Legal notice

GENERAL SALES CONDITIONS

The ordering of Alpinestars' goods constitutes Dealer's acceptance of Alpinestars' General Sales Conditions together with Alpinestars' Retail Trade Guidelines. No variations of these terms will be of any force or effect unless reduced in writing and signed by Alpinestars.              

  1. Orders are not binding on Alpinestars until such orders are specifically accepted in writing by Alpinestars or dispatched by Alpinestars. Modifications or cancellations of orders can only be made with Alpinestars prior written approval.                                             
  2. Delivery dates are neither indicative nor binding on Alpinestars and Alpinestars reserves the right to deliver goods at any successive date without penalty nor impunity.        
  3. Unless otherwise agreed in writing by Alpinestars, as reflected in the "SUPPLY AGREEMENT & ORDER CONFIRMATION", goods shall travel at Dealer's risk and Alpinestars shall not be liable for loss or shortage.                                                                                 
  4. Within 8 days of receipt of consignment of goods, Dealer must immediately and in writing inform Alpinestars (notification of any defects or shortages to the shipping agent shall not constitute notice to Alpinestars) of any shortages or defects in the goods ordered. Claims shall not be accepted after 8 days from consignment of goods.
  5. Alpinestars reserves the right to change, without further notice, any price indicated in the price list.  
  6. Any queries should not delay payment on due invoices. Payment of due invoices must be made in full without deduction, demand or set-off. Dealer may not withhold payment for any reason whatsoever.                                                                                           
  7. Subject to Alpinestars' approval, credit may be extended to Dealer. Payment for such credit accounts shall be on presentation of invoice or on such further terms as Alpinestars may at its sale and absolute discretion allow and agree to in writing. The Dealer understands that payment on terms is a privilege and not a right and that Alpinestars reserves its right, at any stage, and at its sole and absolute discretion, to amend such terms. Further Alpinestars' reserves the right to request immediate payment of credit accounts, whether or not payment is due, this applies as well to bills of exchange or cheques that have been given to Alpinestars but not presented by Alpinestars for payment.                       
  8. Alpinestars reserve the right to terminate or suspend the supply of goods to Dealer or to deliver goods only against payment in advance, cash on delivery or alternative secured form of payment.                                                                                             
  9. Should Dealer fail to pay invoices on due date or if Alpinestars deems Dealer's credit unsatisfactory or impaired - alternatively should Dealer conduct its business in a manner that is prejudicial to Alpinestars, - Alpinestars reserves the right, amongst other remedies, to terminate or suspend supplying goods to Dealer and/or to require payment by cash in advance or an alternative secured form of payment.                                                           
  10. Interest will be charged on all overdue payments at the maximum interest rate permissible by the applicable law. Further Dealer will be liable for all costs of collection, including attorneys' fees and expenses.                                                                      
  11. All goods remain the sole property of Alpinestars until paid for in full and Alpinestars reserves the right to claim the return of unpaid good. The Dealer will be responsible for the condition of all unpaid goods and a representative of Alpinestars may enter the Dealer's premises to inspect and/or remove any unpaid goods. In the event of any sale/disposal of the goods in the ordinary course of business by the Dealer, the proceeds of the sale shall belong to Alpinestars to whom the Dealer shall account to on demand. The Dealer's power of sale of the goods will cease in the event of the following: - upon written notice by Alpinestars following defaults in payment by the Dealer of any invoiced amounts more than 14 days overdue and/or automatically upon the appointment of a liquidator/receiver/administrator or upon the Dealer's petition for bankruptcy or committing an act of bankruptcy. Dealer is obliged to immediately inform Alpinestars in the event of an insolvency or administration process, and further undertakes to ensure that Alpinestars goods shall be singled out in order to protect Alpinestars ownership. Should the Dealer be in possession of unpaid goods alternatively become insolvent, be placed under administration or receivership - whether provisional or final -, and still be in possession of unpaid goods, Alpinestars may claim the return of such goods, whether or not payment is due.           

In the event of the sale of the business to a third party (and an outstanding balance of monies is still owed by the Dealer to Alpinestars) no sale or transfer of the stock can be made without Alpinestars' prior written approval.                                                            

  1. Alpinestars will not accept any returned goods from the Dealer, unless the return of such goods is expressly agreed by Alpinestars in writing. Should Alpinestars agree to the return of goods, not being returned for warranty purposes, then all shipping or related costs incurred in the return of the goods to Alpinestars will be for the Dealer's account, or on such other terms as Alpinestars may agree upon in writing.                                             
  2. Any indulgences given or failure by Alpinestars to insist upon the observance of any of the terms contained in this Agreement should not be construed as a waiver of any such terms, which shall continue in full force and effect notwithstanding any such indulgence or failure.         
  3. This agreement shall be governed by and construed in accordance with Italian Law. For any dispute the competent court shall be Treviso, Italy, however Alpinestars reserves the right to bring any legal action within the jurisdiction of the Dealer.  
  4. Dealer authorizes the processing, communication and dissemination of his personal data by Alpinestars s.p.a. for all contractual-legal requirements/fulfillments as well as to allow for a more efficient handling of contractual-commercial relationship including technical advertising updates. Said data may be processed in written form or on paper, magnetic, electronic or telematics supports. With this regard, Dealer hereby declare to have read and accepted Alpinestars’ Privacy Policy sent apart. 

 

According to articles 1341 and 1342 of the Italian Civil Code, the Dealer hereby expressly approves the above clauses relating to: 1. Orders; 2. Delivery dates; 3. Goods loose risk; 4. Notice term for defective goods; 8. Supply termination or suspension; 11. Retention of title; 14. Choice of Law and jurisdiction.