TERMS AND CONDITIONS
1. CONTRACTUAL REGULATIONS
These general terms and conditions, unless modified or waived by agreement in writing, shall govern all contracts of sale between us and the purchaser, thus both the contract concluded by acceptance of this order and any future contracts relating to supplies of our company’s products ordered by successive separate commissions.
2. SUPPLIES
The price specified herein is exclusive of freight, VAT and any customs duties; for goods returned ex our plant.
3. ORDERS
The Buyer agrees to hold firm the order proposal issued to sales personnel of our company. Any order transmitted by our Agents is always collected “EXCEPT WITH THE APPROVAL OF THE HOUSE,” so we reserve the right not to accept or modify the order. The above also applies to any free transfers by showroom. Before processing orders, the company reserves the right to request business information.
4. DELIVERIES
Delivery terms are never binding; however, failure to fulfill the order if confirmed or delay in its execution shall exclude any liability on our part from causes attributable to us, such as impediments or difficulties in transportation, strikes, lockouts, inability or even only difficulty in timely procurement of raw materials. The customer, therefore, cannot under any circumstances demand termination of the contract or demand compensation from us for any direct or indirect damages for delay in delivery.
5. CHOICES
The material will be delivered in the choices ordered. Therefore, requests for certain percentages of choices will be understood as mere indications and fulfilled consistent with production yields.
6. TRANSPORT
Goods travel at the Buyer’s risk even if delivered free at destination and our liability ceases with delivery to the carrier, therefore, claims for any shortages or breakages should be addressed exclusively to the carrier.
7. PRICES
We reserve the right to change the prices in this price list with 30 (thirty) days’ notice.
8. PAYMENTS
Payments must be received at our office. Acceptance by us of bills or checks issued out-of-state or otherwise agreed upon payment by draft does not waive this condition. Invoices not disputed within 8 (eight) days of receipt shall be deemed accepted. Payments shall be made in the manner and within the terms agreed upon in our commission. In the event of late payment of sums due to us, it shall be our right to suspend supplies and cancel ongoing relations. Interest for late payment shall be expressly agreed upon with rates to be defined. In default, statutory default interest will be charged.
9. CHALLENGE FOR DEFECTS
Any claims for defects of any kind, whether overt or hidden, in the goods supplied must be forwarded to our registered office by registered letter with return receipt within 8 (eight) days of receipt of the goods. In any case, before proceeding with the installation of the ceramic material bought and sold, it shall be the responsibility of the buyer and/or the end customer to whom this obligation shall be contractually extended, to verify the existence or non-existence of flaws and/or obvious defects and this in order not to aggravate the damage. Any claims involving the material already in place will therefore be rejected. Installation will determine waiver of the warranty for obvious defects of the goods supplied and in any case will supplement the provisions of Article 1227 of the Italian Civil Code. Warranty for goods classified as second or third choice, blocks or occasional batches is expressly excluded. Offers, transactions, credits granted by our agents or intermediaries are not valid unless confirmed in writing by our office. Our samples are indicative only and are presented by us for the sole purpose of providing the customer with rough indications of the product.
10. SOLVE ET REPETE
No exceptions, except those of nullity, voidability and rescission of the contract, may be raised by the buyer in order to delay or avoid payment.
11. RESERVED DOMAIN
The sale of the goods is carried out under a reservation of title clause, so that ownership of the goods will pass to the buyer only upon full and effective payment of the price. Failure to pay even a single installment will produce the dissolution of the contract with the right to demand the immediate payment of all installments, even those not due, or the immediate return of the goods. In this case the sums paid shall remain vested in the seller as indemnity.
12. ARBITRATION CLAUSE
With the exception of disputes concerning the payment of the price and the related actions exercised in monitory or in ordinary judgment, which remain within the jurisdiction of the Italian jurisdictional authority, any other dispute that may arise concerning the conclusion and/or execution and/or termination and/or interpretation of this contract shall be referred to a board of three arbitrators, appointed one by each of the parties, and the third by mutual agreement or, in case of disagreement, by the President of the C.C.I.A.A. of Reggio Emilia, at the request of the more diligent party. The party wishing to initiate arbitration must notify the other party by registered letter containing the appointment of its arbitrator and his acceptance. The other party shall appoint its own arbitrator within 15 days from the date of receipt of the registered letter, communicating such appointment and its acceptance within the specified period. Failing this, the other party may request the appointment of the second arbitrator from the President of the C.C.I.A.A. of Reggio Emilia. The arbitrators shall decide according to law and in compliance with the principle of cross-examination; the award shall be decided within 90 days from the date of acceptance of the last arbitrator. The arbitration will take place in Reggio Emilia.
13. JURISDICTION AND APPLICABLE LAW
The Court of Reggio Emilia is exclusively competent for any dispute and the applicable law is exclusively Italian law.
14. EFFECTIVENESS OF EACH CONDITION
The above general conditions of sale are by no means to be understood as purely stylistic clauses. They are factual and faithfully represent the negotiating will of the parties.
15. USE OF THE PLATFORM
a. Access to and use of the site is at the user’s own risk, and the user assumes responsibility for any computer vulnerabilities or malfunctions of their own digital tools.
b. Seller is not responsible for:
Presence of viruses or other harmful elements from online browsing;
Malfunctions due to external causes or beyond one’s control;
Problems related to the Client’s Internet connection;
Temporary interruptions of online services;
Misuse by third parties of Customer’s payment instruments.
c. The Customer, upon completion of the purchase procedure, is required to keep a copy of these conditions and the order summary.
16. GENERAL PROVISIONS
a. The indication of the Products and their Prices on the site constitutes an invitation to purchase and not a binding offer.
b. These General Terms and Conditions of Sale may not be waived unless otherwise agreed to in writing by the parties.
c. The Customer acknowledges that each purchase will be governed exclusively by the General Terms and Conditions in effect at the time the order is placed.
17. OBJECT OF THE ONLINE SALES CONTRACT
a. The subject of the online sales contract are the Products that the Seller offers for sale and that the Customer intends to purchase by accessing the Platform www.cerasarda.it.
b. The information provided by the Seller about the measurements, weights and characteristics of the Product, as well as the illustrations, descriptions and drawings of the Product published on the website www.cerasarda.it should be understood as indicative. Differences in shade, slight intentional imperfections between the bottoms and their fittings constitute inherent and positive characteristics of artistic production. The gauge table indicates actual product measurements where available.
18. SALE PRICE
a. The Sale Price of the Products published in the online shop is expressed in euros.
b. For Orders with delivery to one of the countries of the European Union, the Prices are inclusive of VAT at the rate in effect at the time the Purchase Order is placed.
e. The Seller reserves the right to change the Prices at any time. However, the Price applied will be the one communicated to the Customer during check-out.
19. ACCESS TO THE ONLINE SHOP – CONCLUSION OF THE CONTRACT – RESERVATION OF TITLE
a. These contractual clauses apply to purchases made on www.cerasarda.it.
b. To proceed with the purchase, the Customer must accept the General Terms and Conditions of Sale and view the Privacy Policy, by placing the appropriate flag.
c. The Customer, before confirming the Order, accesses the “shopping cart”, which remains active for a period of time for the conclusion of the Contract. After that time, the link is deactivated. In the shopping cart the Customer can:
Change the quantities;
add other available Products.
d. The Contract is concluded upon receipt by the Customer of the Order Confirmation. However, ownership of the Products is transferred only upon payment (including VAT, packaging, shipping, delivery, and customs charges, if any).
e. The Customer is responsible for the correctness of the data provided. In case of errors, the Seller is not obliged to reschedule the delivery, and the additional costs remain the responsibility of the Customer.
f. The Customer is obliged to carefully check the data in the Order Confirmation. In case of errors (e.g., wrong zip code), the order may be cancelled.
20. PRODUCT AVAILABILITY
a. All Orders are subject to verification of Product availability. In case of unavailability, the Order will not be accepted.
21. SHIPPING TERMS AND CONDITIONS
a. Cerasarda ships to most countries in the world. In case of limitations, the Customer may contact the company through the contact details provided.
b. Shipping takes place only after the order has been paid in full.
c. Standard shipping times are 4-7 business days, which are approximate and subject to change in case of oversized or on-demand items.
d. Business days exclude Saturdays, Sundays and holidays.
e. Shipping times refer to products in stock. For made-to-order or pre-order products, times vary and are indicated on the Product page.
f. Seller does not guarantee that all Products visible on www.cerasarda.it are actually in stock. If not, the Customer will be contacted.
h. The Customer is responsible for fulfillment and costs related to customs clearance, duties, taxes and other charges. In the event of non-payment, including storage costs, these charges will be borne by him.
i. The carrier will directly notify the Customer of the costs for which the Customer is responsible.
l. Failure by the Customer to pay such costs shall constitute cause for express termination of the contract (Art. 1456 of the Civil Code). The Customer must return the Product intact and complete. Cerasarda will proceed with the refund, deducting all costs incurred.
22. EXCHANGES AND RETURNS.
a. The Customer may request an exchange or return within 14 days of delivery by writing in the contact area at www.cerasarda.it
b. In the absence of a written request, Cerasarda may refuse the exchange or return.
c. The Product must be returned undamaged, complete with labels and with undamaged original packaging.
d. No returns or exchanges of products without labels or with open/damaged packaging will be accepted.
e. Return shipping costs are the responsibility of the Customer.
f. Refunds, if due, will be made within 14 days of receipt of the return, to the designated card or bank account. Shipping costs, duties or taxes are not refunded. VAT is included in the refund if applicable.
g. In case of a damaged or nonconforming product, the Customer must write via the contact area at www.cerasarda.it within 8 days of delivery, enclosing photos of the Product, labels, packaging and order number.
