TERMS OF USE AND GENERAL CONDITIONS

NSG APPAREL B.V. – WESTERDOKSDIJK 40, 1013AE- AMSTERDAM- THE NETHERLANDS- KVK NUMBER- 61098159

AND ITS SUBSIDIARY:

TOMASONI TOPSAIL S.P.A. – VIA LUCA SIGNORELLI 10 – 20154 MILAN – ITALY REA N° MI 1243155 – P. IVA. 08768270152 (hereinafter: "North Sails Apparel")

TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE

These general conditions apply to:

  • orders placed for products available on www.webstore.northsails.com (“the Website”) by consumers within Europe; and
  • the use of any information, documents, graphics, movies, features, music and/or other services on the Website.
  • Please ensure that you read these general conditions carefully and check that the details of your order are complete and accurate before submitting your order.

1. DEFINITIONS

The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.

  • Customer means any person or company purchasing one or more Products in the Webstore, accepting the General Conditions.
  • General Conditions mean these general conditions and any possible new future version which may be published on the Webstore by North Sails Apparel.
  • Order Confirmation means the e-mail message by means of which informs the Customer of the acceptance of the Order.
  • Sale and Purchase Agreement means the sale and purchase agreement of the Product entered into between North Sails Apparel and the Customer.
  • Webstore means a virtual shop, managed by and accessible at URL http://webstore.northsails.com where Products are available for sale.
  • Order means the purchasing order of the Product placed by the Customer pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
  • Parties means North Sails Apparel and the Customer, when jointly referred.
  • Price means the sale price of the Product as specified in the Webstore.
  • Product means the product published in the Webstore for sale.
  • Account means the space in the Webstore where Customer is allowed, following authentication to:
    • (i) monitor and update personal data and addresses where the ordered Product is shipped and delivered;
    • (ii) view previous Orders;
    • (iii) have access to any other specific function/setting concerning their activity in the Webstore.

2. SUBJECT MATTER

2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.

2.2 North Sails Apparel has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the Webstore at the time the Orders are placed by the Customers.

2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the Webstore, the terms and conditions more favourable to the Customers shall apply.

3. EXECUTION OF SALE AND PURCHASE AGREEMENT

3.1 North Sails Apparel undertakes to send the Order Confirmation to the Customer within 2 working days from receipt of the Order from the Customer.

3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customer receives the Order Confirmation. Should Customer not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by and thus have no effect.

3.3 By placing the Order, Customer declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the Webstore, including information accessible through links.

4. AVAILABILITY OF THE PRODUCTS

4.1 Fulfillment of all orders in the Webstore is subject to availability. North Sails Apparel explicitly reserves the right not to accept the order for any reason. North Sails Apparel also reserves the right to cancel a Sale and Purchase agreement by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from the Customer in relation to the Sale and Purchase agreement North Sails Apparel has cancelled:

  • the product is not available /in stock;
  • your billing information is not correct or not verifiable;
  • your payment have not been processed successfully
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • you are under 16;
  • you are a reseller;
  • there was a clear error in the price displayed on the Website;
  • we could not deliver to the address provided by you;
  • due to an Event Outside Our Control (see art. 12 below); or
  • in the event of clear misspelling, pricing or other errors or mistakes in the Website information.

4.2 The availability of the Products indicated in the Webstore is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, save for the provision set forth under clause 3.2, North Sails Apparel undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by North Sails Apparel (notwithstanding the provision governing the right for withdraw under clause 9).

4.3 North Sails Apparel has the right not to indicate the availability of the Products (or part of the Products) in the Webstore.

5. PRICE AND SHIPPING COSTS

5.1 The Price is quoted in Euro or other applicable currencies. The applicable Price is the one published in the Webstore at the time the Orders are placed by the Customers. The Prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which North Sails Apparel has confirmed in an Order Confirmation.

5.2 The Price displayed on the Website is inclusive of 22% Value-Added Tax (VAT) if the Products are shipped by and delivered inside the European Union. The Price is not inclusive of VAT if the Products are shipped by and delivered outside the European Union.

5.3 Shipping rates are applied per Order. The exact shipping rates depend on the country where your Order is being delivered to.

5.4 The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

5.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.

6. PLACEMENT OF THE ORDERS

6.1 In order for the Customers to place their Orders, registration at the Webstore is possible; such registration may be obtained by entering the information and data indicated as "mandatory" and by selecting a password to be used when placing the Orders and when accessing the Account any time later.

6.2 The Customers may purchase the Products by selecting them in the relevant section of the Webstore dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of Products is complete, the Customers can be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking "proceed to check out". Once the data relating to the selected Products and the "shipping/ delivery information" is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "place order"

7. METHODS OF PAYMENT

7.1 The Customers may pay the Price (and the part of the shipping costs requested as indicated under clauses 5.3 and 5.4) by means of credit card, Pay Pal or other methods of payment indicated by North Sails Apparel in the Webstore. North Sails Apparel has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by North Sails Apparel in the Webstore at the time the Orders are placed by the Customers.

7.2 If the payment is made by credit card, Customers will be charged with the Price (and with the part of the shipping costs requested by as indicated under clauses 5.3 and 5.4), once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by North Sails Apparel. Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments.

7.3 If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe website. On such website, the Customers will be able to complete the payment of the Price (and the part of the shipping costs requested by North Sails Apparel as indicated under clauses 5.3 and 5.4) using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price (and the part of the shipping costs requested by North Sails Apparel as indicated under clauses 5.3 and 5.4) shall be charged on Customers' PayPal account upon the Confirmation Order being sent by North Sails Apparel.

7.4 Upon placing the Orders, North Sails Apparel will always send regular invoices by e-mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by North Sails Apparel.

7.5 Information received from Customer, shall be solely utilized by North Sails Apparel for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.

8. SHIPPING AND DELIVERY OF THE PRODUCTS

8.1 North Sails Apparel delivers products from Monday to Friday. We do not ship on certain public holidays. North Sails Apparel can only fulfill an order to a delivery address which is a home or office address in one of the countries listed on the Website.

8.2 North Sails Apparel reserves the right to split the delivery of your Order, for instance if part of your Order is delayed or unavailable. In the event that we split your Order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your Order was placed. You will not be charged for any additional delivery costs.

8.3 Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.

8.4 Being understood that "shipping" of Products means the delivery of the latter to the couriers selected by North Sails Apparel, North Sails Apparel undertakes to ship the Products:

  • (i) when the Products are available: - within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card; - within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
  • (ii) should one or more Products become unavailable, save for the right of Customer to withdraw the Order pursuant to clause 4.2, within 3 days from the time such Product or Products are once again available at 's warehouses;
  • (iii) in case the availability of one or more Products is not indicated (as in the option under clause 4.3) and the Products are available at 's warehouses at the time of placement of the Order by the Customers: - within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card; - within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
  • (iv) in case the availability of one or more Products is not indicated (as in the option under clause 4.3) and the Products are not available at 's warehouses at the time of placement of the Orders by the Customers, within 3 working days from the time the Products are available at 's warehouses.

8.5 North Sails Apparel guarantees the shipment of the Products by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination.

8.6 North Sails Apparel undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers: - in Italy within 2 working days from the date of shipment; 3 working days for the islands - outside Italy within 5 working days from the date of shipment.

8.7 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as is unable to directly monitor the deliveries of the selected couriers; therefore, cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.

8.8 In order to allow the Customers to monitor the progress of the Orders, North Sails Apparel shall issue an Order number which, once inserted in the "my order" section – accessible from any page of the Webstore – allows to verify all information concerning the Orders.

8.9 The Customers may also verify the progress of Orders utilizing the "Order Tracking" function if such service is provided by the courier selected by for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by via e-mail.

8.10 The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that: (i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type. (ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.

8.11 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.

8.12 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.

9. RIGHT TO WITHDRAW

9.1 The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, to withdraw from the Sale and Purchase Agreement within 30 calender days (it looks 7 calendar days, to be verified) after the Products are delivered. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to to the address specified under clause 15. Such communication shall include:

  • (i) the intention to exercise the right to withdraw;
  • (ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case the Customers exercise the right to withdraw pursuant to this clause 9:

  • (i) Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
  • (ii) all costs connected to the return of the Products are entirely borne by the Customers;
  • (iii) North Sails Apparel undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that: - the Products have been returned and are intact, including hand tags and labels; - the original package has also been returned and is intact; - the Products are unwashed and not used in any way;
  • (iv) North Sails Apparel shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder). If the Customer wishes to return a Product, North Sails Apparel shall reimburse all payments received excluding delivery costs.

9.3 Should the Customer not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9, the Customer shall have no right to reimbursement of the Price.

9.4 Product exchanges are currently not possible, but you do have the option of returning your Product(s). In order to get another product color or size, you will have to place a new order in the Webstore.

 

10. RETURN POLICY
10.1 The customer is not allowed to return anything if he doesn’t have a return authorization issued by North Sails Apparel through his Customer Service.
10.2 The customer is not allowed to return what he bought after 30 calendar days in comparison  to the date of the invoice.

10.3 The customer cannot ask for a return authorization if he:

  • Cuts the good
  • Paints the good
  • Use fire flames on it
  • Freeze it
  • Use it for a different use in comparison to the one it’s built for (ex: cleaning his car, etc.).

10.4 The customer is not allowed to return anything which doesn’t have North Sails brand.

10.5 The customer cannot swop anything of another brand with something with North Sails brand.

10.6 The customer is not allowed to return any piece if he doesn’t follow the care labels he can find inside every garment. 

10.7 The customer is not allowed to return any piece if he used some products on it that don’t have to be used (example: products like aggressive stain remover, degreaser, acid products, etc. etc.).

10.8 The customer is not allowed to return any piece if he modified it in anyone of his parts.

10.9 The customer is not allowed to return any piece if it has been leaving it under high sunlight, artificial light, or strong heat source.

10.10 The customer must return the piece you bought with all the labels it has been shipped as the eventual plastic bag used to protect it as eventually using the same box for the shipment.

10.11 In case of lack of conformity the customer is allowed to return within 30 days from the date of invoice.

11. REFUND INFORMATION

11.1 Refunds will be issued based on the original form of payment. In the event the Customer returns goods for reasons other than defectiveness or non-conformity with the Order, the Customer will need to pay for the return shipment.

12. ERRORS AND INACCURACIES IN THE WEBSTORE

12.1 North Sails Apparel undertakes to constantly check the Webstore in order to avoid any possible error or inaccuracy. However, it is possible that the Webstore bears, or might bear, errors, inaccuracies or oversights from time to time.

12.2 North Sails Apparel has the right to amend the errors, inaccuracies or oversights contained in the Webstore even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.

13 EVENTS OUTSIDE OUR CONTROL

13.1 North Sails Apparel will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these general conditions that is caused by an Event Outside Our Control.

13.2 An Event Outside Our Control means any act or event beyond the reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

13.3 If an Event Outside Our Control takes place that affects the performance of North Sails Apparel obligations under these general conditions: North Sails Apparel will contact the Customer as soon as reasonably possible; and North Sails Apparel obligations under these general conditions will be suspended and the time for performance of these obligations will be extended for the duration of the Event Outside Our Control.

13.4 Where the Event Outside Our Control affects the delivery of a product, North Sails Apparel will arrange a new delivery date with the Customer after the Event Outside Our Control is over. The Customer may cancel the Sale and Purchase Agreement if an Event Outside Our Control takes place and the Customer no longer wishes North Sails Apparel to provide the Products. Please see the cancellation rights under clause 9.

14. INTELLECTUAL PROPERTY

14.1 All intellectual property rights connected to the Webstore (including its contents) are the exclusive property of and/or Web Developer; the Webstore and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from .

15. APPLICABLE LAW

15.1 These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website or with any purchases on the Website shall be governed by Italian law.

15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Milan.

16. CONTACTS

16.1 For further information and assistance on the Webstore and/or on the methods of purchase on the Webstore and/or on the Sale and Purchase Agreements, the Customers may contact through our customer service or by mail at the following address:

Name: Alessandra Argento

Address: webcustomercare@northsails.com

Phone Number: +39 0185 200555

OR

Name: Julie Spada

Address: webcustomercare@northsails.com

Phone Number: +39 0185 200555

OR

WhatsApp: +39 334 6662890