Terms and conditions

Terms and conditions

Welcome to sailservice.it. If you keep using this website, you’ will then accept the following terms and conditions that, together with our privacy policy, rule the relationship with sailservice.it. The website www.sailservice.it is managed by the company Sail Service Sas di Mario Berlati e C., located in Viale A. Vecchi 70 – 48122 Marina di Ravenna (Ra), with VAT ID number 02650810399 and fiscal code: 02650810399. With the terms “you”, “client” and “user”, we will refer to the website visitor or the user of the products and services offered.

General Sales Conditions

1. The following General Sales Conditions (then, General Conditions) have the object of ruling the not physical purchasing of products and services. These are then sold through the Internet by the website www.sailservice.it (then, the Website or SAIL SERVICE).

2. The products that are available on the Website belong to the sailing equipment category; therefore, the services that are available on the Website are related to the selling of the beforementioned products. All the offered products and services are displayed on the Website (www.sailservice.it).

3. The Website owner is Sail Service Sas di Mario Berlati e C., located in Viale A. Vecchi 70 – 48122 Marina di Ravenna (Ra), with VAT ID number 02650810399 and fiscal code: 02650810399. It is also the owner of all the brand’s rights. The purchases of products and services that are done through the Website (then, the Purchasing Contract) by the users that log into it (then, the Clients) are solely ruled by the General Conditions.

4. The Client has to carefully read the Sales Conditions that SAIL SERVICE makes available for them to reproduce as well as memorize the Conditions under the provisions of art. 12, co. 3° of the D. Lgs. n. 70/2003.

5. Sail Service Sas di Mario Berlati e C can change, at any time and without further notice, the content of the General Conditions. The eventual modification will take place when the Website will be published, a date that is declared in the header of the following General Conditions.

Purchasing process

6. The Client can purchase the products in the SAIL SERVICE electronic catalog, with a detailed description on the Website, respecting all the technical procedures that are described here. The products and services published on the Website are a Client invitation to formulate a purchasing contract proposal. The order that the Client sends is considered to be a contract proposal and implies the full knowledge as well as the total acceptance of the following General Conditions.

7. Successful receipt of the Customer’s proposal is confirmed by SAIL SERVICE through an automatic response that is sent to the Client’s e-mail address. The SAIL SERVICE automatic response is automatically generated by the Website and only confirms the correct receipt to our systems. This message will also contain a “Client Order Number” that will be used in all the following communications with SAIL SERVICE. The message contains, along with all the mandatory information that is required by the law, all the data that had been filled in by the Client who has to verify that they are correct and to communicate the eventual correction.

8. Each Purchasing Contract between SAIL SERVICE and the Client has to be intended as concluded with the acceptance of the order from the SAIL SERVICE side. SAIL SERVICE can either accept or not, at their own discretion, the order sent by the Client, without the latter having any claim or right whatsoever, for any reason whatsoever, in the event of non-acceptance of the order. SAIL SERVICE tacitly accepts the order, if not communicated through an e-mail to the Client within 96 hours after the order has been sent.
Errors: SAIL SERVICE claims the right to deny and cancel any order for a product that displays with a wrong price, or for orders whose total amount is wrongly calculated. SAIL SERVICE has the right to deny or cancel these orders, even if the order has already been confirmed and the payment has already been done. If this is the case, SAIL SERVICE will refund the Client through a bank transfer.

9. When a Client confirms an order through the operational procedures that the Website requires, he/she confirms to have read the purchasing procedures and to fully accept the General and Payment Conditions that are described as follows.
Products prices – Products availability – Shipping cost

10. Our prices are all indicated in Euros and they include the Italian valued added tax (VAT: 22%) provided by law. The products’ prices, as displayed on the Website, can be modified any time without any notice, it is understood that limited to orders being accepted or as above accepted by SAIL SERVICE, the conditions of sale in force at the time the order is sent by the Customer shall apply. The shipping costs are displayed later during the purchasing process.

11. The company Sail Service Sas di Mario Berlati e C. has the right to not complete the promised service if after the conclusion of the contract the good is not available in the previously indicated time on the Website or if it is not possible for SAIL SERVICE to acquire the ordered goods. If we are not able to deliver the ordered goods, we expressly reserve the right to non-performance. Payments already done will be refunded immediately.

12. Each delivery shipping cost, which may vary depending on the destination country and the total amount of the order, is summed to the Purchase Contract price and it is explicitly communicated to the Client via the Website, right before the conclusion of the Purchase Contract.

Payment

13. The price has to be paid fully on the day of the order validation. We will not proceed with the delivery of the goods if the total amount is not paid. We do not grant any discounts unless otherwise stipulated.
At the end of the purchasing process, the following payment method will be proposed:
· Credit card (Visa, Mastercard, American Express)
· PayPal secure payment system
· Advance payment by bank transfer

According to the result of the trust level analysis as well as the transaction, we have the right to not propose some kind of payment method. Whichever method you choose, payment is only considered final once the sums have actually been paid into our account in full. Payment in cash or by bank cheque is not permitted.

Delivery and documentation

14. Each products’ delivery will be at SAIL SERVICE risk. The risk will be transferred to the Client when they receive the products from the courier, carrier, or other agent engaged by SAIL SERVICE for the delivery.

15. No responsibility and no compensation, for any reason whatsoever, may be charged by the Customer to SAIL SERVICE in case of delay in the order processing or in the delivery of products covered by the Purchase Contracts.

16. Products are delivered at street level. When the courier engaged by SAIL SERVICE delivers the order, the Client has to check that (a) the number of packages delivered corresponds to those indicated in the shipping document and that (b) the package is undamaged.

17. Eventual damages to the package and/or to the products, the missing delivery of packages or indications needs to be immediately notified by the Customer, by writing “ACCEPTED WITH RESERVE” on the courier’s delivery receipt and specifying the reason for the reservation (e.g. wet package, tampered package, etc.). In addition, the Customer has to promptly notify – and not after 8 (eight) days after the delivery date – to SAIL SERVICE (by sending a message to info@sailservice.it) each eventual issue in regards to the physical state, the correspondence, and the completion of the received products.

18. Cases of force majeure, no availability of the goods and the shipping methods, or unforeseeable or unavoidable events that may cause delivery delays or that may cause difficulties or impossibilities in the delivery, may be subjected to a rise in the shipping cost to SAIL SERVICE. Therefore, SAIL SERVICE will have the right to fraction, postpone or cancel, the delivery (the Purchase Contract). If it is the case, SAIL SERVICE will promptly communicate it to the Client’s email address; the Client, on the other hand, will have the right to send back the already received goods excluding any further claim, for any reason, against SAIL SERVICE.

Right of withdrawal

19. The Client shall be entitled to withdraw the Purchase Contract for any reason and without giving any explanation if they respect the following procedures.
Exclusion: some particular products cannot be withdrawn which nature makes them impossible to be resold. The products that cannot be withdrawn are products that do not belong to the catalog, due to an expressive request from the manufacturer, personalized products (modified, embroidered, or customized), and products sold by the meter and therefore cut expressly to the size required by the customer (such as ropes).

20. In order to comply with the withdrawn right, the Client will have to send a withdrawal request before and not after 14 working days from the date they receive the products.

21. The return shall be done by the Client, through the shipping of the interesting products and through their chosen courier. Products have to be shipped before and not after 14 days from the date the Client has received the product. The shipping address for the return is as follows:

Sail Service Sas di Mario Berlati e C.
Viale A. Vecchi 70
48122 Marina di Ravenna (RA)
Italy

22. For the valid exercise of the aforementioned right of withdrawal, the Customer shall comply with the following terms and conditions:
– the withdrawn can be applied even to a single product of a Purchase Contract composed of various products. The withdrawn is applied to the product as a whole;
– products forming the subject matter of Purchase Contract in relation to which the Customer has exercised the right of withdrawal have to be undamaged, clean, never utilized, and in a state as equal as new. They have to be given back in the original package, complete with all its parts; particularly, if the products consist of audiovisual products or magazines, the packaging seals and/or SIAE marks must not be broken or removed;
– the Client will arrange, at their own care, the shipment and the withdrawn of the products to SAIL SERVICE;
– if a withdrawal product may result to be damaged during the carriage, SAIL SERVICE will communicate the happening to the Client so they can promptly file a complaint against the carrier of their choice, against whom they (and/or the relevant insurance company) shall have recourse;

23. SAIL SERVICE does not respond to any product damages or loss or theft that are subjected to the withdrawal; therefore, any related risk is only applied to the Client.

24. Once it is verified that the product is undamaged and in perfect shape, SAIL SERVICE will refund the total amount to the Client, before and not after 30 days the products are received. The refund is applied only to the products; order management costs are excluded (packaging, transport, cash on delivery, etc.). The refund will take place through Bank Transfer after instructions, as well as bank coordinates, are given to SAIL SERVICE by the Client.

25. If the conditions expressed in paragraphs 22 and 23 are not followed – as well as in case of damage to the products for reasons other than the transportation of the same, the Purchase Contract will remain valid and effective and SAIL SERVICE will return to the Client the products unduly returned, charging the corresponding shipping costs.

Warranties in the event of a defective product

26. Until the end of two years from the delivery of the products, SAIL SERVICE is responsible towards Customers, in accordance with art. 130 and 132 of Legislative Decree 206/2005, for any lack of conformity of the products existing at the time of delivery, with particular regard to products resulting defective or damaged.

26.1 Exceptions:
The warranty is valid for one year only for electro-hydraulic components inside the products, such as electric motors, electrical equipment, hydraulic pumps, motors, and valves.

27. The Client does not have the right recognized by the art. 130, comma 2 of the D.Lgs. 206/2005 if they do not report the detected conformity defect to SAIL SERVICE within two months from the date he discovered the defect.

28. SAIL SERVICE will make every diligent effort to replace at its own expense, with other products of the same quality and title available in its warehouses, those products delivered that are damaged or defective, provided that they have been returned by the customer in their original packaging (complete with all parts). If replacement with the same product is not possible, SAIL SERVICE will refund the Customer the amount paid for the defective product, excluding any further liability of SAIL SERVICE, for any reason whatsoever.

29. Each description provided by SAIL SERVICE regarding the products’ operation has to be intended as references not as a guarantee. SAIL SERVICE does not have any responsibility for personal hurts, working hurts, or any other hurts derived by the use of a product sold through its Website. SAIL SERVICE does not have any responsibility for special, incidental, and consequential damages included but not limited to goods’ loss or complaints by the purchaser’s customers which may arise and or result from the sale, installation, or use of these products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms.

Territorial jurisdiction

For any controversy, for all contractual and legal purposes, the Court of Ravenna shall have exclusive jurisdiction.