These general sales conditions regulate every sales contract between the Seller and the Buyer.
The Buyer acknowledges and agrees these terms using our price list, placing an order and receiving our order confirmation. Further agreements of trade shall be applied only if confirmed in writing by the seller.
PRICES AND OFFERS:
All quotations may be changed at any time, they have a validity of 30 days and are not binding. The order become binding with the issue of our written order confirmation.
Samples of our Standard, Abrasion, Essential and Matheria collection are only indicative and not binding for the delivered goods. Due to the natural properties of the materials, the samples may reserve minor deviations.
The realization of a sample of a bespoke material is handmade, for this reason it is only indicative and not binding for the delivery. In case of order, the material will be produced through an industrialized process, thus differences in tones, shades and nuances of background colour and variation of colours and structure of marble chips are possible. Claim for differences between handmade sample and industrialized production can't be accepted. Please check, if the ordered quantity is enough. By new production the seller cannot guarantee color uniformity and additional production costs may arise.
Due the natural features of the marble products, the material can have open holes, cracks, pores, difference of colours, opacity, pyrite, quartz, crystal and difference in the structure, which are not to be considered as defects.
A specific use of the material is not guaranteed, except when it is confirmed in writing by us.
The order confirmation and cutting list must be checked within 2 days of receipt. After this time, don’t receiving confirmation or changes by the buyer, order confirmation and cutting list will be considered automatically without errors and in each point confirmed. Unless otherwise agreed, the goods shall be delivered ex-works (EXW) and this shall also be the case when the parties agree that the delivery, or part of it, shall be arranged by the Seller on the Buyer’s behalf. In any case, the risks shall transfer to the Buyer upon delivery to the first carrier. Transport damage and delay are not at our expense. Delivery terms are only estimated and never binding, except by a written request of a tax delivery date. Claim for delivery in delay are not accepted. It is advisable to install the materials if possible within 4 weeks from production date.
In case the final destination of the goods will be different from the registered office of the buyer, thus change must be communicated by the buyer in writing within 2 days from the receiving of order confirmation. The Seller reserves the right not to accept the change of the product destination. If the actual destination of the product is different from the one stated by the Buyer, the Seller reserves the right to suspend the execution of the supplies underway and/or to terminate the contracts in force and the Buyer shall not have the right to claim direct and/or indirect compensation of any type.
Payments must be made exclusively to the bank account of the seller indicated in the invoice. Payment at sales representative or third person can be made only by the presentation of a mandate to cash. Payments made to agents, representatives, or sales assistants shall not be considered as made until the amounts are received by the Seller. If there is a delay of payment, the seller is not obligated to maintain future delivery dates. The goods supplied shall remain exclusive property of the seller until the buyer has paid the full amount.
Upon receipt of the products, the buyer shall examine the goods. The examination of the material must be made before the installation and before the working of this. Complaints after the manufacture will not be accepted. If the goods are transported by carrier, transport damage or missing quantity are to attribute to carrier, who must write an explanation of damage. Any claim must be notified in writing to the seller within 8 days from the receipt of the goods. No claims will be accepted after this time. The claim shall include the invoice details and an accurate description of the claimed material together with photographs, where possible. The buyer shall keep the entire lot of material readily available for the seller. If the complaint is unjustified, the buyer is obliged to reimburse the seller for the costs incurred for a possible on-site visit (expert opinion, travel expenses, etc.). Complaints about defects can generally only extend to a reduction in value or to the replacement of the defective goods, but not to relocation or other costs and contractual penalties. For future orders, delivery and payment must be considered separately.
SELLER’S TRADEMARKS AND DISTINCTIVE SIGNS:
The use of trademarks in whatever form and manner of expression (such as: logos, images, photos, videos, etc.) constituting the Seller’s intellectual property, through any means (such as: press, video, internet, social media, etc.) is strictly forbidden. Any exception to the said prohibition, even only partial, must be authorized in writing, each time, by the Seller’s general management.
APPLICABLE LAW, JURISDICTION AND AUTHORITY:
Any dispute concerning the supply of products shall be subject to Italian law and jurisdiction and the Court of Verona.