Sales condition

GENERALITIES

1. The present general conditions constitute an integral part of all sales contracts tile entered into by TERZA|DIMENSIONE S.r.l.

2. Accessory agreements, modifications and additions to the sale contract will only be effective if in writing.

3. Any general conditions of sale of the purchaser are rejected.

4. Measurements, weights, illustrations, descriptions, drawings and features in all our catalogues, price lists, sample collections and additional advertising matter, are considered as purely guideline and not binding. The shade differences and some imperfections between the plain tiles and the trims are to be considered as positive features of an artistic production. The caliber chart refers to the items’ real sizes for the collections the chart is reported for.

5. The contract is settled when the seller gives written confirmation of an order proposal from the purchaser or – within the delivery terms indicated in the order proposal – makes delivery of the goods ordered.

ORDERS / DELIVERY

6. The seller expressly reserves the right to make partial deliveries for each order.

The purchaser cannot refuse delivery representing partial execution of the order.

7. The place of fulfilment of the obligation to deliver is the seller’s premises with the delivery of the goods to the first carrier to be delivered to the purchaser. The risks is transferred to the purchaser from the delivery of the goods to the first carrier for sending to the purchaser.

8. The delivery terms are only indicative.

The seller must deliver the goods within a reasonable time after the conclusion of the contract.

The term is considered to be respected even with a partial delivery of the whole order.

9. If the purchaser fails to collect the goods within the agreed time by the carrier or at the latest within 15 days of making the goods available, the seller will be deemed free of any delivery obligation and may otherwise dispose of the goods.

PAYMENTS

10. The prices in the invoices will be those listed in the price list current at the date of the conclusion of the contract. Estimate has not to be considered a contractual declaration.

11. In the case of delay in the total or partial payment of an invoice, the seller, reserving his all other rights, may suspend any further delivery even if these may be due in consequence of other contracts and also claim the immediate and entire amount of all material ordered or have such payment guaranteed in some other way.

12. Legal interests will be charged on late payments, without prejudicing any other action.

RETENTION OF TITLE

13. The title to the goods delivered shall be vested into purchaser only at the time of full settlement of the price of the respective sale, increased by delay interests due, if any. The purchaser undertakes not to sell material not paid for and to keep it at the seller’s disposal.

GUARANTEE

14. The purchaser loses the right to claim for a fault or defect of the goods if he does not give the seller written notice within 8 days from the receipt of the material.

Claims for missing goods and for supplied goods not in conformity with those agreed must be made upon receipt. The purchaser loses the right to claim for any fault or defect in the goods if the notification does not specify the exact nature of the fault or defect or if does not allow the seller the opportunity to examine the goods or have them examined by an authorized representative. After laying, processing or other modifications the purchaser always loses the right to claim for defects or faults in the goods. The temporary conservation of an object of sale which does not comply with the contract take place at the purchaser’s cost and risk. No fault or defect of the goods can be asserted in order to avoid or delay payment due.

INTELLECTUAL PROPERTY RIGHTS

15. Except for specific authorization to be requested from time to time, the purchaser cannot use the TERZA|DIMENSIONE trademark on his catalogues, price lists, websites, social networks or exhibition stand.

16. Except for specific authorization to be requested from time to time, the purchaser cannot use on his catalogues, price lists, websites, social network or exhibition stand any photo or image taken from the catalogue or from the seller’s website or otherwise owned by TERZA|DIMENSIONE S.r.l.

17. Authorization to the seller must be requested from time to time with specific indication of the sign, the photo or the image to be used, as well as the specific context of such use.

18. In order to protect the prestige and reputation of the TERZA|DIMENSIONE trademark, the purchaser undertakes not to resell the goods purchased through the online sales channel, nor to resell the goods purchased at prices below cost or resellers of lots on sale.

PRIVACY

19. Under Art. 13 D. LGS 196/2003 TERZA|DIMENSIONE S.r.l. is in possession of customers data to fulfill the normal operations arising from obligation of law or contract. In any time the company can exercise the rights referred to in art. 7 of D. Lgs n.196/2003. The holder of the treatment is the undersigned company. The informative note may be required to info@terzadimensione.com

APPLICABLE LAW, COMPETENT JURISDICTION

20. These general conditions of sale and supply of services are completed by Italian law including the United Nations Vienna Convention on international sales contracts for movable assets dated

11/04/80.

21. The competent jurisdiction in respect of all controversies relating to the sales of products by seller and to all legal relationships entered in connection therewith, shall be the one of the seller’s registered seat.