TERMS & CONDITIONS
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These General Terms and Conditions of Sale ("Terms") apply to all sales of goods ("Products") by North Sails Group (“North Sails”, "we", "us", or "our"), whether made by email, telephone, in person, or any other means. They exclude all sales of goods and service made via the website www.northsails.com ("Website"), which are subject to separate online T&C’s.
By placing an order, the buyer ("Customer", "you") accepts these Terms. Any additional or different terms proposed by the Customer are expressly rejected unless agreed in writing by North Sails.Art. 1 Scope of application
These Terms govern all offers, sales, and deliveries of Products by North Sails to Customers globally, unless otherwise expressly agreed in writing. Local mandatory consumer protection laws remain unaffected where applicable. They exclude all sales of goods and service made via the website www.northsails.com ("Website"), which are subject to separate online T&C’s
Art. 2 Order and contract formation
2.1 Orders must be confirmed in writing by North Sails (including email confirmation) to be binding.
2.2 Quotations issued by North Sails are non-binding and subject to availability until accepted in writing.
2.3 No verbal agreements are binding unless confirmed in writing by North Sails.
2.4 North Sails may refuse orders at its discretion without liability.
Art. 3 Prices3.1 Prices are those specified in the order confirmation and, unless otherwise stated, are:
· Exclusive of VAT or other applicable taxes (which shall be charged separately if due),
· Exclusive of shipping, insurance, customs duties, or similar charges.
3.2 North Sails reserves the right to adjust prices in case of changes to duties, exchange rates, material costs, or other circumstances beyond our reasonable control.
3.3 All changes to anticipated VAT or import duties that result from a change in delivery routing or delivery location, regardless of cause, shall be borne by the Customer.
Art. 4. Payment terms4.1 Payment is due as stated in the invoice or order confirmation. Unless otherwise agreed:
· Standard payment terms are payment in full prior to shipment for Consumers, and
· Net 30 days from invoice date for approved business Customers.
4.2 North Sails reserves the right to withhold delivery of any Product until full payment is received.
4.3 In case of late payment, interest will accrue at the rate permitted under applicable law.
4.4 Products remain the property of North Sails until full payment is received ("Retention of Title").
Art. 5 Delivery and risk5.1 Delivery terms are Ex Works (Incoterms® 2020) North Sails' nominated warehouse, unless otherwise agreed.
5.2 Delivery dates are estimates only. North Sails is not liable for any delays unless expressly agreed in writing as binding.
5.3 Risk of loss or damage passes to the Customer at the point of delivery to the carrier or, if applicable, when the Customer or their representative takes possession.
5.4 Regardless of quoted delivery dates, North Sails has the right to ship complete or partial orders as and when they are ready for dispatch to the delivery address provided by the Customer at time of order or any alternate delivery address agreed in writing with the Customer prior to dispatch.
Art. 6 Inspection and acceptance6.1 The Customer must inspect Products immediately upon delivery and notify North Sails in writing within five (5) business days of any visible defects or quantity discrepancies.
6.2 Failing such notification, Products are deemed accepted as delivered.
Art. 7 Warranty7.1 North Sails warrants that Products conform to the agreed specifications at the time of delivery.
7.2 For consumer Customers, statutory warranty rights apply for a period of two (2) years from delivery.
7.3 For business Customers, the warranty period is twelve (12) months from delivery.
7.4 The warranty excludes:
· Damage caused by misuse, neglect, improper storage, alteration, or installation not performed by North Sails,
· Normal wear and tear.
7.5 Remedies are limited, at North Sails' discretion, to repair, replacement, or refund of the purchase price.
Art. 8 Limitation of liability8.1 To the extent permitted by applicable law, North Sails' liability is limited to direct damages only and capped at the value of the defective Product.
8.2 North Sails is not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or business opportunities.
8.3 Nothing in these Terms limits liability for death, personal injury, or fraud where such liability cannot be excluded under applicable law.
Art. 9 Force majeure
North Sails is not liable for failure to perform or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, government actions, labour disputes, shortage of materials, transportation delays, or pandemic-related restrictions.
Art. 10 Intellectual propertyAll intellectual property rights in the Products and associated materials remain the sole property of North Sails or its licensors. No rights are transferred to the Customer except as necessary for normal use of the Products.
Art. 11 Governing law and dispute resolution11.1 These Terms and any disputes arising from them are governed in accordance with the laws of England and Wales, without regard to conflict of law principles, and subject to mandatory consumer protection laws where applicable.
Art. 12 Miscellaneous12.1 No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
12.2 If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 These Terms constitute the entire agreement between the parties regarding the sale of Products and supersede any prior terms, agreements, or understandings.