Price list and orders
The prices contained in the price list are net, VAT excluded. The minimum order is 6 linear meters (6 yards in the US). In case of order of smaller quantities, 150 Eur of management costs / cutting fee will be charged. All exceptions are mentioned on the price list.All collection items are usually available in our warehouse. However, if not available at the time of the order, timely notification of the availability will be given. Any delay due to force majeure or to the transport service, cannot be ground for complaint or cancellation of the order.In the event of late-stage order cancellation, Giardini Produzioni reserves the right to charge 20% of the product value as reimbursement of expenses. Under no circumstances an order can be cancelled after shipping of the goods or in the case of custom items.The description of the items contained in the price list is for indicative purposes only. Giardini Produzioni reserves the right to modify the characteristics of its products without charges being brought against it in any form. The ordering of the items contained in the price list also certifies the acceptance of all the terms of sales contained in this document.
Delivery
The goods are never insured, unless previously requested in writing by the buyer, who also borrows all related costs. In the case of receipt of damaged goods, the receiver must indicate in writing on the delivery receipt of the transporter the wording “Damaged goods, accepted with reserve”. In case the customer is in charge of picking up the goods, but he does not promptly collect them, Giardini reserves the right to charge a penalty of up to 2% of the order value after 30 days from goods’ availability and each following month.
Complaints
Slight colour tone differences are inevitable between different batches and between samples and goods in stock, especially in case of natural fibres and/or velvet and chenille. A light solidity test has been performed on all articles in order to ascertain their resistance, however in particular atmospheric conditions or incorrect exposure to sun light or halogen light, discoloration might occur: This cannot be attributable to the quality of the dye. Small product imperfections (such as colour shades, little knots or thickness variations) may be intrinsic characteristics of the fibres used and therefore are not subject to complaint.
Any complaints regarding the quality and / or conformity of our products will be taken into consideration only if made in writing within thirty days of the invoice date and only providing a sample that clearly highlights the defect. Alternatively, high resolution photos of the claimed products will also be taken into consideration. Complaints not accompanied by samples or photos will not be taken into consideration.
Returns are accepted only with our prior authorization. No claim will be accepted after cutting or placing more than two sheets. Giardini Produzioni has the right to replace damaged goods: however, this replacement does not justify further claims for compensation.
The complaint does not release the buyer from the obligation to pay our invoices in due time according to the agreed terms. For each return whose cause is not attributable to us, if prior agreed 30% of the value of the invoiced goods will be deducted. The credit note will be issued upon receipt of the goods, which must arrive in perfect conditions and carriage paid. No returns will be accepted for custom items.
Payment
If an invoice is not paid in due time, Giardini Produzioni reserves the right to interrupt deliveries to the buyer and charge, even without notice, an interest of 5% on the outstanding amount. Giardini Produzioni also reserves the right to cancel buyer’s open orders, totally or partially, even without notice.
Property
The goods remain the property of Giardini Produzioni until the buyer has fully settled all payment obligations including interests and other costs, even if the goods have been installed. In the event that the buyer fails to fulfil his obligations, Giardini Produzioni has the right to immediately recover the goods, wherever they are. The buyer already authorizes Giardini Produzioni to pick up the goods from the place where they were delivered by or for the buyer. All costs related to the recovery of the goods are borne by the buyer. Furthermore, Giardini Produzioni has the right to charge the buyer for any damage caused to the goods or any reduction in the value of the goods.
Responsibility
Except for damage caused intentionally, Giardini Produzioni is not responsible for any damage or defect. Giardini Produzioni can never be held responsible for consequential damages, including loss of profit, losses incurred or costs incurred, as well as loss of projects or price reductions, damages due to interruption or stagnation of production or of the company. Giardini Produzioni is not responsible for damage caused by its subordinates and / or non-subordinates for whom Giardini Produzioni is legally responsible, even if the damage was caused intentionally or through gross negligence. In the event that Giardini Produzioni does not fulfil, or does not sufficiently fulfil the obligations of the contract, or in the event of damage caused by hidden defects, the liability of Giardini Produzioni is in any case limited to direct damage, up to the amount of the goods. Giardini Produzioni cannot be held responsible for hidden defects of which it was not aware. The buyer agrees that Giardini Produzioni is acting in good faith and not being aware of any hidden defects.
Trademarks, company logos and copyrighted images
Any improper use or reproduction of trademarks, company logos and images not expressly permitted in writing is forbidden.
Applicability of the general conditions – Competent judge – Applicable law
Any changes to this agreement are only valid only in writing. For any dispute, the competent court is that of Milan.