Last updated: September 2026
These general terms and conditions (GTC) apply to all contracts you conclude with Canvas Solutions GmbH, Osterbrooksweg 27, 22869 Schenefeld, under the brand Beilken Sails (hereinafter „Beilken“, „we“ or „us“). They govern the manufacture and delivery of custom-made sails, the sale of stock items, accessories and used sails as well as repair, service and storage services. Please read these terms carefully before accepting a quote or placing an order. You can view, print and save these GTC here at any time.
Section 1 Scope and definitions
(1) These GTC apply to all contracts between Beilken and customers concluded via our website beilken.de, by e-mail, by telephone, in writing or at our loft. They apply in the version valid at the time the contract is concluded.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (section 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, acts in the exercise of their trade, business or profession (section 14 BGB). Where individual provisions of these GTC expressly apply only to consumers or only to entrepreneurs, this is indicated; all other provisions apply to both.
(3) The following applies to entrepreneurs: deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if we have expressly agreed to their validity in text form. This also applies if we perform the service without reservation in the knowledge of such terms.
(4) The contract language is German. Individual agreements with the customer (including ancillary agreements, additions and amendments) always take precedence over these GTC.
Section 2 Our services
(1) Custom sails. We make sails, covers and comparable products individually according to the measurements, requirements and equipment requests specified by the customer. These are contracts for the supply of movable goods to be produced (contracts for work and materials, section 650 BGB), to which sales law applies.
(2) Stock items and accessories. Where we offer prefabricated goods such as sail bags, fittings, slides, battens or other accessories, these are purchase contracts.
(3) Used sails. We sell used sails in the condition described in the quote. Age, signs of use and known previous damage are stated in the quote.
(4) Repair, service, storage. We provide repair and service work on our own and third-party sails, bending sails on and off, rig checks and the storage of sails as work or service contracts. Section 13 applies in addition.
(5) Information on our website, in catalogues, price lists, in the sail configurator and in information material does not constitute a binding offer but an invitation for you to make us an offer or send us an inquiry. Prices, dimensions, weights, delivery times and illustrations on the website are guide values; only the details in our quote and in the order confirmation are binding.
Section 3 Conclusion of contract
3.1 Inquiry via configurator and forms
(1) Using the sail configurator and the quote forms on our website you can put together a sail and send us a non-binding inquiry. The price shown in the configurator is an automatically calculated, non-binding guide based on your entries. By sending the inquiry you do not yet submit a binding offer and do not enter into any payment obligation.
(2) We confirm receipt of your inquiry by e-mail without delay. This acknowledgement of receipt is not an acceptance and does not yet create a contract.
3.2 Quote by Beilken
(1) We check your inquiry professionally (in particular measurements, choice of cloth, equipment and plausibility) and send you a binding quote by e-mail, usually as a PDF. The quote contains the essential characteristics of the sail, the total price including VAT, the shipping costs, the payment terms, the delivery time and a note on the existence or non-existence of a right of withdrawal. These GTC, the withdrawal policy and the privacy policy are sent with it or linked.
(2) We are bound by our quote for the period stated in it; if no period is stated, the binding period is 30 calendar days from the date of the quote. After this period the quote lapses; a later acceptance is deemed to be a new inquiry.
3.3 Acceptance by the customer, conclusion of the contract
(1) The contract is concluded when you accept our quote within the binding period. Acceptance may be given
- online via the link to your personal order page contained in the quote: there you can once again see all essential details of the sail, the total price and the shipping costs, check and correct your entries and declare acceptance by clicking the button „Order with obligation to pay“; or
- in text form (e.g. by e-mail or letter) by a clear statement that you accept the quote.
(2) After your acceptance you will receive an order confirmation from us by e-mail, which again sets out the full content of the contract (sail, measurements, equipment, price, delivery time, payment terms) and to which these GTC and the withdrawal policy are attached. Please check the order confirmation carefully and inform us immediately of any deviations from your expectations so that we can clarify them before production begins.
(3) We store the text of the contract. You can view it via the order confirmation and, if you have created a customer account, at any time in your customer account under „My account“. You can correct input errors before sending the inquiry and before accepting the quote using the usual keyboard and mouse functions and the correction options on the respective page.
3.4 Direct ordering of stock items
Where we offer stock items or accessories for direct ordering via our online shop, you submit a binding offer by clicking the button „Order with obligation to pay“ at the end of the ordering process. We accept this offer by an order confirmation by e-mail or by delivering the goods within five working days. The automatic acknowledgement of receipt does not yet constitute acceptance.
3.5 Repair and service orders
Repair and service orders are concluded by our order confirmation or by starting the work after your approval. Details are governed by section 13.
Section 4 Measurements, measurement forms and the customer’s cooperation
(1) We make custom sails according to the measurements and details you provide in the configurator, in the quote forms, on our measurement forms or in any other text form. Your measurements are binding for production. We are not obliged to check the accuracy of the measurements, sketches, samples or old sails you provide, nor to determine whether the sail ordered is suitable for your boat, your rig or your intended use. We accept no liability for deviations resulting from incorrect or incomplete information.
(2) If we notice inconsistencies or implausible details when checking your information, we will contact you before production begins. The delivery time is extended by the period required for clarification.
(3) Measuring on the boat by our sailmakers, bending sails on and off and test sails are additional services which are only owed if expressly agreed and are charged separately. If we have carried out the measuring, we are responsible for the accuracy of the measurements we have taken.
(4) Insofar as you provide us with old sails, samples, fittings or other materials, you warrant that these are suitable for the intended purpose. We accept no liability for the suitability and condition of materials provided by you.
(5) For work on board (measuring, bending sails on and off, rig checks) you must make the boat safely accessible, ready for use and with functioning standing and running rigging available at the agreed appointment. We may charge for wasted journeys for which you are responsible at the rates stated in the quote.
(6) Change requests after conclusion of the contract (e.g. different measurements, different cloth, additional equipment) can only be taken into account as long as cutting has not yet begun. Changes require an agreement in text form; we will inform you in advance of any resulting additional or reduced costs and extensions of the delivery time.
Section 5 Quality, tolerances, class rules and sail insignia
(1) Sails are hand-crafted products made of textile materials. Production-related deviations from the agreed dimensions which lie within customary craft tolerances and do not impair the use, set and function of the sail do not constitute a defect. The same applies to deviations in colour, structure and surface of the cloth within the tolerances stated by the cloth manufacturer, as well as to production-related crease and fold marks which settle during use.
(2) The properties of the cloth used (e.g. stretch, UV resistance, weight, service life) follow from the information provided by the respective cloth manufacturer, to which we refer in our sail information. We select the cloth according to your specifications and our professional recommendation.
(3) Class rules and measurement. We only owe conformity of a sail with the class rules of a boat class, with measurement rules (e.g. ORC, IRC or Yardstick) or with racing rules if this is expressly agreed in the quote. The rules valid at the time the contract is concluded are then decisive. Measurement, certification and rating are not part of the contract unless separately commissioned.
(4) We apply sail numbers, national letters, class insignia and logos according to your specifications. You are responsible for the accuracy of numbers and insignia. If you provide us with logos, graphics or lettering, you warrant that you hold the necessary rights and indemnify us against claims by third parties arising from an infringement of trade mark, copyright or other rights through the use of these templates.
Section 6 Prices and payment
(1) All prices are in euros including the applicable statutory VAT. Shipping and packaging costs are shown separately in the quote and on the order page; further details can be found on the page Shipping and Delivery. For deliveries to countries outside the European Union, customs duties, import VAT and fees may also apply, which you bear.
(2) The following applies to entrepreneurs: prices are net plus VAT unless otherwise stated in the quote.
(3) Down payment for custom-made items. We make custom sails exclusively for you; they cannot be used elsewhere by us, and we have to purchase cloth and fittings specifically for the order. Therefore, a down payment of 50 % of the order total is due when the contract is concluded, unless otherwise agreed in the quote. We start production once the down payment has been received; the delivery time runs from that moment (section 7). The remaining amount becomes due when we notify you of completion and must be paid before dispatch or on collection. For stock items, accessories and repairs the payment terms follow from the quote or the order page.
(4) You will find the payment methods we offer on the page Payment Methods and in your quote. At least one common payment method that is free of charge for you is always available.
(5) If you default on a payment, the statutory provisions apply (sections 286, 288 BGB). We are entitled to postpone execution of the order until payment has been received; the delivery time is extended accordingly.
(6) You are only entitled to set-off if your counterclaims have been legally established, are undisputed or have been acknowledged by us, or if they are based on the same contractual relationship, in particular on defects in the goods delivered by us. You may only exercise a right of retention on the basis of claims arising from the same contractual relationship.
Section 7 Delivery time, shipping, collection and passing of risk
(1) The delivery time follows from the quote and the order confirmation; it is stated as a period in weeks. For custom-made items the delivery time starts when the agreed down payment has been received and all details required for production have been fully clarified (section 4 (2)); for stock items it starts when the contract is concluded, or on receipt of payment in the case of payment in advance. If the end of the delivery period falls on a Saturday, Sunday or public holiday, it ends on the next working day.
(2) In the season from February to June our workload is particularly high. We recommend enquiring about new sails early. Please note that special equipment and cloths that we do not keep in stock can extend the delivery time; we take this into account in the quote.
(3) If we cannot meet a delivery deadline due to circumstances beyond our control (in particular force majeure, natural events, epidemics, strikes, official measures, failure of transport routes or late delivery by our cloth and fittings suppliers despite our having concluded a congruent hedging transaction), we will inform you without delay and give you the expected new delivery date. If the service is not available within the new period either, both parties are entitled to withdraw from the contract; we will refund payments already made without delay. Your statutory rights in the event of delays for which we are responsible remain unaffected.
(4) We only make partial deliveries if they are reasonable for you and do not result in additional shipping costs for you.
(5) Shipping. We ship to the countries listed on the page Shipping and Delivery. Shipping is carried out by parcel services or freight forwarders to the delivery address you provide.
(6) Collection. On request you can collect your sail free of charge from our loft at Dampfschiffsweg 11, 21079 Hamburg, during business hours. We will notify you as soon as the sail is ready for collection. If the goods are not collected within four weeks of this notification, we may ship them at your expense or, after a further period of two weeks, charge a storage fee of 1 % of the order value, but no more than €25 for each month commenced; both parties remain free to prove that the actual expense was lower or higher.
(7) Passing of risk. If you are a consumer, the risk of accidental loss and accidental deterioration of the goods passes to you only upon handover to you or to a person designated by you, irrespective of whether the shipment is insured. If you are an entrepreneur, the risk passes to you when the goods are handed over to the transport company, or, in the case of collection, upon notification that the goods are ready for collection.
(8) Please check consignments on receipt for externally visible transport damage and have this confirmed by the carrier or inform us. This helps us to assert claims against the transport company. Your statutory warranty rights remain unaffected; failure to give notice has no legal disadvantages for consumers. Section 11 (6) applies to entrepreneurs.
Section 8 Retention of title
(1) The delivered goods remain our property until the purchase price has been paid in full.
(2) The following applies in addition to entrepreneurs: the retention of title exists until all claims arising from the current business relationship have been fulfilled. The customer may resell the goods subject to retention of title in the ordinary course of business; the customer hereby assigns to us the resulting claims in the amount of our invoice value, and we accept this assignment. Pledging and transfer by way of security are not permitted. The customer must notify us without delay of any access to the goods by third parties.
Section 9 Right of withdrawal for consumers
(1) For contracts concluded exclusively by means of distance communication (website, e-mail, telephone) or away from business premises, consumers generally have a statutory right of withdrawal. Details, deadlines and the model withdrawal form can be found in our withdrawal policy. You can also declare your withdrawal online using the function „Withdraw from contract“.
(2) No right of withdrawal for custom sails. Pursuant to section 312g (2) no. 1 BGB there is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. This applies in particular to all sails, covers and accessories that we manufacture to your measurements, your choice of cloth and equipment, with your sail number or your insignia. We point out the non-existence of the right of withdrawal separately in the quote and on the order page before the contract is concluded.
(3) For prefabricated stock items, accessories and used sails the right of withdrawal applies in accordance with the withdrawal policy.
(4) In the case of repair and service work, the right of withdrawal expires if we have started and fully performed the service at your express request before the withdrawal period has expired. If you withdraw before full performance, you owe us a reasonable amount for the services provided up to the withdrawal.
Section 10 Cancellation and termination of custom-made items
(1) In the case of custom-made items you may terminate the contract at any time until completion (section 650 in conjunction with section 648 BGB). In this case we are entitled to the agreed remuneration less what we save in expenses as a result of the termination or acquire or maliciously fail to acquire through other use of our labour and materials.
(2) As a guideline: until cutting begins we only charge the costs actually incurred up to that point (in particular cloth and fittings already ordered for the job and planning and design work). Once cutting has begun, other use of the material is generally no longer possible. You remain free in any case to prove that we incurred lower costs or saved higher expenses.
Section 11 Warranty (liability for defects)
(1) The statutory rights in respect of defects apply. For consumers the limitation period for claims for defects in new goods is two years from delivery of the goods; it is extended in accordance with statutory provisions if we repair the goods as part of subsequent performance. We do not impose any further restrictions on these rights vis-à-vis consumers.
(2) Please report defects to us as promptly as possible, stating the order number, a description and, where possible, meaningful photographs, to info@beilken.de. On the first notification of a defect we will inform you of your right to choose between repair and replacement and of the consequences of a repair for the limitation period.
(3) In particular, there is no defect in the case of
- natural wear and ageing, in particular due to UV radiation, salt, chafing on spreaders, shrouds and pulpit, flogging and continuous loads (sails and covers are wear parts);
- mildew stains, mould, algae and green deposits as well as discolouration caused by damp or improper storage;
- damage caused by overloading, use beyond the wind range recommended by the cloth manufacturer or by us, improper reefing, incorrect trim or operating errors;
- damage caused by modifications or repairs carried out by third parties without our consent;
- deviations resulting from incorrect measurements or materials supplied by the customer (section 4), as well as customary craft tolerances (section 5 (1)).
(4) Place of subsequent performance. Subsequent performance takes place at our loft in Hamburg or at a specialist company commissioned by us. Please agree the shipment with us in advance; on request we will organise collection. If there is a defect, we bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, in accordance with statutory provisions.
(5) Used sails. When selling used sails to consumers, the limitation period for claims for defects is one year from delivery if we informed you of this specifically before the contract was concluded and expressly and separately agreed it with you; otherwise the statutory period of two years applies. Signs of use and previous damage described in the quote do not constitute a defect.
(6) The following applies to entrepreneurs by way of derogation: the limitation period for claims for defects is one year from delivery; this does not apply to claims for damages under section 14 or in the cases of sections 438 (1) no. 2, 445b and 634a (1) no. 2 BGB. When selling used sails to entrepreneurs, warranty is excluded unless section 14 applies. The customer must inspect the goods without delay after delivery and report obvious defects without delay, at the latest within seven working days, and hidden defects without delay after discovery, in text form (section 377 HGB); otherwise the goods are deemed approved. We determine the type of subsequent performance (repair or replacement) at our reasonable discretion.
Section 12 Guarantees
(1) We only assume a guarantee going beyond statutory liability for defects if it is expressly designated as such in the quote or in a separate guarantee declaration. The content of such a guarantee follows from the respective guarantee declaration.
(2) Guarantees given by cloth and fittings manufacturers are independent declarations by those manufacturers. We are happy to support you in processing them but do not assume any obligation of our own as a result.
(3) Your statutory rights in the event of defects are not restricted by guarantees and can be asserted free of charge.
Section 13 Repair, service, third-party sails and storage
(1) Cost estimate. After receiving the sail we check its condition and send you a cost estimate with the recommended work, the price and the expected processing time. We only charge for the inspection if this was agreed in advance or if the order is not placed; in this case the inspection fee is the amount stated in the cost estimate. Cost estimates are non-binding unless they are expressly designated as a fixed price. If it emerges during the work that the costs will exceed the cost estimate by more than 15 %, we will obtain your consent before continuing.
(2) Condition of the sail. For repairs to used and third-party sails we only warrant the work carried out by us and the materials used by us, not the remaining condition of the sail. In the case of cloth weakened by age or UV, brittle seams or previous damage, a repair may only be of limited durability or may lead to consequential damage to the surrounding cloth; we point this out in the cost estimate. Because of the wide range of possible soiling and material conditions, we cannot warrant the result of cleaning and impregnation unless a specific result has been expressly agreed.
(3) Delivery. Please deliver sails dry, cleaned and with your name, contact details and the purpose of the order. Delivery and return are at your expense and risk unless otherwise agreed; on request we will organise the transport.
(4) Collection and storage. After notification of completion the sail must be collected within four weeks or it will be shipped at your expense. For sails not collected within this period, and for agreed winter and summer storage, we charge the storage fee stated in the quote or in our price list. We keep stored sails dry and properly; insurance against fire, water, theft or natural hazards only exists if expressly agreed. We are liable for stored sails in accordance with section 14.
(5) Lien and realisation. We have the statutory contractor’s lien (section 647 BGB) over the customer’s sails in our possession in respect of our claims arising from the order. If you fail to collect a sail despite two requests in text form and the setting of a reasonable period of at least four weeks with a reference to the consequences, we are entitled to realise the sail in accordance with statutory provisions (sections 1234 et seq. BGB) and to pay out the proceeds to you after deducting our claims and costs.
(6) For repair and service work, the statutory limitation period for claims for defects is two years from acceptance for consumers and one year from acceptance for entrepreneurs; the exceptions listed in section 11 (6) apply accordingly.
Section 14 Liability
(1) We are liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence on the part of us, our legal representatives or vicarious agents, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee and under the German Product Liability Act.
(2) In the event of slightly negligent breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
(3) In all other respects our liability for slightly negligent damage is excluded.
(4) The above limitations of liability also apply for the benefit of our employees, legal representatives and vicarious agents.
Section 15 Notes on use, care and safety
(1) Sails are wear parts whose service life depends substantially on use, wind range, trim, care and storage. Please observe the instructions for use and care supplied with the sail and the cloth manufacturer’s information on the recommended wind range. Store sails dry, free of salt and protected from UV radiation and have them checked regularly by a sailmaker.
(2) The use of sails requires compliance with the rules of good seamanship. The assessment of whether a sail can be set or reefed in the given conditions is the sole responsibility of the person in command of the vessel. Our sails are not safety equipment and do not replace the safety equipment prescribed on board.
Section 16 Copyright and rights of use
(1) Designs, cutting data, drawings, calculations and other documents created by us remain our intellectual property. Upon full payment we grant you a simple, non-transferable right of use for contractual purposes. Passing them on to third parties, in particular to other sailmakers, or reproducing them for the purpose of re-manufacture is not permitted without our consent.
(2) We are entitled to show sails we have made for you in photographs and videos for our advertising and references, unless you object in text form when the contract is concluded or later. We only publish boat names and personal data with your consent.
Section 17 Data protection
You can find out which personal data we process in connection with inquiries, quotes, orders and customer accounts, and what rights you have, in our privacy policy.
Section 18 Dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG). If you have questions or complaints you can reach us at info@beilken.de or by phone on +49 421 6753120; we endeavour to find an amicable solution.
Section 19 Final provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of Canvas Solutions GmbH. In this case we are also entitled to sue at the customer’s general place of jurisdiction. For entrepreneurs, the place of performance for deliveries and payments is our registered office.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions and of the contract in other respects remains unaffected. The statutory provisions take the place of the invalid provision.
(4) You can view, print and save these GTC on this page at any time. You will also receive them with every quote and every order confirmation.
Canvas Solutions GmbH · Beilken Sails
Osterbrooksweg 27, 22869 Schenefeld · Loft: Dampfschiffsweg 11, 21079 Hamburg, Germany
Phone +49 421 6753120 · info@beilken.de
Managing Director: Boris Raul Brauer · Amtsgericht Pinneberg, HRB 20048 PI · VAT ID DE269036959
