1. TERMS AND CONDITIONS

1.    Previous information

The present Terms and Conditions of Sale will regulate the purchase and sale of the Products that SAIL IT PRO, S.L.  (hereinafter, "Sailit PRO") markets through its Website "WWW.SAILITPRO.COM" (hereinafter, the "Website").

The data of Sailit PRO are the following:

- Company name: SAIL IT PRO, S.L.
- Address:
Pasaje Villa Rosa, nº 20
Villa Rosa Industrial Estate
29004, Malaga
Spain
- C.I.F. number: B93742096
- Contact email: sales@sailitpro.com

2.    Acceptance of the Terms and Conditions of Sale and access to the Website

By using the Services of the Web Site, the user accepts the present Terms and Conditions of Sale, which define the rights and obligations of Sailit PRO with reference to the Web Site. These are the only Terms and Conditions of Sale applicable to the use of the Web Site (without prejudice that for certain Services there may be particular conditions) and to the placing of orders through the Web Site and will replace any other conditions.

Access to the Website does not require user registration. However, in order to purchase any of the Products offered by Sailit PRO, Users will be required to register, prior verification and acceptance by Sailit PRO, in accordance with these conditions before placing the corresponding order.

3.    Object

The present Web Site has been developed by Sailit PRO with the purpose of offering the Users products and services related to all types of water sports in general, as well as the offer of courses and training related to these sports (hereinafter, the "Products" and "Services").

When selecting the Products and/or Services of Sailit PRO, the User must choose the specific article that suits his needs. The purpose of these general conditions is to regulate the sale of these Products and/or Services to the Users.

4.    Creating an account

The Website offers the possibility of creating three types of user accounts depending on whether the user is an end consumer, a sports club or a private coach (collectively referred to as the "Users", and particularly as "Consumers" and "Professionals" respectively).

In this regard, the creation of an account by the user will be carried out through an online form that must be completed with the required data.

Users will be responsible for the use of their user account.

Taking into account this distinction of user account typologies, depending on the data that the user enters in the online form, the Website will assign different types of ID for Consumers, Professional Sports Clubs and Professional Private Trainers.

At the time of registration, Users must provide their data in an accurate, true, current and complete manner, as requested in the registration section of the Website. Among other aspects, the user must indicate in the registration application form their contact details: name and surname, company name and Tax Identification Number in the case of sports clubs, identification code for coaches and sports clubs, the sports club/organisation they belong to in the case of coaches or collaborators, delivery address of the Product and billing address (in the event that it does not corresponds with the delivery address), telephone, e-mail, method of payment, etc.

It should be noted in relation to the account that the user creates on the Website, that the user will have full responsibility for the management and use of his account.

Consequently, the user is responsible for the adequate custody and confidentiality of the username and/or passwords that allow him/her to access his/her account and agrees not to share their use with/to third parties, either temporarily or permanently, nor to allow access to them by third parties.

By virtue of the foregoing, the user shall immediately notify Sailit PRO through the e-mail sales@sailitpro.com of any improper use of his contact data (user name and/or password, etc.), due to circumstances such as theft, loss or unauthorized access to them, so that Sailit PRO may proceed to cancel or block and/or disable them as soon as it becomes aware of the improper use of the user´s account.

Until such facts are reported, Sailit PRO shall be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorized third parties.

5.    Use of the Website
    
Users undertake to make lawful, diligent, honest and correct use of any information or content accessed through the Website and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.

Sailit PRO reserves the right to disable the accounts of those Users who are misusing their account, carrying out fraudulent acts or who harm or may harm Sailit PRO in anyway.

In case Sailit PRO detects any anomaly or there are reasonable grounds that a user is carrying out any fraudulent acts that contravene good faith and these General Terms and Conditions of Sale, Sailit PRO reserves the right to terminate that user´s account, including all those users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may correspond. In this sense, Sailit PRO declares that it has enabled the appropriate mechanisms to detect any possible fraudulent, anomalous or malicious actions that intend to alter the general conditions of use of the account by the Users.

Sailit PRO reserves the right not to grant an account when it has reasonable and substantial reasons to believe that a user has violated these Terms and Conditions.

6.    Orders and terms of sale

Sailit PRO places orders to any country in the world, and therefore, the tax and customs charges to be applied on a given Product and/or Service will correspond to the applicable tax percentages in accordance with the regulations in force for each specific case.

Taking into account the above, the final price to be paid by the user for the product/s will vary according to the tax burden applicable in each specific case.

In this sense, and in order to make the purchase online, Users must fill in the purchase form on the Website, once they have accessed their user account in order to make the purchase.

Sailit PRO has Products in stock (i.e. in its warehouse), but may also offer its Products through the modality "under order" for those items that are not available in stock or that have or require special characteristics (such as, for example: sails of boats, customized or personalized items by the Users themselves, pieces of specific boats, etc.)  

7.    Prices and payment

All the purchase prices of the Products, as well as all the expenses that could derive from such purchase, which are indicated through the Website are expressed in Euros (and include VAT for those cases in which the end user is resident in Spain).

Notwithstanding the aforementioned, and for those Users who proceed to make a purchase of items through the Website from any European country other than Spain, the regulations in force on tax matters, and on import and export duties, must be applied in cases where the purchase is made from countries outside the EU.

As regards the form of payment, the User may pay the amount corresponding to his/her order by the means of payment accepted on the Website.

Likewise, Sailit PRO will make available to the Users a points exchange system by which, depending on the purchase that a user makes through the Website, a series of points will be assigned to his account so that he can spend them in the acquisition of other Product/s and Service/s offered in this Website for the value of those points.

For any of the payment options chosen by the user, Sailit PRO will always send an email to the user confirming the details of the purchase made and the corresponding invoice or receipt once the order has been placed, that is, after the acceptance of these Terms and Conditions and the making of the corresponding payment.

Users are guaranteed that the payment process is carried out with absolute security, in accordance with the protocols and security services required.

The User must notify Sailit PRO of any undue or fraudulent charge on the card used for purchases, by sending an e-mail to the following e-mail address:  sales@sailitpro.com, in the shortest time possible so that Sailit PRO can make the appropriate arrangements in relation to the specific issue.


Shipping Costs

The final prices for the products and services marketed by Sailit PRO will be specified expressly excluding those amounts corresponding to shipping costs.

In this respect, and in relation to the available delivery methods, users may choose between the Standard, Express or Premium modality.

Taking into account the above, the shipping costs will depend on the existing shipping methods for the delivery address selected, the supplier company in charge of delivering the orders, the weight and dimensions of the package/s, etc.

The costs derived from the delivery system will be detailed separately and must be expressly accepted by the User before payment of the order can be completed via the "order with payment obligation" button available for this purpose on the Website.

8.    Information about Sailit PRO Products and Services

The data and information included on the Website in the descriptions of the Products have a purely informative function.

Therefore, Sailit PRO declines any responsibility for the occurrence of errors in such information but undertakes to take all measures within its power to correct such errors or omissions as soon as possible after being informed of them.

9.    Deadlines, place of delivery and losses

9.1.    Delivery of the Product

Sailit PRO undertakes to deliver the Product in perfect condition to the address indicated by the user. In order to optimize the delivery, the user must indicate an address to which the order can be delivered within normal working hours.

However, Sailit PRO shall not be liable for errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.

Without prejudice to the above, Sailit PRO undertakes to adopt such measures as are within its power, so that the delivery of orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.

9.2.    Delivery and notification period

The user will receive the product he has purchased through the Web Site within the period indicated in the corresponding purchase window, by e-mail or other type of message. The number of days indicated refers to the working days since Sailit PRO confirms the reception of the order request.

Notwithstanding the above, the Users are informed that the delivery dates indicated on the Website at the time of purchase and/or stipulated in a generic way or through direct communications (e-mail, telephone, etc.), will be an estimate.

Similarly, orders placed in foreign countries or from addresses outside the Spanish mainland may have longer delivery periods, of which the user will be informed punctually on the Website or in the order confirmation email.

The user must take into account that on certain dates and periods of the year the delivery time of shipments (such as, for example, the Christmas season, Black Friday, etc.) could be affected by the saturation of the means of transport. Therefore, it is recommended to reserve and/or purchase the items of interest, with sufficient time to ensure that they arrive at their destination on the dates desired by the User.

Sailit PRO informs you that, through the Standard, Express and Premium shipping methods, it will not deliver on Saturdays and Sundays or on national or community holidays, or on those days that coincide with local holidays that could affect the related transport activities.

In case the User wishes to receive the products purchased through the Website outside the days/times of delivery provided for in the Standard, Express and Premium modalities, the User must communicate this directly to Sailit PRO at the e-mail address sales@sailitpro.com, and Sailit PRO reserves the right to accept or reject the referred order.

In this regard, Sailit PRO will proceed to inform the User by e-mail of its decision regarding the confirmation or rejection of such order outside the days/times available in these Terms and Conditions.

In the event that the User cannot be reached at home, the courier service will leave a notice indicating where the order is located and how to proceed to its collection.

9.3.    Diligence in the delivery

The user must check the good condition of the package with the carrier who delivers the Product requested, before signing the delivery note.

If the user detects any anomaly in the Product, he must indicate it on the delivery note and in turn communicate it to Sailit PRO by sending an e-mail to the following address: sales@sailitpro.com.

10.    Changes, returns and right of withdrawal

10.1.    Returns for manufacturing defects.

All Products offered through the Website will be completely original, unless otherwise stated in their description. Likewise, all of them will have a 2-year guarantee period from the reception of the Product. This guarantee will be provided by the supplier of the Product.

In this regard, it will be understood, unless otherwise proven, that the Products are in accordance with the contract, provided and that they meet all the following requirements: a) They comply with the description made by Sailit PRO and have the qualities of the Product presented to the user by Sailit PRO; b) They are suitable for the uses for which Products of the same type are normally intended. c) They present the usual quality and performance of a Product of the same type that the consumer and user can reasonably expect, given the nature of the Product.

The customers of Sailit PRO will benefit from the guarantee given by the different manufacturers of each of the articles. Defects or damage due to incorrect use or handling of the material or wear and tear caused by its use are not included in this guarantee. Losses in the functionality of the articles, due to design limitations, are also excluded from the coverage of this warranty.

During the warranty period, the user may return to Sailit PRO, free of charge, any Product that has a manufacturing defect, provided that the return has been agreed with Sailit PRO and that the transport service for the return has been specifically contracted by Sailit PRO. Except in case the parties have agreed other terms in writing (email, etc.), Sailit PRO will not refund any transportation costs personally contracted by the user. To formalize the return, the User must contact Sailit PRO through the form available at the end of these Terms and Conditions, indicating the Product or Products to be returned and a detailed list of the defects found in them. Once this communication has been received, and once the defect of the indicated Product has been verified, the Sailit PRO customer service team will arrange the collection of the defective Product to be sent to its warehouse, at no cost to the User.
In case of a defective Product, Sailit PRO will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for the customer. The customer must inform the seller of the lack of conformity within two months from the time he became aware of it.

10.2.    Withdrawal, Changes or Returns

The Consumer Users will have a period of fourteen (14) calendar days to make changes or returns, exercising their right of withdrawal, from the date of material acquisition of the Product, without any penalty and without the need to indicate the reasons, the consumer will be responsible for the direct cost of changing or returning the order by mail, in accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter "Law of Consumers and Users").

In order to formalize the exchange or return, the user must complete and send the withdrawal form to the e-mail address:  sales@sailitpro.com which is found at the end of these Terms and Conditions and which serves as a withdrawal/unmistakable statement form. Once this communication has been received, the Sailit PRO customer service team will inform you of your request number and the way to proceed with the exchange or return.

Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, if applicable, documentation and original accessory elements that came with it.

Once the Product has been received, Sailit PRO will proceed to return the amounts paid as soon as possible and, in any case, within fourteen (14) days after the receipt of the Product at Sailit PRO's warehouse.

On the other hand, and in accordance with Article 108.1 of the Law on Consumers and Users, the User must return the Product or Products to Sailit PRO "without any undue delay and in any case no later than fourteen (14) calendar days from the date on which he communicates his decision to withdraw from the contract", as well as assume all those direct costs corresponding to the collection of the order to be returned, unless Sailit PRO has agreed to bear such costs.

Notwithstanding the foregoing, and in those contracts concluded off-premises where, due to the nature of the article or product subject to the right of withdrawal, it is not possible to return it by post, Sailit PRO shall collect these goods "at its own expense".
On the other hand, in the case of all those Products and articles that have and/or require specific characteristics in relation to the measures and materials of manufacture (as may be the case of specific pieces for boats, sails of boats, etc.), Sailit PRO will not proceed to their return and, therefore, the user will not have the right of withdrawal for this type of Products.

Similarly, for those Products that have been manufactured according to the user's specifications, such as any item (T-shirts, sweatshirts, boat sails, caps, etc.) with a specific name, logo or number, or manufactured according to specific measures, Sailit PRO will not proceed to its return, and this in accordance with Article 103- "Exceptions to the right of withdrawal" of the Law on Consumers and Users.

Finally, the user will not be able to exercise his right of withdrawal for all those Products that are not suitable to be returned for health protection or hygiene reasons and that have been unsealed after delivery, such as swimsuits, bikinis, booties or neoprene suits, among others.

11.     Responsibility

Sailit PRO does not give any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the contents or the Web Site. Among others, and by way of illustration and not limitation, Sailit PRO shall not be liable for the following circumstances:

•    For the loss, damage, retention or delay in delivery of the order due to fortuitous causes, force majeure or acts attributable to the User;

•    For the lack of availability, maintenance and effective operation of the Website and/or its Services or contents, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the Website, such as, for example, errors or delays in access to the Web Site by the User when entering their data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of Sailit PRO;

•    The lack of usefulness of the Web Site or its contents for any Service;

•    Of the content of other websites to which links or links inserted in the Sailit PRO Website may be directed;

•    The existence of viruses, malicious or harmful programs on the Website; and

•    Of the illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Web Site or its contents, by the Users, including any infringement of the intellectual and/or industrial property rights of Sailit PRO or third parties.

In any case, Sailit PRO undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution of the incident.

12.     Intellectual Property

All rights to the content, design and source code of this Web Site and, in particular, but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data included in the Web Site and any other intellectual and industrial property rights are owned by Sailit PRO, or by third parties who have expressly authorized Sailit PRO to use them on its Web Site.

Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996 of 12 April, which approves the revised text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the legal provisions in force on the subject, as well as the Law 17/2001 of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including the way in which it is made available, all or part of the contents of the Web Site, in any support and by any technical means, unless expressly authorized in writing by Sailit PRO.

Sailit PRO does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Web Site, and in no case shall it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial assignment of such rights by Sailit PRO.

Any use of these contents not previously authorized by Sailit PRO will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.

13.     Modifications

The information on this Website is valid one as of the date of its last update. Sailit PRO reserves the right to update, modify or delete the information on this Web Site, as well as these Terms and Conditions, the privacy policy or any other information.

The entry into force of the modifications of the terms and conditions will occur from the moment of their publication on this Web Site.


14.    Nullity and effectiveness of the clauses

If any clause included in these Terms and Conditions were to be declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall affect only such provision or the part thereof that is null and void or ineffective, with the remaining clauses remaining in force. Such clause, or the part thereof that is affected, being deemed not to have been made.


15.    Right of exclusion

Sailit PRO reserves the right to deny or withdraw access to the Web Site and/or the Services offered without prior notice, at its own request or at the request of a third party, to those Users who do not comply with these Terms and Conditions.

16.    Applicable legislation and jurisdiction

These Terms and Conditions are subject to Spanish law. The parties, in accordance with the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, are subject to the Courts and Tribunals of the User's place of residence, in the case of Consumer Users.

In the case of Professional Users, the parties submit to the Courts and Tribunals of the city of Málaga.


SPECIAL CONDITIONS BECAUSE OF COVID-19

These conditions will only be applicable during the period of validity of the state of alarm decreed on the occasion of the health crisis regarding COVID-19:

1.    Right to terminate the contract

During the validity of the Royal Decree-Law 11/2020, of March 31st, which adopts urgent complementary measures in the social and economic field to face the COVID-19 (from now on, "Royal Decree-Law 11/2020"), SAIL IT PRO will offer to its consumers and users proposals of revision (such as the offer of vouchers or substitute vouchers to the reimbursement) for each specific case, with the objective of restoring the reciprocity of the interests of the contract signed between the parties.

In this sense, and only for those contracts that, as a result of the measures adopted during the state of alarm, were impossible to comply with, the user will have the right to terminate the contract during the 14-day period.

This intention to terminate the contract can only be considered when the parties are unable to reach an agreement derived from the proposal of revision offered by each of them, to achieve effective compliance that restores the reciprocity of the interests of the contract.

In accordance with the above, it will be understood that no proposal for revision can be obtained when a period of 60 days has passed since the impossibility of compliance with the contract and no agreement has been reached between the parties on this proposal for revision.

2.    Refund of sums paid

In those cases in which the fulfillment of the contract signed by the users with SAIL IT PRO becomes impossible, SAIL IT PRO will proceed to the full refund of the sums paid to such user (with the exception of the eventual expenses incurred by SAIL IT PRO duly itemized and provided to the user), in the same way in which the payment was made, and within a maximum period of 14 days.

3.    Contracting of successive tract services

Finally, in those cases in which the user has contracted the provision of any of the services offered by SAIL IT PRO (such as, for example, surfing, sailing, kitesurfing classes, etc.), SAIL IT PRO will offer the possibility of recovering these services later on without any additional cost, according to what is established in the Royal Decree-Law 11/2020.

Notwithstanding the above, in case the consumer could not, or directly was not interested in recovering these services in hindsight, SAIL IT PRO would proceed to refund the user the amounts already paid, in the part corresponding to the period of the service not provided or, under the acceptance of the user himself, to reduce the amount resulting from the future fees to be charged for the provision of the service.

Likewise, SAIL IT PRO will refrain from presenting new monthly payments until the service can be rendered normally, without this giving rise to the termination of the contract, except for the will of both parties.


HOW TO USE THE WITHDRAWAL FORM

If you wish to withdraw from this contract, you must give us your reasons and return the Product to us within 14 calendar days of receipt of your order.

If you send us the Product after the deadline, Sailit PRO reserves the right to refuse the package.

We will then inform you how to exercise your right of withdrawal:

1.    Indicate your intention to return the Product using the form on the following page. The form must be correctly filled in and sent to the following address

SAIL IT PRO, S.L.
Pasaje Villa Rosa, nº 20, Polígono Villa Rosa, 29004, Málaga.
e-mail: sales@sailitpro.com

2.    Upon receipt of the withdrawal form that you have sent to us at the above address, we will send you the necessary information by e-mail so that you can return the purchased Product to us.

3.    Once you receive these documents, the Sailit PRO customer service team will contact you to indicate your incident number and the way to proceed with the return.

4.    Once we have received your package in our warehouse, your refund will be made and confirmed by an e-mail containing all the information related to the transaction.