TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS")
Posted and effective as of September 25th, 2023
These Terms and Conditions establishes the conditions for the sales made between any individual wishing to make a purchase of Alpinestars products (“Products”) from https://www.alpinestars.com websites (the “Online Store”) and Alpinestars USA INC., located at 2780 W.237th Street, Torrance 90505 (CA), United States (together "Alpinestars", "we" or "us" as the context may require).
- About these Terms and Conditions
These Terms and Conditions only apply to purchases made in the Online Store. We may change these Terms and Conditions from time to time. We will state the effective date above. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date. BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
- Placing an order
Please note that orders can only be placed by non-trading individuals. Therefore, we will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity. To be able to buy Products you have to provide your name and address, phone number, email address, payment details and other required information. In case you created an account with a personal user identification and password, keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
- Order processing and contract formation
You agree that your order is an offer to buy the Products listed in your cart under these Terms and Conditions. All orders must then be accepted by us. We may choose not to accept orders in our sole discretion and notably abnormal orders, orders which we suspect are not placed in good faith or orders which have not been placed by individuals. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion. 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 and Conditions. Acceptance of your order will take place the moment you receive the order confirmation email. The order confirmation email is your proof of purchase, please store it.
- Prices, shipping and handling charges and taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email. We may change prices at any time without notice. Price increases will only apply to orders placed after such changes. Prices for the Products include VAT or other applicable taxes but do not include customs duties where applicable and charges for shipping and handling. Separate charges for shipping, handling and their related VAT or other taxes will be shown on checkout and on the order confirmation email, if any. 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 goods).
The Products will be shipped within ten (10) working days of order confirmation – Incoterms DDP/CIP as per Incoterms® 2020. NOTE THAT LIMITED EDITION COLLABORATIONS MAY HAVE LONGER SHIPPING AND DELIVERY TIMES. In this case, this information will be given to you at checkout and in the order confirmation. We deliver Products only in the United States.
The ready to ship date will be confirmed in the order confirmation. Delivery date will not exceed thirty (30) days, unless you specifically agree to a later date. In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of seven (7) working days and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you less the reasonable additional costs incurred by us.
WE SHALL NOT BE HELD RESPONSIBLE FOR 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, FAILURE OF TRANSPORTATION FACILITIES, POWER OR UTILITY OUTAGES, EARTHQUAKES, OR OTHER NATURAL DISASTERS.
We encourage you to examine the delivery package and received Products within fourteen (14) calendar days after they are delivered to you and check their condition and that the content of the delivery package is complete. In case of damaged or missing Product(s), please contact our support service.
- 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.
- 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 Products as shown on the Online Store at the time of purchase will be seen as taking precedence.
Payment can be made by Credit Card or PayPal. All payments will be subject to security checks.
Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.
- Title to products
We retain full legal title to Products until we have received all amounts due on the ordered Product(s) in full.
- Return and refund
Please note that we will only process returns and refunds for Product(s) bought in the Online Store.
Cancellation right: If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided you notify our support service within fourteen (14) calendar days after the date on which you receive the Product(s). In case of a contract relating to multiple Products, your cancellation right will expire within fourteen (14) calendar days after the date on which you receive the last Product. In order to exercise your cancellation right, please notify by email our support service and use the return form. You may only return Product(s) over which you have taken reasonable care and which you have not used. You will be 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) you bought. In order to return the Product(s), you will need to complete a return form, which can be obtained from our support service. Once we have received your return form and validated your return request, we will send you a confirmation email. You will then have to return the Product(s) without undue delay and in any event not later than fourteen (14) days from the date on which you notified your decision to withdraw from the contract.
Return procedure: A return form will be sent to you from our support service and you will receive by email all information how to organize the return process. You must return the Product(s) in their original package. You must include all accessories, user manuals and any free gifts 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 are clearly visible on the outside of the parcel. To ensure fast and secure return we encourage you to follow the given return instructions and use the return label we provided to you (Note: return label is only provided if there is a fulfillment error on our end or if the item received is defective upon arrival). We will refund the price you paid for the Product(s) within fourteen (14) days of receipt of our receiving the Product(s) or of our receiving evidence that you have sent back the Product(s) whichever is the earliest. The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction. If you return Product(s) 1) that you are not entitled to return, 2) that are not in their original condition, 3) with Product(s)missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), 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.
Other return cases: If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our support service via email for assistance.
- Warranties and statutory rights
Our warranty policy for Product(s) is detailed on our website, section Warranty Policy. PLEASE NOTE THAT THIS WARRANTY POLICY DOES NOT (AND SHOULD NOT BE READ TO) AFFECT, EXCLUDE, LIMIT OR SUSPEND ANY OF THE STATUTORY RIGHTS YOU MAY HAVE. If you believe that you are entitled to warranty services, please contact our support service.
- Personal data
- Our liability
These Terms and Conditions set out the full extent of our obligations and liabilities 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 and Conditions. In particular, we will not be responsible for ensuring that the Products are suitable for your intended purposes. While we will use reasonable endeavours 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 and Conditions). We make no warranty that the Online Store will meet your requirements 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. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.
We shall not be liable whether in contract, tort or otherwise for any special, punitive, consequential or indirect losses, or any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or any other kind of loss or damage of any kind howsoever arising. However, nothing in this Section shall affect your statutory rights and nothing in these Terms and Conditions shall exclude or limit liability which may not be lawfully limited or excluded under applicable law, including without limitation liability arising from death or personal injury caused by negligence, or fraud.
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. In relation to purchases from the Online Store, we will communicate electronically by sending email or otherwise posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Please note that these terms and conditions do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
- Support service
Our support service will assist you with any Online Store order related questions. You can contact us via email.
- Governing law
These Terms and Conditions shall be governed and construed in accordance with the internal laws of the State of California.