These "General Conditions of Sale" govern any sales contract between Format SRL and the customer (hereinafter referred to as the "Buyer") (both referred to as the "Parties") and having as their object the products marketed by Format SRL. (hereinafter referred to as the "Products"). The Buyer is required, before placing an order, to read the General Conditions of Sale which are understood to be fully accepted with the placing of the order by the Buyer. Verbal agreements made to complete or replace these General Conditions of Sale are not recognized and any exceptions will be effective only if agreed in writing between the Parties.
The prices are expressed in Euro and are intended ex works (EXW Incoterms® 2010) warehouse of Format SRL, Tetti Valfrè, Orbassano, Turin, Italy. All expenses and charges (including taxes, duties, customs duties, etc.) shall be borne by the Buyer, including transport costs as per the estimate included in the contract sent by Format SRL by fax or e-mail. Format SRL reserves the right to change the prices shown on the site at any time. Changes will not affect orders already placed.
The order is understood to be made with the acceptance of the sales contract and the payment of a sum as an advance, equal to 50% of the price of the products ordered. Format SRL will send a sales contract for all orders. A careful check of the sales contract and an immediate written notification from the Buyer of any discrepancy detected are recommended.
MODIFICATION OR CANCELLATION
The order placed may be modified - totally or partially - or canceled by the Buyer by sending a written communication by fax or e-mail, which must be received by Format SRL no later than 2 (two) days from the order date. After this deadline, in case of withdrawal of the order by the Buyer, Format SRL will withhold, without the obligation to notify the Buyer, the advance as partial compensation for the damage, without prejudice to the right to compensation for greater damage. The modification, total or partial, or the withdrawal of an order will be valid only if accepted and documented in writing by Format SRL.
The lead times (also referred to as "delivery times") refer exclusively to the time from the date of the order to when the Products are complete and available for collection or shipment from the Format SRL warehouse. The production times are indicated in the sales contract: it is an indicative and non-binding estimate. If Format SRL expects not to be able to deliver the Products within the agreed time, it may notify the Purchaser in writing, indicating the new expected delivery date. For reasons of force majeure (eg natural disasters, exceptional events, strikes, lockouts, delays in delivery by the manufacturing companies, or in any case any event whose responsibility cannot be attributed to Format SRL) any compensation for damage is excluded for missed or delayed delivery of the Products. For large quantity orders Format SRL reserves the right to discuss delivery times with the Buyer on a case by case basis.
Format SRL does not take care of shipping, but relies on qualified transport companies. The Products are supplied EXW Incoterms® 2010 at the Format SRL warehouse of Tetti Valfrè, Orbassano, Turin, Italy. Shipping costs, customs duties and any other related costs are charged to the Buyer. The Products are considered delivered by Format SRL when they are handed over to the Buyer, his delegates or the first transporter. The products will be shipped to the address indicated by the Buyer, provided that the payment terms are respected. Standard Shipping provides for delivery to the street level. All products travel insured with vector coverage. Standard Shipping for Italy is free for orders over € 300.00 (islands excluded). The Products are supplied with standard packaging: costs for wooden crates or special packaging will be charged to the Buyer. For deliveries into the house including assembly of the furniture, Format S.R.L. reserves the right to discuss case by case with the Buyer.
The Products will be delivered to the address indicated by the Purchaser at the time of the order. Before delivery, the Purchaser will be contacted by telephone by the carrier to agree on a date and time for delivery. On the day of delivery, the Purchaser (or a third person designated by him) must supervise the unloading of the Products, check the number and integrity of the packages. In case of delivery at the street level, the Buyer must check and document any damage directly at the street level and not inside their home. The Buyer must also sign the transport documents with detailed reservation. In the event of damage, failure to sign with reservation or signature with generic reservation could result in the carrier's refusal of reimbursement. If the Products are damaged, the Buyer must send the complaint in writing to Format SRL, attaching clear photographic evidence. The Buyer has 2 (two) days to report the damage. Once this threshold is exceeded, the Products will be considered intact and no claim will be accepted.
BUYER'S RESPONSIBILITY FOR DELIVERY
It is the Buyer's duty to ensure the courier's accessibility to the delivery location by reporting in time any difficulties or impediments (limited traffic area, narrow road, narrow stairs, low ceilings, no lift). If, for any reason based on the opinion of the courier, delivery to the place indicated in the order is impractical and the Buyer, taking on any additional cost, does not indicate another destination but prefers to withdraw from the contract, all the costs associated with the management of the order, the delivery and the return of the goods will be charged to the Buyer. If the Purchaser is not available on the day of delivery and the transport company has to reschedule a second delivery, this second delivery will be charged to the Buyer.
The Buyer has the right to return the purchased Products within 14 (fourteen) days from the date of delivery of the order to the Buyer or to the person designated by him. The right of withdrawal must be exercised by means of an explicit declaration, by sending a written communication via fax or e-mail to Format SRL, The costs of returning the Products will be borne by the Buyer. For Products made or customized according to the Buyer's preferences, it is not possible to exercise the right of return. The Products will be shipped or delivered to Format SRL headquarters. The shipment must take place within 14 (fourteen) days from the date on which the Purchaser exercised the right of return. The Products must be returned in their original packaging and in resalable conditions. The Buyer is responsible for the decrease in the value of the products resulting from the handling of the products themselves other than that necessary to establish the nature, characteristics and verification of the functioning of the goods. In the event of non-resalability or decrease in the value of the product, an amount equivalent to the decrease in the value of the asset will be withheld. The refund will be made within 14 (fourteen) days of receipt of the goods by Format SRL The refund will be made in the same manner used for the initial payment, unless otherwise specified by the Buyer. Returns not authorized and not documented in writing by Format SRL will be refused and all costs related to the return of the Products will be borne by the Buyer.
Format SRL is liable only for defects due to manufacturing errors. Format SRL is not responsible for any damage due to incorrect transport by the transport company and any compensation for damages, expenses related to the claim and transport costs is excluded. The Products travel at the Buyer's risk and, in the event of damage, the responsibility lies with the transport company. In the event of delays, breakdowns, total or partial losses, attributable to the carrier and not due to force majeure events, the Purchaser has the right to appeal to the carrier without the responsibility of Format SRL is ever taken into consideration. Format SRL shall provide assistance to the Buyer for the aforementioned eventualities.
The buyer agrees to pay in the currency, in the manner and within the times indicated by Format SRL. All payments are to be made in Euros and must be documented. The Products remain the property of Format SRL until the Purchaser has made payment of the amounts due and the funds are credited to Format SRL accounts. The sales contract made by Format SRL has a limited duration in time: if the Buyer were to pay the advance after the agreed terms, Format SRL reserves the right to process the order with a new delivery term. Late payments or non-payments, even partial, leads to the suspension of orders in progress. In case of payments beyond the due dates, interest on arrears will be applied according to Legislative Decree 231 of 09/10/2002.
The warranty is valid for 2 (two) years from the date of the invoice and refers to original manufacturing defects of the product and includes the free replacement or repair of damaged parts by the manufacturer. Only the original Buyer can take advantage of the warranty. The warranty does not include damage caused by normal wear and tear, by maintenance or improper use of the product, accidental breakages such as falls and blows, causes of force majeure such as fires and natural disasters, or any defect that cannot be traced back to a defect of manufacture. Also excluded from the warranty are defects not attributable to manufacturing companies such as incorrect assembly of the product or non-compliance with assembly instructions. The warranty is void if the products are disassembled, modified or repaired by third parties not authorized by Format SRL or by the manufacturing companies. For all events not expressly provided for in this guarantee, the provisions contained in the legislation apply.
TERMINATION OF THE CONTRACT
The contract will be considered terminated by law pursuant to art. 1456 of the Italian Civil Code as a result of the simple written declaration of Format SRL to want to make use of this express termination clause, in cases of: serious and/or repeated default by the Buyer; failure or delay in taking delivery of the products by the Buyer; existence of protests, initiation of monitoring, ordinary and/or insolvency proceedings against the Buyer. In the cases referred to in the previous point, Format SRL, in addition to invoking the contractual termination, may interrupt the delivery of the goods without notice without any penalty and/or indemnity, nor any obligation to return the advance paid.
MUTUAL TREATMENT OF DATA
Pursuant to art. 13 of the Legislative Decree of 30 June 2003 n. 196, with reference to the personal data of natural persons, acquired during the negotiation or during the course of the contractual relationship, the Parties guarantee that: A) the personal data will be processed, also with the aid of electronic or/and automated means, for purposes relating to the execution of the obligations referred to in the contract for carrying out market surveys relating to customer satisfaction or for the fulfillment of legal obligations or/and provisions of public authorities; B) the provision of personal data is optional but any refusal to provide them could cause difficulties in the conclusion, execution and management of the contract; C) personal data will be communicated exclusively to consultants of the parties or subjects of the parties in charge of data processing, always within the scope of the purposes set out in point A and will not otherwise be disclosed or communicated to third parties. In relation to the processing of personal data, natural persons may exercise the rights referred to in art. 7 of Legislative Decree 30 June 2003, n. 196.
For any dispute deriving from this contract or connected to it, the Court of Turin (Italy) will be exclusively competent. The authentic version of these General Conditions of Sale is the one in Italian.