1. General Provisions
(a) The Terms and conditions set out below shall form part of all the agreements executed between the Seller (Sognando Casa s.r.l.s.) and the Buyer for the supply of the Seller products.
(b) These General Terms and Conditions of Sale shall apply to all transaction executed between both parts, Seller and Buyer, without any need to express any reference thereto or agreement thereon at the conclusion of such transaction. Any dissenting on the terms and Conditions will be applied only under writing confirmation by the Seller.
2. Offers and Orders
(a) The seller’s offers shall not be binding, particularly in regards of quantities, price and delivery time, as conditions may be change by the suppliers anytime.
(b) Orders placed by the Buyer will not be accepted before these have been confirmed by the Seller in writing.
(c) Orders or amendments of orders placed verbally or by telephone, must be confirmed in writing by the Buyer. Otherwise, the seller will not accept any liability for the error or misunderstandings caused by those.
3. Prices and Terms of Payment
(a) The prices of Products exclude any statutory VAT, which will be paid at the same time than the purchase amount.
(b) Taxes, duties, shipping, insurance, installation and other services are not included in the prices unless separately quoted.
4. Terms of Delivery
(a) Unless otherwise expressly agreed in writing, any indicated time of delivery is merely indicative and therefore nonbinding for the Seller. Unless different agreement between the parties, the approximate term for the delivery is the one specified in the confirmation order. The definite shipping time depends on the manufacturer’s location, goods availability in stock and goods destination
(b) Any liability to supply as a result of forcé majeure or other unforeseen incidents outside the Seller responsibility including, but without limitation, strike, lock out, acts of public authorities, subsequent cease of export or import opportunities shall, for their duration and in accordance with their impact, relieve the Seller from any obligation to comply with any agreed time for delivery.
(c) The Seller is not obliged to accept the Product returns, unless otherwise agreed in writing. Any costs raised by that situation shall be at the expense of the Buyer.
(d) Once the payment is received by the Seller, this will proceed with the due delivery in the address indicated by the Buyer.
(e) The delivery shall take place in the proximity of the home buyer.
(f) In case that the Buyer decides to obtain the goods straight from the warehouse, and therefore transportation provided by Sognando Casa s.r.l.s is not needed, the buyer will hold the liability of the goods damages as soon as he gets the possession of them. The procedure will not change, and therefore he will be responsible for checking the goods before he or she gets possession of them.
(a) The Buyer can order a sample from the goods that he is interested in before purchasing the goods. However, the price of the sample will depend on the conditions of the producer factory, therefore not on Sognando Casa s.r.l.s..
(b) The samples will be sent in the fastest way possible. Thus this, eventually there will be occasions when the sample will differ in size or other characteristics than the goods the buyer is interested in purchase.
(c) The factories cannot ensure, and neither do Sognando Casa s.r.l.s., that the goods purchased will be exactly of the same characteristics than the sample previously sent. This is due to the production of the factory, because each good will never be exactly identical than the previous one, and the Buyer is to know that in advance. However, the brand, collection and color, as well as other important particularities of the goods, will not differ from the sample sent.
(d) The samples are not of any insurance and therefore the Buyer will not be able to request a refund to Sognando Casa s.r.l.s., as this samples have no commercial value whatsoever.
6. Duty of Inspection and Acceptance of Products
(a) Upon taking possession of the Products, the Buyer shall immediately:
i. Check the quantities, as well as the packaging of the Products and record any objections on the delivery note.
(b) Upon taking possession of the Products, the liability of the Products, including the risk of damage, will entirely be as of the Buyer.
(c) Upon taking possession of the Products, it is the duty of the Buyer to open the package and verify the integrity of the goods. In case of dissenting products quality or conditions, the buyer shall describe the damage in detail in the transport document and contact the Seller within 72 hours, enclosing graphic proof of the accusation.
(a) The seller shall replace free of charge the goods damaged or lost during shipment, provided the following facts:
i. The Buyer sends a written notice about the damage or loss of the goods within 72 hours from the delivery time.
ii. The buyer sends a copy of the transport document with the damage claims made by the carrier.
(b) Any notice by telephone conversation shall not be accepted
(c) The notice must clearly specify the kind and amount of the alleged defect
(d) The Buyer agrees to make available for inspection the objected products; such inspection shall be done by the Seller or by any expert designated by the Seller.
(e) No objections with regard to the quantities, quality, type and packaging of the Products shall be possible unless a note has been placed on the delivery note in accordance with the abovementioned procedure.
(f) Any Product to which objection shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer
(a) The buyer may cancel an order at any time and for any reason within 14 calendar days after the delivery of the goods. The Buyer’s right to cancel an order will be extinguished after the 14 calendar days.
(b) The buyer is responsible for any diminished value of the goods as a result of processing the goods.
(c) Given the situation that the Buyer wants to cancel an order, all the costs of transportation from the receiving address to the warehouse will be hold by the Buyer.
9. Sognando Casa suppliers
(a) Sognando Casa s.r.l.s. has a vast international network of suppliers. Sognando Casa s.r.l.s. can provide goods acquired from other suppliers and not necessarily straight to the producer factory.
(b) Nevertheless, the goods will always be the best produced quality, and will never be used before to any purpose.
(c) The promotion and distribution of Sognando Casa s.r.l.s. and its suppliers is subject to the private contract celebrated between those parts. Any factory is not allowed to request a compensation of any kind due to this reason, as the private contract between Sognando Casa s.r.l.s. and its suppliers is what is legally binding and has all the preferences for the law.
10. Sognando Casa Intellectual Property
(a) The Client expressly recognizes that trademarks, commercial names or other distinctive marks on the goods are in the exclusive property of the Sognando Casa s.r.l.s. and will not be altered, changed, removed or cancelled in any manner. The Client has the limited right to use trademarks, commercial names or other distinctive marks, as well as other industrial exclusive right or Know how (productive or commercial) associated with the goods – which nonetheless remain in the exclusive property of Sognando Casa s.r.l.s. – to the limited purpose of the resale of the goods to the final consumer. Any other utilization of the Sognando Casa s.r.l.s. Intellectual Property by the Client, if not expressly granted by Sognando Casa s.r.l.s. in writing, will be considered an infringement of the exclusive rights of Sognando Casa s.r.l.s., and a breach of contract, and will be therefore prosecuted.
(b) The documents, drawings, data and information (both in written papers and on electronic support) which should be delivered to the Client, remain exclusive property of Sognando Casa s.r.l.s. and constitute a support for a better representation of the product and are significant of the general performances of the product itself. The Client engages itself not to reproduce them, neither to disclose them to a third party, and he engages himself to undertake the proper precaution towards staff in order to grant the above protection.
11. Data Protection Law
(a) The personal data of the Buyer shall be processed in accordance with the General Data Protection Regulation (EU) 2016/679
(b) The seller informs the Buyer that the Seller is the data controller and that the Buyer’s personal data shall be collected and processed for the only purpose of the performance of this agreement. According to the General Data Protection Regulation the Buyer has the right to ask to the Seller the updating, amendment, integration, writing off and transformation in anonymous form of its data.
12. Applicable Law
(a) In case of the Buyer is a subject having Italian nationality, the present General Terms and Conditions of Sale and all agreements executed between the Seller and the Buyer shall be governed by Italian laws.
(b) On the contrary, in case of the Buyer is a subject having nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the International Sale of Goods.
(a) Any dispute arising between the parties in connection with the interpretation, validity of performance and the present General Terms and Conditions of Sale and of all the relevant agreements, shall be of the exclusive competence of the referred to the Court of Milan.
(b) It is agreed between parties that the Seller, as its own discretion, may have the faculty to waive the exclusive jurisdiction set forth in paragraph (a) to bring an action against the Buyer in its domicile and before any court of competent jurisdiction
14. Final Provisions
(a) The total or partial invalidity of any provision of the present General Terms and Conditions of Sale shall not affect the validity of the other provisions.
(b) The present General Terms and Conditions of Sale have been drafted in both Italian and English languages. In case of problems of interpretation, the Italian version shall prevail.
Pursuant articles 1341 e 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1 (b) – Applicability of the General Terms and Conditions of Sale to all the transactions; Art. 3 (d) – Nonpayment in the terms and opening of insolvency proceedings; Art. 3 (e) – No right to make compensations, retentions or reductions; Art. 4 – Terms of delivery; Art. 6 – Duty to inspection and acceptance of products; Art. 7 – Limitation of liability; Art. 10 – Retention of title; Art. 12 – Applicable Law; Art. 13 – Jurisdiction.