1 – Updates to the terms and conditions of sale and of the products of LINEA& CASA +39 SRL .
1.1 LINEA & CASA +39 SRL reserve the right at all times, and without prior notice, to modify the conditions of sale and product prices (the “Products”) dandone
following written comunication accompanied by the new general conditions of sale which shall automatically replace those previously in existence 30 days following receipt of same by the intended addressee.
1.2 LINEA & CASA +39 SRL furthermore reserve the right to apply any tecnological and aesthetic improvements deemed necessary including variations to dimensions and materials as well as the cessation of the prodution of one or more products.
2 Orders and modifications.
2.1 All information and indications contained in the catalogues, price lists and other illustrative materials provided to the Seller, as well as the characteristics of
samples of same provided to the buyer do not represent an obligation unless expressly stated as such in the offer to or acceptance by the Seller.
2.2 Any order relating to products of LINEA & CASA +39 SRL shall become effective and binding from the moment in which LINEA & CASA +39 SRL has received
from the client the counter-signed copy of the offer in acceptance of (the “Order”) together with receipt of the relevant deposit payment.
2.3 The Client can request in writing to LINEA & CASA +39 SRL eventual modifications to orders for article changes, finishes and upholstery. Where such requests
are received by LINEA & CASA +39 SRL after the useful production date of the Order, LINEA & CASA +39 SRL riserverves the right to accept same only on the basis that any eventual additional costs arising in relation to the materials originally requested and already utilized in the production process be borne by the Client.
3 Sales Price.
Prices are in Euro and intended as esclusive of VAT and any local taxes. The sales price indicated in the current price list is inclusive of standard packaging in cardboard while special packaging (including wood crating) must be agreed in writing and all additional costs and expenses shall be the responbility of the client.
4 – Ownership Riserve
4.1 In accordance with art.1523 and subsequent additions to the civil code it is recognized that LINEA & CASA +39 SRL shall retain ownership of all goods
supplied until full payment of the agreed price has been received and where all of the relevant contractual and sales obligations have been met.
5.1 Products are delivered FCA at the warehouse of LINEA & CASA +39 SRL unless otherwise agreed in writing.
5.2 Where delivery is agreed FCA to the warehouse of the distributor, or to the final client, delivery shall be considered as complete once unloaded from the vehicle without assembly and/or the removal/disposal of packaging unless previously agreed in writing.
5.3 The terms of delivery as indicated in the Order are intended only as indicative and represent a best forecast as to when the Products can be made ready.
5.4 LINEA & CASA +39 SRL reserve the right to fulfill orders on the basis of partial deliveries.
5.5 LINEA & CASA +39 SRL shall not be responsible for delivery delays caused by force majeure or unforeseeable circumstances.
6.1 All payments must be received in accordance with the terms and conditions as stipulated in the Order and paid exclusively to LINEA & CASA +39 SRL .
6.2 Payment shall be deemed complete once payment has been effectively made available to the Seller through his bank account in Italy. In the event of payment delays in respect to the date agreed upon the Buyer shall be liable to pay a late payment fee that corresponds with the interest rate of the main refinancing body of the European Central Bank plus 8 (eight) percentage points, in conformation with art. 2 of the legislative decree n. 231 of 9 October 2002 and subsequent modifications.
Eventual payment delays over 30 days from the date indicated on the invoice shall entitle the Seller to terminate the contract with the faculty to retain part
payments received and to require the return of Products supplied, at the Buyers expense & responsibility, as well as any compensation for eventual damage.
6.3 Should the Buyer refuse delivery of the Products (revocation of the order) the Seller shall be entitled to terminate the sales contract and to keep, under criminal law, eventual deposits received and retaining the right to pursue reimbursement for further eventual damages.
7.1 Upon delivery of the Products the Client must verify the quantity and integrity of the packages together with their conformity to the Order details as indicated in the accompanying documentation. In the event of non- conformity the Client must note their reserve on the accompanying delivery documents. In the absence of such reserve the Products shall be deemed to have been delivered correctly and good condition in accordance with the Order.
7.2 Any claim relating to a Product must be comunicated in writing and received within 8 days of taking delivery of said Product, failing which no claim can be accepted. In addition, in order that any claim be considered valid the relevant defect must be detailed, documented and supported by digital photographic material evidencing the declared defect.
7.3 For damage in transit, the transporter’s insurer shall only take responsibility for damage that is detailed and reported in a timely manner. In particular: (i) for
damage immediately noticed by the Client the claim must be noted on the delivery note in the presence of the driver; (ii) damage that is not immediately noted
must be communicated in writing to LINEA & CASA +39 SRL and in copy to the transporter within 8 days from receipt of the goods as per the procedures indicated in art.7.2.
7.4 Eventual returns must first be authorized in writing by LINEA & CASA +39 SRL and be made available “porto franco” and adequately packaged.
7.5 The substitution of Products at the expense and care of LINEA &CASA +39 SRL shall be the sole remedy available to the Client in the event of a recognized defect in the Product itself.
7.6 It is understood that eventual claims or complaints do not give the right to the Buyer to suspend or delay payment for the Products that are the object of complaints nor, moreover, of other goods supplied.
7.7 Products supplied can present differences when compared with samples available at sales points, or viewable in catalogues, in terms of: tint and veins in
wood, tint and tone of decorative elements and silver or gold leaf, tint types and finishing of the handles, knobs and hardware elements. These differences cannot constitute a motive for complaint.
8 Product Quality – Guarantee.
8.1 LINEA & CASA +39 SRL guarantees the quality of their Products and commits to carry out in its own premises in Italy the repair and/or substitution of non-compliant products in the event of problems or unnoticed production defects that become manifest within 12 months of delivery. The above claims relating to
problems or defects not identifyable during a diligent examination at the time of receipt (hidden defects) must be notified to the Seller by means of a registered letter RR within 8 days of discovery of the defect; failing such notification the Buyer forfeits the right to claim against the problems as indicated above and the consequent guarantee. This guarantee shall not be recognized for problems and defects that could have been ascertained at the place of delivery of the goods or are due to the absence of any checks. It is understood that the above guarantee absorbs and substitutes guarantees and responsibilities provided for by law and excludes any other responsibilities of the Seller (contractual and extra-contractual) insofar as these originate from the
Products supplied (e.g. compensation for damages, lost earnings, removal of defective Products, etc.). Excluded, therefore, is any guarantee towards the Seller regarding problems resulting from the object sold as stipulated in article. 1490, and later modifications, of the Civil code as to the right to compensation for damages ex art 1494 c.c.
8.2 Also excluded is any right to redress against LINEA & CASA +39 SRL for any and all motives or damage, even where a judgement has been handed down whereby the Seller must respond to their client, for any defects of conformity of the product, such not being applicable in relation to art. 131 of the consumer code.
8.3 Excluded from the guarantee are repairs and substitutions required as a consequence of normal use or due to a lack of periodic checks or following a lack of
care and maintenance of the Product including improper, negligent or unsuitable use as outlined in product data sheet.
8.4 Exluded from the guarantee are incorrect installation or maintenance or repairs carried out by unauthorized third parties or employing unsuitable or
non-original spare parts.
8.5 When invoking the LINEA & CASA +39 SRL guarantee, in accordance with the above, the relevant Product must be shipped by the Client at their own expense to LINEA & CASA +39 SRL who shall return same Porto Franco.
9.1 Sales of LINEA & CASA +39 SRL Products are regulated by the present general conditions of sale which complete the terms and conditions agreed from
time to time in relation to individual sales. In the event of any discrepancy between one or more clauses contained within the present general conditions of sale
and an Order, the terms and conditions of the latter shall have precedence.
9.2 Upon stipulation, the Order renders ineffective and unenforceable against LINEA & CASA +39 SRL any eventual previous agreements or accords undertaken in
any form with the Client unless otherwise agreed in writing.
9.3 Orders may be modified exclusively by communication in writing and agreed to by both LINEA & CASA +39 SRL and the Client.
9.4 All communications whatosever relating to an Order must be made in writing to the addresses of both LINEA & CASA +39 SRL and of the Client, as indicated in the Order. This without predjudice to the obligations of the respective partys to comunicate to the other in writing any variation of their address and stipulating that, whether for LINEA & CASA +39 SRL or for the Client, these same addresses are elected as the place of domicile for all notifications including notification of judicial documents.
9.5 The personal and professional data of Clients requested for the stipulation and execution of Orders shall be treated by LINEA & CASA +39 SRL in compliance
with current provisions on the protection of personal data in compliance with the provisions of the European regulation n. 2016/679 (General Data Protection
Regulation-GDPR) and with utmost confidentiality. It is possible to view the full privacy information policy on the Linea & casa+39 website and for any information regarding the treatment of data please write to us at firstname.lastname@example.org .
9.6 Quotations for products to made by the company using leather or fabrics specified or provided by the Client, while non expressly provided for, may be requested of the company who shall evaluate the feasibility and relative cost.
10 Forza maggiore
10.1 LINEA & CASA +39 SRL may suspend the execution of it contractual obligations where said execution is rendered impossible or unreasonably onerous due to an unforeseeable impediment independent of their own will such as; pandemics, strikes, boycotts, lockouts, fires, wars (declared or not), civil war, unrest or revolution, requisitions, embargo, energy blackouts, delays in the supply of components or raw materials etc.
11 Applicable law and competent court.
11.1 Orders, together with all aspects inherent to the negotiation and execution of same, are governed by Italian law.
11.2 All disputes between LINEA & CASA +39 SRL and the Client relating to an Order or resulting from same shall be devolved to the exclusive territorial jurisdiction of the Court of Pordenone, Italy.
11.3 The present Contract has been provided in two languages: Italian and English. In the event of a dispute the Italian text shall be the sole text to be considered as legitimate and the sole language of any proceedings shall be in Italian.