1. Finalizing the Sales Contract
1.a The buyer is bound to the offer for 10 days. The contract goes into effect at the end of this deadline if the salesperson does not reject the offer in writing within 10 days prior to the deadline. Departing from number 1.a., the contract will go into effect before the end of the ten day time period if
- the contract has already been signed or
- the salesperson declares the acceptance of the contract in writing or
- the salesperson takes in an advance payment
1 b. Additional or different agreements only go into effect, if they are set out in writing, unless the salesperson or his authorized personnel for such agreements that take place after the contract has taken effect clearly expresses that the new agreement will take effect irrespective of the written contract.
The director authorizes the salesperson.
1 c. The prices are valid as of the production site.
2 a. All furniture items are sold according to model, without guaranteeing that the characteristics of the model will be taken over. Customary and reasonable color variations and differences in the grain of wooden surfaces remain acceptable. In the same way, customary and reasonable differences in textiles (e.g. furniture and decorative fabrics) regarding minor variations in the execution and fabric patterns, particularly in color, remain acceptable.
2 b. A) The warranty on our furniture lasts two full years as of the date of sale. If shortcomings traceable to fabrication or material use become apparent within this time frame, we will provide an appropriate compensatory delivery of a new product in exchange. The basis for these services is the invoice for the merchandise.
B) Warranty claims taking place because of obvious defects expire if the buyer does not claim them within two weeks of delivery
2 c. The warranty does not apply to damages the buyer is responsible for, and, as the case may be, damages the buyer has seen occur as a result of natural use, humidity, strong indoor heating, other temperature and weather influences or improper handling.
2 d. In the case of justified claims of defects, the warranty right of the buyer is first and foremost limited to rectification. The salesperson has the right to deliver an alternative item. The buyer can demand a cancellation of the contract (change) or a markdown (lowering) of the price after his selection of the product, if the rectification or alternative delivery fails, especially if it did not occur within an appropriate time frame or if the salesperson refuses to follow through on it. Apart from this, the warranty remains as it is for those attributes of the furniture that have been guaranteed.
3. Transfer of Perils
3 a. Delivery as of the site of production is in effect
3 b. The buyer will either pick up the merchandise after his selection himself, or will authorize a commissioned delivery service to pick it up at the production site in Italy.
3 c. The possession of the merchandise is transferred from the salesperson to the buyer or his a member of the authorized delivery service, to the buyer. The salesperson foregoes a property caveat.
3 d. In every case, the responsibility for coincidental damage or a coincidental degradation is transferred to the buyer when the merchandise is handed over to the buyer or his transporters. We advise the buyer to insure the transport of the items purchased.
3 e. Please sign the delivery note of the forwarding agency only with the supplement “under reserve of checking”. If an electronic device with a LCD is used for your signature, please ask the forwarder to write the above mentioned text into this device and only after this you should sign it.
If the goods or the carton / packaging are damaged from outside, please mention at any rate the damage on the delivery receipt of the forwarder and keep a copy of it. We kindly ask you to follow these points, because otherwise you will lose your claim of damage or refund.
The goods are delivered by the carrier to the first entrance door of the house or building of the address stated for delivery.
The driver is not under obligation to carry the goods to higher floors or into the residence itself nor to dispose of the packaging. (Please inform us in case you wish the merchandise carried upstairs. We are glad to provide a free estimation.)
· We ship our furniture all over the world. Please note, however, that the prices on our website relate exclusively to shipments within the continental Europe (EU). We invoice freight forwarding agents outside the European Union, UK and all islands separately for carriage and customs costs and for any turnover tax on imports that may be incurred. We will be happy to send you a quotation by return.
4 a. The buyer is not required to make down payments.
4 b. the sales price is to be paid in cash and in full at the time of pick up (should you be picking up the merchandise yourself) at the salesperson's production site.
4 c. Per bank transfer to our account in the UK, Germany or Italy. At the latest of 10 days you will receive a notification before the furniture is loaded. At the day of loading (handing over of the goods to the haulage contractor) you will receive an invoice requesting you to transfer the money. Upon entry of the money, the goods will be released and will be posted to you immediately.
4 d. Per cash on delivery: Payment to the haulage contractor plus 50 € fee for the haulage contractor additionally 3 % C.O.D. charge.
5. Right to withdraw from the contract for the salesperson
5 a. The salesperson is not required to deliver, if the producer no longer produces the particular item of furniture ordered or in the case act of nature beyond human control. As long as these circumstances occurred only after the signing of the contract, and if, in addition, he proves he has attempted to procure similar merchandise in vain, the salesperson does not have to stand in for the non-delivery. The salesperson is to inform the buyer regarding said circumstances promptly.
5 b. The salesperson may withdraw from the contract, if the buyer has made essential false claims regarding his creditworthiness capable of endangering the salesperson's request for payment.
5 c. The same applies, if the buyer files for bankruptcy or reorganisation because of objective incapacity to pay, and in fact, ceases to make payments.
6. Supply Agreement
6 a. If the buyer after the end of an appropriate extension of the deadline given to him in written form, including a threat to step back from the contract or to seek compensation after a fruitless end of deadline, maintains silence or explicitly refuses payment, the salesperson may step back from the contract and or request compensation because of non-compliance according to number.
6 b. A) The buyer must pay for incidental storage costs if the buyer remains in default for more than a month.
B) the salesperson can use a freight-forwarding agency for storage.
6 c. A) The buyer must pay for incidental storage costs if the buyer remains in default for more than a month.
B) The salesperson can use a freight-forwarding agency for storage.
7. Right to Return
7 a. Merchandise sold by Classic Design (Europe) Ltd. may be returned without declaring a reason within 14 days. A notice via email sent to the following address firstname.lastname@example.org within the deadline is sufficient. The merchandise delivered will then be picked up by the delivery service. The sales price for the merchandise returned, without damage, in the original packaging, will be refunded by Classic Design (Europe) Ltd. without deductions. Freight costs will be carried by Classic Design (Europe) Ltd.
Status: February 2005