Terms of Sale
Posted and effective as of November 1st, 2023
1) SCOPE AND ACCEPTANCE OF THE TERMS OF SALE
These terms and conditions of sale (hereinafter, the "Terms of Sale") establishes the conditions for the sales made between any individual wishing to make a purchase of Alpinestars products (hereinafter, the "Product") from https://eu.alpinestars.com website (hereinafter, the "Online Store" or "Website") and Alpinestars S.p.A., a company duly incorporated under the laws of Italy, with registered office in V.le Fermi, 5, 31011, Asolo (TV), Italy, TAX Code and VAT No. 01171110263 (hereinafter, the "Company", "we" or "us").
The Online Store is not meant for minors. If the individual is between 14 (fourteen) and 17 (seventeen) years of age, a parent or legal guardian must accept these Terms of Sale on behalf of the under-age user and ensure that they fully understand the operation of the Online Store. The parent or legal guardian is responsible for any use of the Online Store by the under-age user in compliance with the Terms of Sale, including, without limitation, payment for all purchases made by the latter.
2) CHANGES TO THE TERMS OF SALE
We may revise and update these Terms of Sale from time to time, also in accordance with any changes in applicable legal or regulatory requirements.
We will state the effective date above. Any changes to the Terms of Sale will apply to orders placed on or after the effective date.
3) PLACING AN ORDER
In case you created an account with a personal user identification and password, keep your password always protected and do not disclose it to anyone else – except in case you need to disclose it to an under-age user, as their parent or legal guardian, as described in section 1) above – as you are personally responsible for each purchase made using your user identification and password.
4) ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Product(s) listed in your cart under these Terms of Sale. All orders must then be accepted by us. We may choose not to accept orders in the event of reasonable suspicion of fraudulent or illegal activities, including in case of notably abnormal orders, orders which we suspect are not placed in good faith or are placed for commercial / non-personal purposes.
After having received your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Product(s) you have ordered and the Terms of Sale. Acceptance of your order will take place the moment you can access the order confirmation email. The order confirmation email is your proof of purchase, please store it.
5) PRICES AND PAYMENT
The price charged for Product(s) will be the price in effect at the time the order is placed. We may change prices at any time without notice. Price increases will only apply to orders placed after such changes. The total purchase prices for the Product(s) include VAT and any other applicable taxes, as well as any charges for shipping and handling and their related VAT. You are responsible for providing accurate shipping information (such as delivery address, phone number, contact person references if different from you, any other relevant information for supporting the effective delivery of the Product(s)).
Payment can be made by credit card or PayPal.
The Product(s) will be shipped within 10 (ten) working days of order confirmation. We deliver Product(s) to the European Union and the United Kingdom.
The ready-to-ship date will be confirmed in the order confirmation. Delivery date will not exceed 30 (thirty) days unless you specifically agree to a later date. In case you do not accept and/or fail to take delivery of the Product(s) following a minimum of 2 (two) delivery attempts by us or the carrier appointed by us, you will be informed of the possibility to pick-up your ordered Product(s) at the place indicated by us within the next 7 (seven) business days. If this period expires without the ordered Product(s) being collected, we will refund you less the reasonable additional costs incurred by us (e.g., storage costs).
7) PRODUCT AVAILABILITY
Note that certain Products may be subject to stock limitations. Information contained in our advertising, brochures, other written materials, on our web sites or given to you, is for information purposes only and not an offer to supply any Product. We do not guarantee the availability of any Product in the Online Store. We reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product. In any case, if a Product ordered and already paid for by you is no longer available, we will promptly inform you about this circumstance and refund all payments already received from you without undue delay.
8) COMPATIBILITY AND PRODUCT INFORMATION
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information), the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.
9) RIGHT OF WITHDRAWAL
You, as a consumer, have the statutory right to withdraw from the contract of sale within 14 (fourteen) calendar days from the date you acquire – or a third party other than the carrier and indicated by you acquires – physical possession of the Product(s), without giving any reason. However, we want our customers to be satisfied with the Product(s) purchased; therefore – in addition, and without prejudice to the statutory right of withdrawal mentioned above – we are willing to grant you an extended contractual right of withdrawal from the contract of sale within 30 (thirty) calendar days, without giving any reason. This extended withdrawal period will expire after 30 (thirty) calendar days from the date you acquire – or a third party other than the carrier and indicated by you acquires – physical possession of the Product(s).
To exercise the right of withdrawal, you must inform us (Alpinestars S.p.A., with registered office in V.le Fermi, 5, 31011, Asolo (TV), Italy, +39 0423 5286, firstname.lastname@example.org) of your decision to withdraw from the contract of sale by an unequivocal statement (e.g., by post, email or chat). You may use the model withdrawal form attached, but it is not mandatory. We will send you a confirmation of receipt of the withdrawal without delay on a durable medium (e.g., by email or chat). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Your right of withdrawal is excluded in case you purchase tailored Product(s) or Product(s) that are clearly personalized.
10) RETURN AND REFUND
To return the Product(s) following the exercise of your right of withdrawal under section 9) above, we will send you a shipping label through email or chat for returning the product to our warehouse. You will then have to return the Product(s) without undue delay and, in any event, not later than 30 (thirty) calendar days after the date on which you notified your decision to withdraw from the contract of sale. The deadline is met if you send back the Product(s) before the period of 30 (thirty) calendar days has expired.
You must return the Product(s) in their original package. You must include all accessories, and user manuals that came in the same package. Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel.
The cost of returning the Product(s) will be borne by the Company.
As a consequence of the exercise of your right of withdrawal, we will refund all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any case, within 14 (fourteen) calendar days of receipt of our receiving the Product(s) back or of your suppling evidence that you have sent back the Product(s), whichever is the earliest. The refund will be confirmed by email. Refund will be carried out using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees because of such refund.
In case of withdrawal, you will be solely liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s). In this case, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
11) LEGAL WARRANTY
We encourage you to examine the delivery package and received Product(s) after they are delivered to you and check their condition and that the content of the delivery package is conforming and complete. In case of damaged or missing Product(s), you can contact our support service at email@example.com.
All purchased Product(s) are covered by a legal warranty of conformity in case of conformity defects existing at the time of delivery and that become apparent within 2 (two) years from that moment. Unless the relevant defects have been fraudulently concealed by the Company, you may assert the conformity defects within 26 (twenty-six) months from the date of delivery.
In the event of a conformity defect, you have the right to (i) have the defective Product(s) conformity restored or (ii) receive a proportional reduction of the price paid or (iii) terminate the contract of sale.
Under point (i) above, you may choose between repairing and replacing the Product(s) – free of charge, within a reasonable period after we have been informed by you of the lack of conformity, and without considerable inconveniences to you, considering the nature of the Product(s) and the purpose for which you wanted the Product(s) – unless the remedy chosen is impossible or, compared to the alternative remedy, it imposes excessive costs on us, considering all the circumstances and, in particular, (a) the value that the Product(s) would have in the absence of the conformity defect, (b) the extent of the lack of conformity, and (c) the possibility to pursue the alternative remedy without significant inconvenience to you. In case of repair or replacement, you must make the Product(s) available to us. We will collect the replaced Product(s) at our expenses. You are not obliged to pay for the normal use of the replaced Product(s) in the period prior to replacement. We may refuse to bring the defective Product(s) into conformity if the repair or replacement is impossible or the costs which we should bear are excessive, considering all the circumstances, including points (a) and (b) above.
Under points (ii) and (iii) above, you have the right to a proportional price reduction or terminate the contract of sale if: (a) the Company did not repair or replace the defective Product(s) or we did not repair or replace the defective Product(s), where possible, under Article 135-ter, paragraphs 1, 2, and 3, or we refused to restore the Product(s) conformity under paragraph 3; (b) a conformity defect occurs despite our attempt to restore the defective Product(s) conformity; (c) the conformity defect is so serious as to justify the immediate price reduction or the contract termination; or (d) the Company declared or it is clear from the circumstances that we will not restore the defective Product(s) conformity within a reasonable period or without considerable inconveniences to you. You have not the right to terminate the contract if the conformity defect is only of minor importance.
You should exercise the right to terminate the contract through a direct statement to us including your willingness to terminate the contract. If the lack of conformity only concerns some of the Product(s) delivered under the contract and there is a cause for contract termination pursuant to Article 135-bis, you may terminate the contract only in respect of the non-conforming Product(s) and those purchased together with the non-conforming Products unless your interest to maintain the non-defective Product(s) is reasonably presumed. In case of termination, (i) you must return the Product(s) to us at our expense, and (ii) the Company will refund to you the price paid for the Product(s) upon receipt of the Product(s) or of evidence provided by you that you have returned or dispatched the Product(s).
You have the right to refuse to perform any payments under the contract until the Company has complied with their obligations under this section 11).
More information on the legal warranty is available at https://eu.alpinestars.com/policies/legal-notice [●].
12) FORCE MAJEURE
We shall not be held responsible for any delayed delivery or failure to perform, if the delay or failure is caused by any circumstances beyond our reasonable control, including but not limited to, acts of war or terror, strikes, national or local states of emergency, government or other authorities orders, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters (hereinafter, "Force Majeure").
In case of Force Majeure, we will make any reasonable efforts to comply with our obligations under these Terms of Sale. Should the event of Force Majeure continue for a minimum period of 3 (three) months, you and the Company reserve the right to withdraw from the contract of sale. In this case, we will refund any payments received from you without undue delay.
These Terms of Sale set out the full extent of our obligations in respect of the supply of the Products. To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these Terms of Sale.
To the maximum extent permitted by the applicable law, we will not be responsible for ensuring that the Products are suitable for your intended purposes. While we will use reasonable endeavors to verify the accuracy of any information we place on the Online Store, we make no warranties, whether express or implied, in relation to its accuracy (save as expressly set out in these Terms of Sale).
We make no warranty that the Online Store will meet your expectations or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store.
Subject to the paragraph below, we shall not be liable for any direct or indirect damages or losses of any kind arising out or in connection with your purchase of the Product(s) on the Online Store. Damage to property is compensable only to the extent that it exceeds the amount of Euro 387,00 (three hundred and eighty-seven).
However, nothing in this section 14) should affect your statutory rights under the applicable law and nothing in these Terms of Sale should affect any liability which cannot be excluded or limited under applicable law, including in case of gross negligence and willful misconduct, as well as in case of death or personal injury under product liability.
If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
No failure by you or the Company to exercise, or delay in exercising, in whole or in part, any right or remedy under these Terms of Sale should operate or be construed as a waiver thereof.
16) GOVERNING LAW AND JURISDICTION
These Terms of Sale are governed and must be interpreted in accordance with the laws of Italy.
Any dispute or claim arising out of or in connection with these Terms of Sale should be submitted to the jurisdiction of the Court of Treviso. However, you, as a consumer, reserve the right to submit any dispute or claim arising out of or in connection with these Terms of Sale to the courts of your place of residence or elective domicile.
We also inform you about the existence of an online dispute resolution platform adopted by the European Commission and accessible at Online Dispute Resolution | European Commission (europa.eu) (so-called "ODR Platform") through which you have the possibility to solve your consumer disputes. More information on the ODR Platform is available at https://eu.alpinestars.com/pages/risoluzione-online-delle-controversie [●].
17) SUPPORT SERVICE
Our support service will assist you with any Online Store order related questions. You can contact us at firstname.lastname@example.org.
Pursuant to Article 1341 of the Italian Civil Code, you specifically approve the following sections of these Terms of Sale: section 14) (Disclaimer) and section 17) (Governing law and jurisdiction).