General sales conditions
Starting from May 24th 2018
The following General Sale Conditions regulate the offer and the sale of the products on this website www.northsails.com (Website).
The products bought on the website are offered and sold by Tomasoni Topsail S.p.a. with registered office in Milan, via Luca Signorelli 10 (VAT N° 08768270152) fully paid equity Euro 5.000.000,00 PEC: email@example.com , belonging to NSG Apparel BV Group (North Sails).
1. Scope of application
1.1 The sale of products through the website (Products) is a ‘distance contract’ regulated by Capo I, Title III (art. 45 and followings) of legislative decree n. 206 of September the 6th 2005 (Consumer Code) and also regulated by legislative decree n. 70 of April the 9th 2003, concerning the discipline and the rules of electronic commerce.
1.2 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions. The General Sale Conditions applicable are the ones in force at the same date of the purchase order on the website.
1.3 Current General Sales Conditions are not available and do not regulate the sale of products and the supplying of services provided by different subjects from Tomasoni Topsail presents on the website through links, banners or others hyperlinks. Before realizing any commercial transaction with these different subjects everyone must verify their sales conditions. North Sails is not responsible of the supplying of services and / or sale of products made by these subjects.
2. Purchases on the Website
2.1 You can access to our website only if you are 18 years old or older.
2.2 You can take benefit of the special sales / offers on the website only if you are an end consumer, as established by art. 3, co. 1, let. a) of Legislative Decree 206/2005 (Consumer Code). End consumer is a physical person not acting for commercial, crafts, entrepreneurial or professional activity eventually performed.
2.3 In any case Retailers or jobbers and generally all subjects who would like to buy the Products to sell them again cannot buy on the Website.
The mentioned subjects are forbidden to register on the Website and buy on it.
2.4 North Sails can reject or cancel all the orders received by (i) an user with whom it has a legal dispute; (ii) an user who in the past already infringed the present General Sale Conditions; (iii) an user who defrauded in using different methods and, in particular, who arranged defrauded payments by credit cards; (iv) an user who released false incomplete or inexact or wrong identification data, or who didn’t send to North Sails the requested documents or who sent to North Sails invalid documents; (v) an user who doesn’t have sufficient solvency guarantees.
3. Registration on the Website
3.1 The buying of the products on the Website is allowed both to registered users and to not registered users to the Website. The registration to the Website is free. To register to the Website the end consumer must fill the registration form he can find to the link “Login” available in all the pages of the Website.
3.2 The registration credentials must be used only by the user who created them and cannot be given to anyone. The user commits to keep them secrets and makes sure that none can use them and also commits to inform immediately North Sails, by contacting her as indicated in art. 14, in case of unauthorized use and / or disclosure of them.
The user guarantees that provided personal informations during registration procedure to the Website are true and complete. The user accepts to keep North Sails safe from any damage, obligation of indemnity and/or any penalty resulting by and/or in any case linked to the violation by the user of the rules about the registration to the Website or the storage of registration credentials.
4. Information about the conclusion of the contract
4.1 In accordance to Legislative Decree of April the 9th 2003, N. 70 about the dispositions on electronic commerce, North Sails informs the user that:
- to conclude the buying contract of one or more than one product on the Website, the user must fill the order form in electronic format and transmit it electronically to North Sails, by following the instructions he will find in all different pages he will browse during all different buying steps;
- the contract is successfully finalized when the order form arrives to North Sails server;
- once the order form is recorded and once payment authorization of the total value to be paid is successfully received, North Sails will send the order confirmation to the user, via e-mail to the indicated e-mail address, which will include a recap of the General Sale Conditions and the specific conditions applicable to the contract, all related informations to the bought product, the detailed indication of the price, used payment method, the informations about the right of withdrawal, the freight costs and the eventual additional costs and the Customer Service contact details, to whom the user could ask any information for assistance and/or complaints. The user is kindly requested to save the mail received as proof of purchase. The General Sale Conditions applicable to the order as the instructions about the right of withdrawal and the form for the withdrawal whom at art. 10 will be attached to the e-mail communicating the delivery of the purchased product/s.
- the order form will be saved in North Sails database for the time necessary to prepare and to deliver the order and, in any case, respecting the timings indicated by the law. If the consumer wants to check the order form he can examine his account.
5. Offers validity and prices
5.1 All prices are in Euro currency (€) and include the Value Added Tax (VAT). Any eventual additional cost, always including the VAT and always in Euro currency (€), will be expressly indicated separately in the order form, before the user proceeds to the transmission of it, and will be also indicated inside the e-mail containing the order confirmation. Duties and local taxes different from VAT are exceptions and should be paied directly to the carrier.
5.2 The price of the Products can be modified by North Sails in any moment, without any previous notice, being understood that the price the user will pay is the one present in the product information sheet where he can find the main features of the product (Product Details Sheet) at the moment of the order. In case of price modifications after the transmission of the order there won’t be any changes in the price (increasing and in decrease) to be paid by the user.
5.3 In the Website North Sails can sell product with discounted prices. The full price on the Website (Crossed Price) is the base on the one North Sails calculates the discount and is the official price published on the Website.
We remind that Crossed Prices can be an indication about the value of the Product, but in someone of the physical stores the price of the same product could be different.
6. Purchase Orders – Informations about the Products
6.1 North Sails will manage the purchase order, and will proceed with the delivery of the Product bought, only after having received the confirmation on the payment authorization of the total due amount, consisting of the buying price, the eventual freight costs (if they must be applied), and of any other additional cost, as indicated in the order form (Total Due Amount). In case of not successful payment of the Total Due Amount or in case of not confirmation of the payment, the purchase contract won’t be finalized and will be terminated due to the effects of art. 1456 of the Italian Civil Code. The user will be informed about the termination of the contract and about the cancellation of the order immediately after the transmission of the order, through the Website.
6.2 The products will stay on North Sails property until the full payment by the user of the Total Due Amount. The risk of damage or loss of the Products not due to North Sails will be transferred directly to the user when he/she, or a designated third party and different by the carrier, will have the physical possession of the Products.
6.3 Every Product has a Product Details Sheet. The images and the descriptions on the Website show, as faithfully as possible, the features of the Products. The colors of the Products may differ in comparison to the real ones due to the settings of electronic systems or due to the different personal computers used by the users to see them. Also the images of the Product in the Product Sheet may differ in terms of dimensions or due to additional accessories. Hence the images must be used as an indication. For the purpose of the Purchase Contract the description of the Product in the order form transmitted by the user will be considered faithful.
7. Availabilty of the Products
7.1 The quantity of the products offered on the Website is limited. So it may happen that during the buying process, since more users may buying the same Product at the same time, after the transmission of the purchase order the purchased Product is not available anymore.
7.2 In all cases of unavailability of the purchased Product, without prejudice of the rights of the user as per the law and, in particular, as per Capo XIV of the Title II of the Book IV of the Italian Civil Code, the user will be immediately informed by e-mail. The user will have the right to terminate immediately the contract, without prejudice to the right of compensation for damages, according to and for the effects of what indicated by art. 61, IV and V comma, of the Consumer Code. In case the user would like to use the right of termination of the contract see art. 61, IV and V comma of the Consumer Code that is in the case of a payment successfully done for the Total Due Amount, North Sails, without any prejudice to the right to compensation for damages, will refund the amount without any delay and, in any case, within 15 working days from the day of the sending of the order. North Sails will communicate via e-mail the amount to be refunded. The amount will be refunded on the same payment method used by the user for his buying. Eventual delays in the refund may be due to the type of the bank, the type of the credit card or to the payment solution used by the user. In any case the currency date will be the same of the one of the charge.
7.3 In case of orders composed by several Products (Multiple Order), so far as the occurred unavailability concerns only some of the Products of the Multiple Order – without any prejudice to the rights attributed to the user by law, and, in particular, by Capo XIV of Title II of the Book IV of the Italian Civil Code, and without any prejudice of the application of art. 7.2, or so far as the occurred unavailability concerns all the Products of the Multiple Order – North Sails will advise the user via e-mail. The user will have the right to terminate immediately the contract, restrictly to the Product/Products become unavailable, without any prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of the art. 61, IV and V comma, of the Consumer Code. In case the user would like to use the right to terminate the contract as per art. 61, IV and V comma, Consumer Code, referring to this/these Product/s become not available, or rather in any case the payment of the Total Due Amount has been already done successfully, North Sails, without any prejudice to the right to compensation for damages, will refund the amount related to the Product/s, including freight costs, calculated as indicated in art. 8.3 (see below) and will refund also any due additional cost specifically related to these Products (Partial Due Amount) without any delay and in any case within 15 working days from the date of the order. North Sails will communicate the amount to be refunded via e-mail. The amount will be refunded with the same payment method used by the user for his buying. Any delays in the refund may be due to the type of the bank, the type of the credit card or to the payment method used by the user. In any case the currency date will be the same of the charge. The termination of the complete Multiple Order will be possible only in case of evident and proven accessory of the unavailable Productes to the other available Products in the Multiple Order.
8. Delivery of Purchased Products
8.1 North Sails delivers the Products all over the world. Any delivery limits will be communicated on the Website any time when needed.
8.2 The delivery is free of charge for registered users, unless otherwise specified on the Website. For not registered users, the delivery is free of charge for an amount of the order above € 100,00 unless otherwise specified on the Website. When the user must pay the freight costs related to an order, the amount is expressly and separately indicated (in Euro currency and including VAT) during the purchase procedure, also indicated in the recap of the order and, in any case, before the transmission of the order. In the case of omitted indication of a specific delivery date, in any case, the delivery will be done within 30 days starting from the date of the conclusion of the contract.
8.3 In case of partial withdrawal of Multiple Orders, the freight cost amount to be refunded will be quantified proportionally to the value of the withdrew Product.
8.4 The delivery obligation is accomplished when the user has the material availability of the Product/s or, in any case, when the user has checked the Product/s.
It’s up to the user to check the conditions of the Product he received/accepted and collected. Being understood that the risk of loss of damage of the Products, for reasons that cannot be attributed to North Sails is transferred to the user when the user, or anyone he/she has designated and different by the carrier, has the material possession of the Product, the user is strongly recommended to verify and to check the number of Products received, that the boxes are intact, not damaged, not wet or has beed altered, even on the closure systems; so the user is kindly invited, in his proper interest, to indicate by writing any defects on the transport document of the carrier, and to accept with reserve the box/boxes. In case of loss or damage of the Product/s if the user accepts the delivery of the Product/s without any conditional acceptance/acceptance with reservation he cannot take any legal action against the carrier, except in the case the loss or the damage are due to willful misconduct or gross negligence of the same carrier and except for partial loss or damage not recognizable at the moment of the delivery, but, in this case, the damage must be reported immediately when discovered and not more than eight days after the reception of the box/boxes. In case the box/boxes has evident signs/marks of tampering or alteration, we kindly recommend the user to communicate them, as soon as he can, to the Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity is always valid. The carrier will make two delivery attempts; after them, the carrier will send the Product/s back to North Sails which will refund the user on the same payment method used by the user to purchase his order. At the moment of the delivery nothing is due to the carrier unless duties or local taxes different from VAT must be applied.
8.5 In case the purchased Product has not been delivered or has been delivered late in comparison to the delivery terms indicated during the purchase process and in the order confirmation art. 61 of the Consumer Code will be applied.
In any case, North Sails promptly undertakes by e-mail to give communication to the user about the delay of the delivery (Delay Notice E-mail), and also indicates the new delivery terms if available (New Delivery Time) without prejudice of the rights of the user by art. 61 of the Consumer Code as the possibility for the user to use at any time the ordinary means of protection provided by law and, in particular, by Capo XIV of Titolo I of Libro IV of the Italian Civil Code.
9. Payment Methods
9.1 The Products are payable by credit card, PayPal, Ideal, Direct ebanking, Klarna which are applicable depending on the country. In case these payment methods cannot be used for some specific Products, the user will find this information on the Website, or, at the latest, at the beginning of the purchase procedure.
9.2 North Sails will send a commercial invoice only if the user expressly requests and indicates he wants to receive this document during the purchase process. The data and the informations communicated by the user to issue the invoice are guaranteed by this one to be real, and the user is obliged to keep North Sails undamaged and free from any damage may arise in case of non-compliance with the truth of the same provided informations, including penalties issued by the competent authorities.
9.3 Payment by Credit Card or Debit Card
9.3.1 The payment of the Products can be made by credit card or debit card directly on the Website. North Sails accepts VISA, Mastercard and American Express credit cards. These credit cards are indicated on the footer of every page of the Website. At the moment of the transmission of the order there won’t be any charge on the credit card used by the user for the payment.
The charge will be done only after (i) having verified the credit card data used during the payment process (ii) and only after when the company issuing the credit card will have authorized the charge.
9.3.2 In order to have the guarantee of security of the payments made on the Website and in order to prevent any fraud, North Sails reserves the right to ask via e-mail to the user, to send, always via e-mail, a double-sided copy of his identity card, and in the case of different holder of the order, North Sails reserves the right to ask also the identity card of this one. The identity document must be valid. In the e-mail North Sails will indicate within how much time will have to receive it. In any case, this deadline will not exceed 5 working days starting from the day of receipt of the request by the user. While waiting for requested identity document, the order will be suspended. The user must send the requested documents within the indicated deadline.
9.3.3 In case North Sails doesn’t receive the requested documents within the deadline indicated in the e-mail of request or receives expired or not valid documents, the contract will be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will be cancelled, without prejudice to the right of North Sails to compensation for any damage in which it may be incurred due to the non-compliant behavior of the user. The termination of the contract, whom North Sails will advise the user via e-mail, no later than 5 working days after the deadline expires for the dispatch of the requested documents, will result in cancellation of the order, resulting in refund of the Total Due Amount.
9.3.4 In case North Sails receives valid documents within the date indicated in the e-mail as per art. 9.3.2, the delivery terms will start from the date of receipt of the documents.
9.3.5 Confidential credit card data (credit card number, expiration date, security code) are encrypted and are transmitted directly to the payment manager without passing through the servers used by North Sails. So North Sails has no access and doesn’t save any credit card data used by the user for the payment of the Products, without prejudice to the data concerning the card holder, as per Articles 9.3.2 and 9.3.3.
9.4 Payment through PayPal and Direct eBanking payment method
9.4.1 The payment of the Products purchased on the Website can be done by PayPal payment method. If the user chooses PayPal as his payment method, he will be redirected to the website www.paypal.com where he will pay the Products according to the procedure provided and regulated by PayPal and to the terms and conditions of the contract subscribed between the User and PayPal. The data entered in PayPal website are treated directly by this one and won’t be transmitted or shared with North Sails. This last is not able to know and don’t save in any way credit card data linked to PayPal user account or any other data of any other payment method linked to this account.
9.4.2 In case of payment with PayPal, the Total Due Amount will be charged by PayPal to the user at the same time of the conclusion of the contract through the Website. In the case of termination of the purchase contract and in case of any other refund reason, the amount of the refund will be credited on PayPal User account. Charge back timings on payment method linked to this account depend exclusively by PayPal and by the bank system. Once North Sails places the order to refund this account, North Sails cannot be considered responsible for any eventual delay or missing/omissions in the refund to the user for the amount of the same refund; in case of any dispute the user will have to contact PayPal directly.
9.4.3 The same process of PayPal is applicable in case of payment with Direct eBanking, being redirected in this case to the website www.sofort.com.
9.4.4 In case of payment through Ideal, the applicable process is the same of PayPal, being redirected to the Ideal frontpage of the relevant bank.
9.5 Payment through Cash on Delivery
9.5.1 Payment of the Products purchased on the Website can be made by cash on delivery. If the user chooses this method of payment, the user will receive an email confirming the transmission of the Order containing the total amount to be paid to the courier upon delivery.
9.5.2 The courier will not be able to proceed with the delivery of the purchased Products except upon receipt of payment of the Total Due Amount. In case the payment of the Total Due Amount to the courier is missed, the contract will be considered terminated by right pursuant to and for the purposes of art. 1456 c.c. and the order subsequently canceled, except for the right of North Sails to compensation for any damage in which it may be incurred due to the non-compliant behavior of the user. The termination of the contract, which the user will be notified by e-mail, no later than 5 working days from the communication of the courier of non-payment, will result in the cancellation of the order.
10. Right of Withdrawal
10.1 The user who has the quality of end consumer is entitled to withdraw from the contract concluded with North Sails, without paying any different costs in comparison to the ones indicated at this point and doesn’t have any obligation of specifying the reason for, within fourteen (14) calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a) in case of an order of one Product, starting from the day when the user or a third person, different from the carrier and elected by the User, acquires the physical possession of the Product; or
b) in case of an order of more than one Product / Multiple Order with separated deliveries, from the day when the User or a third person, different from the carrier and elected by the User, acquires the physical possession of the last Product; or
c) in case of an order related to the delivery of a Product composed by different batches or by multiple pieces, from the day when the user or a third person, different from the carrier and elected by the User, acquires the physical possession of the last batch or the last piece.
10.2. To exercise the Right of Withdrawal, the User must inform North Sails about his decision to withdraw, before the expiration of the Withdrawal Period.
10.3 For that purpose the User can:
(a) use the withdrawal form (Withdrawal Form) he can find on the Website, through a dedicated link, before the conclusion of the contract, and, in any case, using the link “Right of Withdrawal” in the Website and attached to delivery confirmation e-mail; or
(b) submit an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal).
Depending by the used tool, the Withdrawal Form or the Declaration of Withdrawal must be transmitted to the following contacts: Tomasoni Topsail S.p.a., Rapallo, via Enrico Toti 59 (16035); e-mail: firstname.lastname@example.org.
Because the burden of proof related to the exercise of the right of withdrawal is borne by the User before the expiration of the Withdrawal Period, it is in User interest to use a durable support to communicate to North Sails its withdrawal.
10.4 To return the Product/s the User, after having sent the Declaration of Withdrawal according to the art. 10, will be contacted by the Customer Service of North Sails which will instruct the User about the return opf the goods, the carrier to be used and the pick-up date. Direct costs to send back the Product/s are on North Sails charge. The return of the Product/s to North Sails is under responsibility of the User; the product is returned when it is given to the carrier.
If the User, during the purchase of the order, used a coupon discount (see sub 11) to buy the Product for which he exercised the right of withdrawal, the refund will be just about the amount the User spent, and there won’t be any refund of the amount of the coupon discount.
10.5 If the user withdraws from the contract, North Sails will proceed by refunding the Total Due Amount paid by the User for the Product, including the freight costs, if applicable, without any delay and in any case within 14 calendar days from the day when North Sails has been informed about the decision to withdraw from the contract. The refund will be done on the same payment method used by the User for the original purchase; in any case the user will not incur any costs as a consequence of this refund.
Withdrawal Instructions containing all the informations about the practice of the right of withdrawal are on the Website, before the conclusion of the contract, through a dedicated link and through the link “Right of Withdrawal”, in the footer of the Website and attached to the e-mail of delivery confirmation.
10.6 In case of partial withdrawal, the amount of the freight costs to be returned will be calculated as indicated in previous art. 8.3.
10.7 The User is only responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all his parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.
10.8 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won’t create any right of reimbursement. Within 5 days from the reception of the Product North Sails will communicate to the user that it will reject the withdrawal request. In case the Product already arrived back to North Sails, it will stay to North Sails for User disposal for the pick-up that will have to be done on charge and under responsibility of the User.
10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from a manipulation of the good different from the one necessary to establish the nature, the features and functioning of the Product, the amount of the refund will be decreased by a value equal to this decrease in value. Within 5 working days from the reception of the Product North Sails will communicate to the user the consequent reduced amount of the refund, and in case the refund has already been done North Sails will also communicate to the User the bank details for the payment to be done by the User due to the reduction of the value of the Product.
10.10 In case the right of withdrawal cannot be applied, using one of the legal hypotheses, the User will be specifically and expressly informed in the Product Sheet and, in any case, during the buying process, before the User can proceed with the transmission of the order. According to the art. 59 of the Consumer Code, the user cannot use the right of withdrawal as it is excluded for the following cases:
(i) when the sale is about a tailored Product or when the product is clearly personalized
(ii) when the sale is about sealed Products opened after the delivery that cannot be returned due to hygienic or health-related reasons
10.11 Regardless of the possibility of exercising the right of withdrawal, North Sails gives the user the possibility to exercise the right of return according to the terms and conditions in page “Returns” of the Website. Right to return is in addition and doesn’t substitute the right of withdrawal governed by the articles mentioned here above.
11. Discount Codes
11.1 The User can also buy on the Website through discount codes issued by North Sails. If the value of the discount code is lower than the value of the order the User wants to purchase, this last can complete the purchase process by paying the difference through the payment methods indicated on the Website.
11.2 The discount codes cannot be combined with each other for a single purchase. The discount codes can also be used for the purchase of Products already in promotion. The User cannot use a discount code to pay the products whom the value is lower than the value of the discount code. Each discount code can be used just for one purchase. In no case discount codes allows the User to have the change in case of purchases of lower value than the value of the discount codes.
11.3 In case the User cannot use a discount code to buy some products these last will be clearly indicated on the Website. In the case, for any reason, North Sails must cancel an order purchased by using a discount code, the same amount will be refunded on User personal account.
11.4 For any reason the discount coupons can be converted to money.
12. Legal Guarantee of Conformity
All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code (Legal Guarantee).
TO WHOM IT APPLIES
The Legal Guarantee is reserved to end consumers. So it is applied only to users who made the purchase on the Website for purposes not related to a business activity, commercial activity, craft or professional activity eventually carried out. For those who have purchased on the Website and who do not hold the quality of end consumers, the guarantees for quality defects of the sold thing will be applied as all others guarantees foreseen by the Italian Civil Code with their terms, expirations and limits.
WHEN IT APPLIES
The seller is liable to the end consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within two years of his delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the Product were already existing on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will instead be the burden of the consumer to prove that the lack of conformity was already existing at the time of the delivery of the Product.
In order to take advantage of the legal guarantee, first of all the User will have to provide the proof of the date of purchase and of the date of delivery of the goods. So, for the purposes of such proof, it is appropriate that the User keeps the purchase invoice, which North Sails sends him, or any other document that can attest to the date of purchase (for example the statement of the credit card) and the date of delivery.
WHAT IS THE LACK OF CONFORMITY
There is a lack of conformity, when the purchased Product:
- is not suitable for the use to which goods of the same type are normally used;
- is not compliant to the description made by the seller and doesn’t have the qualities of the good the seller showed to the end consumer as sample;
- doesn’t have the qualities and the usual performances of a good of the same type, that the end consumer can reasonably look for, also considering the declarations made in advertising or in labelling;
- is not suitable for the particular use desired by the consumer and this last communicated this to the seller at the moment of the conclusion of the contract and that the seller accepted.
Eventual damages or malfunctions or different defects due to accidental events or to the responsibility of the User or an use of the Product not compliant with its intended use and / or as provided in the technical documentation attached to the Product, if any, or in the instructions for use related to are excluded by the scope of the Legal Guarantee.
REMEDIES TO USER DISPOSAL
In case of lack of conformity duly reported in terms, the user has the right:
- to choose between a free repair or replacement of the good, unless the remedy requested is objectively impossible or excessively expensive with respect to the other and, therefore, in the specific case, considering the type of sale, the substitution, where this is possible in relation to the number of units still available for sale;
- secondary (in the case in which the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the price reduction or to the termination of the contract, always at his choice.
The required remedy is excessively burdensome if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be carried out, keeping in consideration (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
WHAT TO DO IN CASE OF A LACK OF CONFORMITY
In the event that a Product purchased on the Website, during the period of validity of the Legal Warranty, reveals what could be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 14. North Sails will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the method of shipping the goods, and keeping in consideration the product category to which the Product belongs to and / or the reported defect.
REFUND OR REDUCTION IN ACCORDANCE WITH THE APPLICATION OF THE LEGAL WARRANTY
In case of termination of the contract, North Sails will refund to the User the total paid amount, composed by the purchase price of the product, by the freight costs and by any other additional cost paid by the User. In case of price reduction, North Sails will refund the amount of the reduction, previously agreed with the User. Alternatively, the user could choose to receive a purchase coupon, to be spent on the Website, for the same amount of the amount of the refund or, respectively, equal to the reduction he has the right to receive. The refund or the reduction amount will be communicated to the User via e-mail and will be charged back on the same payment method used by the User for the purchase.
North Sails is not responsible in case of damages of any nature, resulting by an improper use and/or an use not in accordance with the instructions provided by the manufacturer or in case of damages deriving from unforeseeable circumstances or force majeure.
13. Applicable Law and Jurisdiction; out-of-court settlement of disputes -Alternative Dispute Resolution/Online Dispute Resolution
13.1 The contracts concluded between the Users of the Website and North Sails are governed by the Italian law. To the Users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.
13.2 Regarding the end consumer, for any dispute concerning the application, execution and interpretation of these General Sale Conditions, the court of the place where the user resides or has elected his domicile is competent.
13.3 According to art. 141-sexies, comma 3 Legislative Decree September the 6th, 2005, N. 206 (Consumer Code), North Sails informs the User as an end consumer whom art.3, comma 1, lett. a) of the Consumer Code, that, in case he has submitted a complaint directly to North Sails, as a result of which it was not possible to resolve the controversy that arose, North Sails will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (cc.d. ADR organizations, as per what indicated in art. 141-bis and followings of the Consumer Code), also specifying if he wants to use or not these organizations in order to solve the dispute.
Furthermore North Sails informs the User as end consumer whom at art. 3, comma 1, let a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The end consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/; through ODR Platform the end consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved.
Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis Consumer Code, in any case the end consumer has always the right to refer to the ordinary judge in charge of disputes arising from these General Sale Conditions.
13.4 For any disputes related to the application, execution and interpretation of these General Sale Conditions, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, July the 11th 2007, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.
14. Customer Care and Complaints
14.1 Any User can always ask informations, send any kind of communications, ask for assistance or submit any claim, by contacting the Customer Care as indicated here below:
- by mail, writing to North Sails Customer Care, via Enrico Toti 59, 16035 Rapallo, Genova
- by e-mail to the address email@example.com;
- by phone dialing number +393346662890 (from Monday to Friday, from 9.00 a.m. to 7.00 p.m.)
- by fax at number +39 0185 263979;
- by filling the form in the page “Contact Us”.
14.2 North Sails will answer the complaints within two working days after receiving them.