you will be reimbursed the monetary value of the Gift Card in the form of a voucher for use at a later stage.

6. Term of Validity

6.1 The Gift Card can be used to purchase the Products in the three (3) years following its purchase. After this three (3) year period following the date of the purchase, you can no longer use the Gift Card, nor can you request repayment of the balance on it. Therefore, please make sure the Gift Card is used before its expiry date (three (3) years from issue date).

6.2 After the expiry of the term of validity of the Gift Card, any balances on the Gift Card will expire.

7. Returns and Cancellations

7.1 The Gift Card cannot be reimbursed and cannot be returned, except insofar as statutory rights provide for that, for example in the event of defects or in the circumstances as described in Article 3.4. The Gift Card cannot be cancelled. Only the buyer of the Gift Card can get a refund.

8. Loss or Theft

8.1 The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by U pffront  to the Buyer of the Gift Card. U pffront  has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by contacting Customer Support.

9. Privacy and Data Protection

9.1 Any personal details provided in connection with the Gift Card will be processed in accordance with our privacy policy. It is important that you carefully read and understand this information.

9.2 All data collected by us will be used and processed exclusively within the framework of the current German and European Union data protection laws and in accordance with our data protection and privacy policies.

10. U pffront  right to termination, cancellation or refusal of a transaction

10.1 U pffront  can terminate this agreement, cancel the Gift Card or refuse a transaction if we suspect that the Gift Card is being used in a fraudulent, improper or unlawful manner, or if we have reason to assume that you are in breach of this agreement.

11. Limitation of liability

11.1  upffront  accepts no liability for loss, theft, destruction or improper use of Gift Cards, unless this is the result of negligence on the part of U pffront .

11.2  upffront  cannot be held liable for loss of turnover, use, profit, expected profit, contracts, income, goodwill or expected savings; loss of details or of use of details; or consequential loss, extraordinary loss or indirect loss, including if it has been informed of the possibility of such loss.

11.3 Without prejudice to the conditions of this agreement, U pffront ’s liability towards you is limited to the amount of the balance on the Gift Card if one of the following events takes place (in which case the earliest of these events applies):

the Gift Card is cancelled by U pffront ;

this agreement is terminated by U pffront .

11.4 Nothing in this agreement serves to exclude or limit liability for:

death or personal injury due to negligence;

deliberate deception;

any other form of liability that cannot legally be excluded or limited.

12. Changes to Terms and Conditions

12.1 U pffront  reserves the right to amend the terms of this agreement by publishing an amended version on  upffront .com at all times, if such amendement:

Is made in relation with the introduction or development of new systems, working methods, services or facilities (including but not limited to the addition or cancellation of goods that can be paid for with the Gift Card);

Is made in connection with a change in or expected change in or expected change in market conditions or general good practice;

Serves to implement a contractual, statutory or administrative stipulation that is binding for U pffront  or changes in any applicable legislation;

Serves to make the conditions of this agreement more reasonable or clearer to you;

Serves to correct any mistakes that might come to light at any stage; or

Takes place with your permission

13. Applicable law and dispute resolution

13.1 All contracts concluded with  upffront  shall be governed by German law.

13.3 You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in these Terms and Conditions restricts such rights you may have.