Terms and Conditions
This document contains the general terms and conditions on the basis of which the use of the web site www.jmsailsandbags.com that provides bags, accessories and services related to sails, sailcloth, sail making and canvas is offered to the users.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the
plural, shall have the meaning indicated below:
Owner: Jean Martin Grisar, Viale Pola 54, grsjmr6g8e03z103d, certified e-mail address (PEC) firstname.lastname@example.org
Application: the web site www.jmsailsandbags.com
Products: the goods and/or the services provided through the Application
User: any person who accesses and uses the Application
Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession
Non-Consumer User: the natural person of legal age or legal person who enters into a contract for the performance or for the needs of his trade, business or profession
Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.
2. Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and/or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product. Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphics interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.
3. Purchase or delivery request through the Application
All Products o????ered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the photographs of the Products shall be considered as a mere representation and do not constitute a contractual element.
Purchases and/or delivery requests of one or more Products through the Application are permitted both to Consumer Users and to Non-Consumer Users.
Purchases and/or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and/or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.
The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal and/or a delivery request, subject to the confirmation and/or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User's order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.
The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the email address indicated by the User or by displaying a web order confirmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and/or taxes, if any, supply and execution times, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products is not effective between the parties in the absence of what is indicated in the preceding paragraph.
In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.
The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.
To take advantage of the features of the Application, the User shall register and provide, truthfully and completely, all data requested
The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them con????dential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and/or penalty resulting from and/or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.
5. Account cancellation and closure
The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com.
In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.
6. Prices and payments
For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the
Product, the methods for calculating the price shall be indicated.
Furthermore, all possible taxes, additional costs and delivery costs, which may vary depending on the destination, the chosen delivery method and/or the payment method used shall be indicated. If these expenses items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.
The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.
The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
Should these third-party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.
The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the
The user declares that the information provided is true and releases the Owner from any liability in this regard.
The material products and/or digital goods supplied on material support shall be delivered to the address indicated by the User, in the manner and at the time chosen or indicated in the Application and reported in the order confirmation. Unless otherwise is specified, the delivery terms specified in the order confirmation shall provide the period of time usually required to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to provide the Products requested, prompt notice shall be given to the User via e-mail, indicating the expected time of delivery or the reasons that make the delivery not possible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its compliance with the order as well as the integrity of the packaging. In case of evident damage to the packaging and/or to the Product, the User can refuse the delivery of the Product and may return it without any charge. Once the delivery document has been signed, the User cannot make any objection to the external characteristics of the Products delivered.
The Owner is not liable for damages losses and costs incurred as a result of the failure to execute the contract due to force majeure.
The Owner shall provide the services to the User, in the manner and at the time indicated in the Application and detailed in the order confirmation.
In the event that it is not possible to supply the services within the aforesaid terms, the Owner shall promptly notify the User via email, indicating the expected time of the delivery or the reasons that make the delivery impossible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request the refund of the amount paid. The refund shall be paid promptly with the payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.
10. Exclusion of the right to withdrawal of Non-Consumer Users
The Non-Consumer User is not entitled to withdraw from the contract of sale or delivery of the Products. The User expressly
acknowledges that the indication in the order of a VAT identification number qualifies him as a Non-Consumer User.
11. Exclusion of the right to withdrawal of the Consumer User
The right to withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded relatively:
the supply of Products made to the Consumer’s specifications or clearly personalised
For more information, the User shall contact the Owner at the e-mail address firstname.lastname@example.org.
12. Material Products’ guarantee of conformity
The legal guarantee of conformity, as provided for in Sections 128-135 of the Italian Consumer Code, is recognised for all the Products sold through the Application that fall under the category of "consumer goods", as regulated by Section 128, paragraph 2 of the Italian Consumer Code: any tangible movable items, also to be assembled, with the exception of i) sold by way of execution or otherwise by authority of law, also by delegation to notaries, ii) water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, iii) electricity.
The legal guarantee of conformity is reserved only to Consumer Users.
Non-Consumer Users are subject to the guarantees for defects of the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided for by the Italian Civil Code (Sections 1490 and following of the Italian Civil Code). For the provision of services, the guarantees provided for by Sections 1668 and 1669 of the Italian Civil Code shall apply.
The Owner undertakes to deliver the Consumer User Products in compliance with the sales contract. The Products are presumed to be in conformity with the contract if they:
a. are fit for the purposes for which goods of the same type are normally used
b. comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model
c. show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specificfic characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling
d. are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
Any faults or malfunctions caused by accidental facts or by the responsibility of the Consumer User or by use of the Product that is not in conformity with its intended use and/or with the technical documentation provided are therefore excluded from the scope of application of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. After 6 months, the Consumer User must provide proof that the damage was not caused by incorrect or improper use of the Product.
According to Section 130 of the Italian Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to restore the conformity of the Product, without charge. To this end, the Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively expensive. Furthermore, the Consumer User has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not repaired or replaced the Product within a reasonable period; iii) the replacement or repair has caused considerable inconvenience to the Consumer User.
In order to to use the remedies provided by the guarantee of conformity, the Consumer User shall send a written communication to the e-mail address email@example.com.
The Owner shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the defect reported.
13. Content sent by the Users
The User can upload Content on the Application, provided that it is not illegal (e.g. obscene, intimidating, defamatory, pornographic, abusive or for any reason illegal or in violation of privacy, the intellectual and / or industrial property rights of the Owner and / or third parties ) or is not otherwise harmful to the Owner and / or third parties or contains viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming.
The User guarantees that the Contents are sent to the Application through his account from a natural person of legal age. For natural persons under the legal age, the sending of Contents must be examined and authorised by the parents or by those exercising parental authority.
The User is the sole and exclusively responsible for the use of the Application with regard to the publication, consultation, management of the Content and contact between Users and is, therefore, the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and its own behaviour.
In the case of publication of announcements, the User guarantees the availability and/or ownership of the good / service covered by the advertisements themselves. The User also guarantees that their ads do not infringe any copyright or industrial property right or any other right of third parties. In the event of a dispute by a third party regarding any announcement or conduct related to it, the User assumes full liability and undertakes to hold the Holder harmless from any damage, loss or expense.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to use his identity, or in any other way to declare false information about the origin of the Contents.
The Owner is unable to ensure timely control over the Content received and reserves the right at any time to cancel, move or modify the Content, which, at its discretion, appears to be illegal, abusive, defamatory, obscene or prejudicial to the right to author and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Content sent, without limitations of geographical areas. The Owner may, therefore, directly or through trusted third is, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, note, encode, modify and adapt (including without limitation the right to adapt for transmission in any form of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, including through third parties.
The Content sent will not be returned and the Owner will not be liable towards Users for the loss, modification or destruction of the transmitted Content.
It is expressly forbidden unless explicitly authorised by the Owner: i) the use of automatic announcement uploading systems, except those expressly authorised, ii) serial publication and/or management of advertisements for third parties by any means or method, iii) resell the Owner's services to third parties.
14. Creative Commons License
The Contents and/or materials available on the Application are made available on the basis of the terms of this license“Creative Commons Public Licence CC-BY 4.0” (hereinafter the “License”). The Contents and/or materials available on the Application are protected by copyright, by the other rights attributed by the law on copyright (related rights, database rights, etc.) and/or by other applicable laws. Any use of the content and/or materials available on the Application that is not authorised under the License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that he agrees to respect the terms and conditions of the License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, transform the Contents and / or materials available on the Application by any means and format, for any purpose, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link to the license and indicates whether any changes have been made. The full license is available at this address: https://creativecommons.org/licenses/by/4.0/legalcode
15. Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or been error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner's will or due to force majeure events.
16. Limitation of liability
The Owner shall not be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or
malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment if he proves that he has taken all possible precautions according to the practice and knowledge available and to ordinary diligence.
The Owner shall not be held liable for:
any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion
In no case, the Owner shall be held liable for a sum greater than twice the cost paid by the User.
17. Force majeure
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
18. Links to third-party websites
The Application may contain links to third-party web sites/applications. The Owner has no control over them and, therefore, is in no
way responsible for the contents of these sites/applications.
Some of these links may link to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
20. Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, is located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the "consumer court" pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
Users who are not Consumers, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Owner is based.
21. Online dispute resolution for Consumer Users
The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and/or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/