These terms and conditions apply to all sales agreements entered into by RANIERI PIETRA LAVICA s.r.l. whose registered office is in Naples (hereinafter called RANIERI PIETRA LAVICA).
By placing a purchase order, the client confirms that he has read and accepted in full all the General Conditions set out below.
All orders are subject to acceptance by RANIERI PIETRA LAVICA.
RANIERI PIETRA LAVICA is free to accept or refuse an order. It may also subject acceptance or processing of an order to payment of a deposit or the entire amount owed or to the provision of appropriate guarantees to back such payment. In the event of a purchase order being refused, no sums will be due to the client by way of refund, compensation or any other form of reimbursement, without prejudice to RANIERI PIETRA LAVICA’s duty to repay
the client any advance payment made for the products in the order which has been refused.
Orders must be placed in writing and the relevant product codes must be specified as per our price list. In any case the product code shall prevail. For orders of goods not indicated on the price list (special orders) drawings must be included for submission to our technical department.
3) CHANGES TO THE ORDER
We accept any changes to orders up to 3 days prior to our notification of confirmation of your order.
After this date RANIERI PIETRA LAVICA reserves the right to accept or refuse any requests for changes to or cancellation of an order, subject to modification of delivery times and adjustments to purchase prices in case of changes.
In the event of an order cancellation, RANIERI PIETRA LAVICA may request a refund of costs.
4) DELIVERY OF GOODS
In the absence of a written agreement, the goods are sold ex-works. Shipping, which may be organised by RANIERI PIETRA LAVICA either on request or on behalf of the client, is always at the expense and risk of the client.
The delivery times indicated on the order confirmation are purely indicative and are in no way binding.
Orders that contain more than one product may be shipped separately.
A request for a single delivery may give rise to longer delivery times.
RANIERI PIETRA LAVICA does not accept any liability for late delivery of goods.
In any case RANIERI PIETRA LAVICA shall not be liable for errors and/or late deliveries due to shipment or customs clearance of the goods or, in any
case, to events not directly attributable to RANIERI PIETRA LAVICA.
A request to delay the delivery of goods, once they have been prepared, shall not entitle the client to defer payment thereof with respect to the terms of the order confirmation.
RANIERI PIETRA LAVICA also reserves the right to transfer the prepared products to an external warehouse at the risk and expense of the client.
RANIERI PIETRA LAVICA reserves the right to make technical and aesthetic improvements to its products, including changes to their size and finishes, without prior notice.
The images and drawings shown in the price list and catalogues do not define the characteristics of the products.
The measurements stated are approximate and may vary.
SPECIAL PRODUCTS: the client should contact RANIERI PIETRA LAVICA’s “Customer Service” department when GENERAL SALES requesting special products (such as custom designs and sizes, or customized finishes).
The client accepts that a higher price, or a price set by RANIERI PIETRA LAVICA, will be applied to special products.
Warranty terms shall apply only to differences between what is stated in the specification sheet and the product received.
The colours in sample books and catalogues and on specification sheets are approximate. By confirming the order the client accepts any colour tolerances.
We cannot guarantee that colour shades will be exactly the same in the case of completion and/or combination of different products or subsequent completions to different shipments.
The client must check the goods immediately after taking delivery of them and in any case before they are used, positioned or modified.
In the event of visible defects, the client must note them on the delivery consignment form and report them in writing by email, fax or registered letter within 48 hours of delivery of the goods, or within 7 days of delivery in the case of hidden defects.
If the defect is covered by warranty, and RANIERI PIETRA LAVICA is obliged to take responsibility thereof on the basis of the descriptions on the product specification sheet, RANIERI PIETRA LAVICA will decide at its discretion whether to repair or replace the product, in whole or in part.
No compensation shall be due for indirect expenses or damage.
RANIERI PIETRA LAVICA will not accept returned goods unless expressly authorized in writing, properly packed by the client and shipped free of all costs to the warehouse of our head office. In the event of further damage to the goods due to insufficient protection thereof, RANIERI PIETRA LAVICA reserves the right to charge the client the cost of the damage incurred.
10) PRICES – PACKING
Delivery is always at the prices indicated on the RANIERI PIETRA LAVICA price lists and according to the conditions in force at the time of the order confirmation.
Packing of goods is at the discretion of RANIERI PIETRA LAVICA and will be charged to the client.
Any requests for customised packing will be agreed in writing by the parties.
Payment methods and terms are specified in the order confirmation. The acceptance of negotiable instruments by RANIERI PIETRA LAVICA is always “subject to actual payment”, without novation of the underlying contract and without modification of the district of jurisdiction.
Failure to observe the payment terms will entail the application of default interest at the current applicable rate in Italy.
12) PROTECTION OF RIGHTS
RANIERI PIETRA LAVICA reserves the right to suspend the supply of goods when the client’s credit quality is such as to clearly jeopardize completion of payment.
In the case of deferred payments, failure to strictly comply with the agreed deadlines authorizes RANIERI PIETRA LAVICA to demand immediate payment of the entire outstanding amount.
13) RETENTION OF TITLE
The transfer of ownership of the goods from RANIERI PIETRA LAVICA to the client occurs with the full, irrevocable and unconditional payment of the sums owed by the client to RANIERI PIETRA LAVICA.
The goods will remain the property of RANIERI PIETRA LAVICA until full payment is made, without prejudice to what is stated in relation to the transfer of risks in art. 4 above.
14) INTELLECTUAL PROPERTY RIGHTS
“Intellectual property rights” are the sole and exclusive property of RANIERI PIETRA LAVICA and their communication or use under the present conditions of sale shall not give rise, in relation thereto, to any right or claim on the part of the client.
The client agrees not to perform any action that is incompatible with the ownership of the “intellectual property rights”, and hence, for the sake of example, will refrain from using and from registering trademarks, drawings, similar products and/or products that may be confused with those of RANIERI PIETRA LAVICA. Furthermore, it will not remove or alter the RANIERI PIETRA LAVICA trademarks and will use them only in accordance with the instructions received from RANIERI PIETRA LAVICA and only for the purposes set out in these terms and conditions of sale.
15) GENERAL CONDITIONS
The general conditions of sale apply whenever these are not expressly derogated in writing by RANIERI PIETRA LAVICA:
RANIERI PIETRA LAVICA’s failure to exercise any right under these terms and conditions of sale does not constitute tolerance and does not entail a waiver of such right.
All correspondence to RANIERI PIETRA LAVICA must be sent to the following address:
RANIERI PIETRA LAVICA srl
Via Vesuvio 174
80040 Trecase (NA)
16) PROTECTION OF PERSONAL DATA
The data provided by the client will be stored and processed by RANIERI PIETRA LAVICA (data controller) in hard copy and electronic databases, in full compliance with its legal duties, not only of an accounting and fiscal nature, but also of a statistical and commercial nature, in full compliance with legislative decree no. 196/2003, as amended.
Placing a purchase order constitutes consent to the processing of data for the purposes outlined above.
The client is acknowledged the rights under art. 7 and the following articles of legislative decree no. 196/2003.
17) GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with Italian law, and in compliance with European Union law.
The place of performance of the client’s obligations is RANIERI PIETRA LAVICA’s registered office.
The Courts of the district of Naples shall have exclusive jurisdiction for any disputes arising from the sale of goods.
18) APPROVAL AND ACCEPTANCE
By placing a purchase order, the client confirms he has read and accepted all of the general conditions herein.