Legal notice

 

 

 

 

TERMS OF SALE



North Sails GmbH - Harkortstraße 79, 22765 Hamburg - DE814864953, Email: {webcustomercare@northsails.com}, share capital, 33.750,00 Euro, Telephone {+39 0185200555}, (telephone number active from Monday to Friday, from {09.00} to {18.00}) (North Sails) in relation to personal data given by the user on the website www.northsails.com (Website).

If you have any questions relating to these terms and conditions, please contact our team by email, or call us between 0900 and 1730, Monday to Friday (except bank holidays):

North America  +1 203-877-7621
Belgium  +32 33-256720
Denmark  +45 29464305  or  +45 39204090
France  +33 (0) 2 97407183
Germany  +49 40 3038 2395
Holland  +31-10-2206144
Italy  +39 01853526
New Zealand  +64 (0) 9 359 5999
Spain  +34 986 54 81 32
Sweden  +46 (0) 313880800
UK  +44 (0) 23 9252 5588

Art. 1 Scope of application 

1.1 The General Terms and Conditions of Sale are applied to all sales made by the Vendor on the Website.  Purchasing on the Website is permitted only to users who  are Consumers pursuant to art. 2 no. 1 of Directive 2011/83/EU of the European Parliament and Council of 25 October 2011 on consumer rights. Please remember that the Consumer is a natural person who is acting for purposes that are outside of their trade, business, craft or profession.

1.2 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and public holidays.  The images and descriptions on the Website are merely indicative.  Colours may differ from the actual ones due to the settings of the computer systems or the computers you use to view them.  

1.3 The General Terms and Conditions of Sale may be modified at any time.  Any modifications and/or new terms and conditions shall be in force from the time of their publication on the Website.  You are therefore invited to visit the Website regularly and to view, before making any purchases, the most up-to-date version of the General Terms and Conditions of Sale. These are in any case without prejudice to any rights that might be more favourable to you under the law applicable at the time. 

1.4 The applicable General Terms and Conditions of Sale are those in force on date the purchase order is sent.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Vendor that may be present on the Website via links, banners or other hypertext links.  Before making commercial transactions with such parties it is necessary to check their terms and conditions of sale. The Vendor is not responsible for the supply of services and/or for the sale of products by such parties.  

1.6 The Vendor does not carry out any checks and/or monitoring of websites that can be consulted via the links present on this Website. The Vendor is therefore not responsible for the content of such websites nor for any errors and/or omissions and/or breaches of the law on their part

1.7 You must carefully read these General Terms and Conditions of Sale as well as all the other information provided by the Vendor on the Website, even during the purchasing procedure.

1.8 The Vendor shall in no event be held liable to you or third parties for any indirect, incidental, special or consequential damage.  This includes, by way of mere example, any loss of earnings or other indirect losses resulting from the use of the Website or from the inability to use it.  The Vendor cannot guarantee nor affirm: (i) that the Website is free from viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete and up-to-date.

1.9 The Website and any part of it is the property of the Vendor.  Unless specifically permitted in writing by the Vendor, it is forbidden to reproduce, distribute, publish, transmit, modify or sell all or any part of the Website, wholly or partially and by way of any procedure whatsoever.  

1.10 By registering on the Website, you also join the LOYALTY PROGRAM promoted by the Seller, according to the procedures outlined in Article 9 of these General Sales Conditions. The Seller hereby specifies that the benefits of the LOYALTY PROGRAM apply exclusively to Apparel products, expressly excluding products from the "Sails" and "Sups" lines. Your personal data for the purpose of this article will be processed in accordance with the Privacy Policy of the Website (specifically, Articles No. 2, No. 3, and No. 4). "Sups" products refer to boards, paddles, or oars used for stand-up paddleboarding.

 

Art. 2 Purchases on the Website

2.1 to make purchases on the Website it is necessary to follow the procedure on the Website itself, by entering the required data on each occasion.  The sales contract with the Vendor is concluded when the order reaches the Vendor’s server.

2.2 You undertake to immediately inform the Vendor if you suspect or become aware of any misuse or improper disclosure of any information you enter onto the Website.  

2.3 You guarantee that the personal information supplied to the Website is complete and truthful and undertake to indemnify and hold the Vendor harmless from any damage, compensation and/or penalty deriving from and/or in any way connected to breach of this undertaking.  You undertake to immediately inform the Vendor if you suspect or become aware of any misuse or improper disclosure of the Website access credentials.

2.4 The Vendor reserves the right to reject orders from users who have previously breached these General Terms and Conditions of Sale or any regulations, or from whom the Vendor has a reasonable expectation that they may breach these General Terms and Conditions of Sale or any regulation.

2.5 To place an order on the Website it is necessary to read these General Terms and Conditions of Sale, ticking the appropriate box on the pages of the purchase procedure.  Failure to accept these General Terms and Conditions of Sale means it is impossible to make purchases on the Website.

2.6 The Seller is the sole counter-party of the user who intends to purchase one or more products on the Website and is therefore (i) the party to which the user addresses their order, in order to accept the offer and conclude the sales contract; (ii) the party that undertakes pre-contractual obligations deriving from the offer; (iii) the party that concludes the sales contract with the use, undertaking the relative obligations and rights.  The contract concluded via the Website is thus concluded between the user and the Vendor.  

2.7 On the Website and in communications regarding the Website with clientele, the Vendor reserves the right to act under its own trade mark. Therefore, when on the Website and/or in customer communications relating to the Website, the Vendor’s trade mark is used or the first person plural (”We”), the reference is to the Website as well as the Vendor.  

2.8 The Vendor does not in any way guarantee that the Website is always functioning and operational. Updates to the CMS platform (the platform used to manage the Website) may entail temporary suspension of the service.  The Vendor does not assume any liability regarding any kind of prejudice or damage the user may suffer as a result of this circumstance.

2.9 After purchasing, you will receive an order confirmation email.  The order confirmation email shall contain at least the following information: (i) Vendor details; (ii) characteristics of the Product(s) purchased; (iii) price and any taxes; (iv) any surcharge; (v) a reminder of the right of withdrawal; (vi) delivery address; (vii) payment method used; (viii) reminder of the legal guarantee of conformity.

2.10 Using the “Find a Sails” service, it is possible to choose one or more sails, selecting the various customisation options available on the Website. Once the sail configuration procedure has been completed, you can send a request to know the cost of the sail and which loft is most suited for the delivery. The term “loft” means the yard that prepares and ships the sail.

You can nonetheless view the list of lofts to which you can send your request directly on the Website in the section “Find your local loft”.

Once you make contact with the loft, the sales contract shall be signed between you and the company that manages the loft. The Vendor therefore does not take part in the sales contract of the sail and does not undertake any obligations  in this respect. Likewise, the Vendor can in no way be held liable for having put you into contact with the loft via the “Find your local loft” service.

The sail may only be shipped in the USA or the United Kingdom (UK).

 

Art. 3 Product availability

3.1 The products offered on the Website are limited in number. Therefore it may occur, also due to more than one user purchasing the same Product at the same time, that the Product is no longer available following the transmission of the purchase order.  In this circumstance the Vendor shall see to providing you with a timely communication and to refunding the payment made.

3.2 There is no information on the Website about the number of products available. In any event, you may write to the Vendor at the contacts indicated in the introduction to receive information about the number of Products available. 

3.3 You shall be notified in the event that the product ordered is unavailable. In this case you shall have the right to terminate the sales contract.  You are, in any case, asked to consider that before requesting the termination of the contract, the Vendor reserves the right to implement the following measures: 

  • when restocking is possible, a postponement of the delivery terms, offered by the Vendor, indicating the new ones.
  • if restocking is not possible, the Vendor shall supply a different product of equal or greater value, upon payment, in this latter case, of the difference, and with express acceptance by the user.

3.4 If a refund of that paid for the Products that are subsequently no longer available is requested, the Vendor shall make a refund within no more than 10 days. 

3.5 If you make use of the right to termination, the contract is terminated.  If the payment of the total amount owed, which includes the price of the Product, shipping costs, if applied, and by any other surcharge, as per the order (Total Amount Due) has already been made, the Vendor shall refund the Total Amount Due pursuant to article “Payment methods” infra.

 

Art. 4 Prices

4.1 Prices on the Website include VAT, if due. The Vendor reserves the right to modify Product prices at any time, without notice, it being understood that the price charged to you is that indicated on the Website at the time of the order and no account shall be taken of any variations (increases or reductions) after the transmission of the same.

4.2 Product shipping costs shall be borne by you, unless the purchase order exceeds an amount communicated on each occasion on the Website: in this case shipping shall be free of charge. 

4.3 The Vendor shall ship the Products only after receiving confirmation of payment authorisation or of the charging of the Total Payment Due. Ownership of the Products shall be transferred at the time of shipping, to be understood as the time of delivery of the Product to the carrier. The risk of Product loss or damage to the Product, for reasons not attributable to the Vendor,  shall pass to you when you or a third party designated by you and not the carrier, takes physical possession of the Products.

4.4 The sales contract is rescinded subject to non payment of the Total Amount Due. Unless otherwise agreed in writing, the order shall consequently be cancelled.

4.5 If there is an error about the Product price indicated on the Website, the Vendor reserves the right to communicate the right price to the customer even after the conclusion of the purchase order.  In this scenario the customer has the power to accept the new price or cancel the sales contract. Also the Vendor may cancel the sales contract in these cases. The Vendor may also cancel the sale when there is a Product availability error.

 

Art. 5 Payment methods

5.1 This article describes the payment methods available on the Website. The user may in any case contact the Vendor for more information.

5.2 On the Website you may purchase using payment cards. The charge shall be made only after (i) the data of your card used for the payment have been verified (ii) the company that issued the payment card you used has authorised the charge. In application of the EU directive 2015/2366 on payment services within the single market (PSD2), you are informed that you may be required to complete purchase procedure by meeting the authentication criteria of the payment institute handling the online payment transaction.  The authentication criteria refer to the identity of the user (to meet this criteria you must be registered with the Website at the time of the purchase) and to the simultaneous knowledge of the authentication code transmitted by the payment institute (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Website. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment handler without passing through the servers used by the Vendor.  The Vendor therefore never has access nor stores, even if you choose to store such data on the Website, the data of your payment card used to pay for the Products.

The credit cards accepted on the Website are:

  • MasterCard.
  • American Express
  • Visa
  • Discover

5.3 On the Website it is possible to complete a purchase order using discount codes. If the value of the discount code is less than that of the order, the remaining amount may be paid using the payment methods provided on the Website. The discount code may be used for a single purchase or for several purchases, as the case may be. Under no circumstance may discount codes be converted into money.

5.4 On the Website it is possible to make purchases also using PayPal. If you choose PayPal as a payment method, you shall be redirected to the website sito www.paypal.it where you shall make the payment according to the procedure provided and disciplined by PayPal and to the terms and conditions agreed between you and PayPal. The data entered onto the PayPal website shall be processed directly by the same and shall not be transmitted to or shared by the Vendor.  The Vendor is therefore not able to know and in no way stores the payment card data linked to your PayPal account or the data of any other payment instrument linked to that account.

5.5 Payment on the Website may be made also using “Satispay”. If you choose to pay using Satispay, you shall make the payment using the special application (“App Satispay”), according to the procedure provided and disciplined by Satispay Europe S.A. (Satispay) and to the terms and conditions agreed between you and Satispay. In the event of payment using Satispay, the Total Amount Due shall be charged to you by Satispay at the time of order transmission, which coincides with the conclusion of the contract online. If the sales contract is terminated and there is a refund, for whatever reason, the amount of the refund due to the user shall be credited to the user’s Satispay account. The crediting time to the tool and/or payment method linked to that account depends exclusively on Satispay and on the banking system. Once the crediting order has been placed in favour of that account, the Vendor shall not be held responsible for any delays or omissions in crediting the refund amount to the user. For any disputes the user must contact Satispay directly.

5.6 On the Website it is possible to make purchases also using the Klarma installment payment solution. The first payment is charged at the time of shipment of the order and/or at the time of the conclusion of the sales contract, while the subsequent payments are charged every 30 days after the first charge, unless otherwise indicated on the Website or by the payment service provider (Klarna). If you choose Klarna as a payment method, you shall be redirected to the website sito www.klarna.com where you shall make the payment according to the procedure provided and disciplined by Klarna and to the terms and conditions agreed between you and Klarna. The data entered onto the Klarna website shall be processed directly by the same and shall not be transmitted to or shared by the Vendor.

5.7 In the event of a price reduction, the Website indicates the lowest price applied to general consumers during the 30 days prior to the application of the price reduction. For the Products that have been released on the market for fewer than 30 days, the period of time to which the previous price makes reference is indicated.  This clause does not apply for “launch prices”, marked by subsequent price increase announcements.

 

Art. 6 Product delivery

6.1 Product delivery is provided in the countries indicated on the FAQ  page of the Website, which include: U.S.A., Europe, United Kingdom (UK). The user may always contact the Vendor for more information regarding Product delivery; for example to know if delivery is provided in other countries besides those indicated on the Website. The delivery obligation is fulfilled by the transfer to you of the physical availability or control of the Product.  Product delivery time from order placement is 10 days.

6.2 The delivery time indicated in art. 6.1 is to be understood as indicative and not peremptory. The Vendor reserves the right to deliver the Products within the term of 30 days from order placement. It is up to you to verify the condition of the delivered Product.  Notwithstanding that the risk of loss or damage to the Product for reasons not attributable to the Vendor passes when you or a third party designated by you and not the carrier, takes physical possession of the Product, the Vendor recommends you verify the number of Products received and that the packing and the sealing materials are intact, not damaged nor wet or modified, and invites you, in your own interests, to indicate any anomalies on the carrier’s delivery document, accepting the package with reserve. If the package has clear signs of tampering or modification, it is advisable to duly notify the Vendor. 

6.3 You acknowledge that it is your obligation to collect the Product.  If the Product is not collected, The Vendor reserves the right to terminate the sales contract and to claim compensation for any damage suffered due to failure to collect the Product.  

 

Art. 7 Right of withdrawal

7.1 The user is invited to carefully read this article, which disciplines the right of withdrawal. The right of withdrawal is the Consumer’s right to terminate the sales contract without having to provide a reason. 

7.2 You have the right to withdraw from the Product sales contract, without having to provide any grounds and without bearing costs other than those provided for in this article, within the term of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must notify the Vendor of your decision before the end of the withdrawal period. You may write to the Vendor at the addresses indicated in the introduction or use the contact form available on the Website.  You have exercised your right to withdrawal within the Withdrawal Period if you have sent the communication about withdrawal before the withdrawal period expires.  Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for the transport of the same.  If right of withdrawal is exercised, the Product must be delivered to the Vendor’s premises or to another address communicated by the Vendor. The Withdrawal Period expires after 14 days:

  • in the case of an order for just one Product, from the day in which you or a third party designated by you and not the carrier, come into physical possession of the Products;
  • in the case of a Multiple Order with separate deliveries, from the day in which you or a third party designated by you and not the carrier, come into physical possession of the last Product; or
  • in the case of an order with the delivery of a Product consisting in batches or multiple units, from the day in which you or a third party designated by you and not the carrier, come into physical possession of the last batch or unit;

7.3 If withdrawal is applicable, the Vendor shall see to the refund of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Vendor was informed of the decision to withdraw.  The refund shall be made using the same payment tool used for the original transaction. If the Products were shipped using a carrier chosen by the Consumer and at the expense of the latter, the Vendor may suspend the refund until receipt of the Products or until the Consumer has demonstrated that the Products have been shipped back, if before. The Consumer is uniquely responsible for the reduction in value of the goods resulting from a handling of the Product other than that required to maintain the nature, characteristics and functioning of the Product. The Product must nonetheless be stored, handled and inspected with due diligence and returned intact in each and every part, fully functioning, accompanied by all accessories and instructions, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, and perfectly fit for its intended use and without signs of wear or dirt.  Withdrawal, moreover, is applied to the Product in its entirety.  Therefore it may not be exercised with regard to Product parts and/or accessories. If the Product for which withdrawal has be exercised has suffered a decrease in value resulting from a handling other than that required to maintain the Product’s nature, characteristics and functioning, the Vendor reserves the right to reduce an amount equal to the decrease in value from the refund amount.  The Vendor shall communicate this circumstance and the resulting reduced refund amount, providing, if the refund has already been paid, the bank details for the payment of the amount due from the user due to the reduction in the Product’s value. If withdrawal has not been exercised in accordance with that provided for by applicable law, the contract shall not be terminated and there shall be no right to any refund.  

If there is right of withdrawal, the Products must be returned to the address indicated in the section “Vendor Details” in the Introduction or to the address communicated on each occasion by the Vendor.

7.4 The Vendor deems it appropriate to point out that Product return costs are at your expense and under your responsibility.

 

Art. 8 Legal Conformity Guarantee

8.1 The Vendor is liable to the Consumer for any lack of conformity of the Product that occurring within two years of delivery. The action to assert defects not fraudulently concealed by the Vendor shall, in any case, be kept to within twenty-six months from the delivery of the goods. 

8.2 Unless otherwise proven, conformity defects that become apparent within twelve months of delivery of the Product shall be presumed to have existed on that date, unless such a presumption is not compatible with the nature of the Product or with the nature of the conformity defect.  From the twelfth month after Product delivery, it shall instead be the responsibility of the Consumer to prove that conformity defect existed  at the time of delivery.

8.3 In the event of lack of conformity of the goods, the Consumer has the right to the restoration of conformity or receive a proportional reduction in price or the termination of the contract.

8.4 The Vendor is not liable in the event of damage, of whatever nature, deriving from the improper use of the Product and/or not in compliance with the instructions provided by the manufacturer as well as the event of damage deriving from unforeseeable circumstances or force majeure.

 

Article 9 - Loyalty program

9.1 The LOYALTY PROGRAM is a loyalty initiative that rewards the Seller's customers with benefits specified on the Website from time to time.

9.2 Enrollment occurs at the time of registration on the Website and does not entail any additional costs.

9.3 Your data, for the purpose outlined in this article, will be processed in accordance with the privacy policy published on the Website.



Art. 10 Applicable law and court of jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Sales contracts concluded through the Website are governed by that indicated in these General Terms and Conditions of Sale and, if not indicated, by German law (specifically by the Bürgerliches Gesetzbuch (BGB), the German Civil Code).

10.2 Please note that in the case of a consumer user, for all disputes regarding the application, execution and interpretation of this document, the court of jurisdiction is that of the place where the user resides or has elected domicile. 

10.3 If you have filed a complaint directly to the Vendor, after which it has not been possible to resolve the dispute thus arising, the Vendor shall provide information about the Alternative Dispute Resolution entities for an out-of-court settlement of the disputes regarding obligations deriving from a contract concluded according to these General Terms and Conditions of Sale, specifying whether or not it intends to avail of such entities to resolve the dispute.

10.4 The Vendor informs you that a European platform has been established for online resolution of consumer disputes (ODR platforms). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. On this platform you may consult the list of ADR entities, find the link to each of their websites and start an online settlement procedure for the dispute in which you are involved.

10.5 The user who is residing in a member state of the European Union other than Italy may have access, for all disputes regarding the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small disputes, by (EU) Regulation no. 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed Euro 5,000.00, excluding interest, rights and costs. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

 

Art. 11 Customer Care

11.1 It is possible to request information, send communications, request assistance or you may write to the Vendor at the addresses indicated in the introduction or use the contact form available on the Website.  The Vendor shall respond within an approximate time of two days.