These sale conditions are intended as completely accepted by the Customer when the order is given. All the orders are intended as admitted barring approval by Terrecotte Poggi Ugo Srl.
DELIVERY TERMS, SUPPLY DELAYS OR IMPEDIMENTS
The delivery terms, even if agreed, are not binding and dispense Terrecotte Poggi Ugo Sr.l. to the observation of such terms, without giving any right to rewards and/or any kind of compensation to the Customer. In case of circumstances beyond control as for example labour unrests, delays or non-arrivals of raw materials and/or similar events such as to stop or delay the production, the Terrecotte Poggi Ugo s.r.l. has the right to reduce the ordered quantity or make partial deliveries, therefore to postpone the shipping term or nullify the sale, without any right to rewards and/or any kind of compensation to the Customer.
The prices are related to the price list in force when the order is placed. The prices written on the e-commerce site include the VAT. The Terrecotte Poggi Ugo srl reserves the faculty to change its sale price lists in any moment and without any notice.
Due to the handicraft, the single items can be subjected to some change in sizes, weight, decorations and colour and these changes can not cause objections. As regards the items under request (samples, special products, etc.) the minimum quantities, the prices and the delivery terms will be agreed each time. The samples of shapes and colours given by the Customer will be previously checked by Terrecotte Poggi Ugo srl which will confirm their suitability for the production of the item.
PAYMENTS, EXPENSES, INTERESTS ON ARREARS
The payments must be made, within the settled terms, to the Terrecotte Poggi Ugo srl seat. The payments by bank cheque and/or bank draft will be accepted only if previously agreed and only if the cheques are made out esclusively to Terrecotte Poggi ugo srl. The payments by securities issued through bank chains will be preferably domiciled by the bank given by the Customer without any guarantee or responsibility of the bank prejudicial to the successful conclusion of the payment. In case of non-observance of the agreed payment terms, from the day after the deadline of the payment term and without need of bringing a default action, the interests will be debited to the Customer insofar as the interest rate of the main refinancing instrument of the Central European Bank, applied with its last transaction of principal refinancing made on the first calendar day of the six-month period at issue, increased of 7 (seven) points (Art. 5 Legislative Decree nr. 231 of 9th October 2002). Furthermore, the expenses for insolvency and recovery of credit to the cost will be debited, barring larger damages. When the payment delay exceed of 30 days the agreed term, a penalty of 5 (five) % of the amount whose term has not been respected, will be debited to the Customer (art. 10 of Legislative Decree n. 231 of 9th October 2002).
SHIPPING AND RISK
The products are always shipped at buyer’s risk and peril, also when the products are delivered free of charge and also if the shipping is covered by insurance, being understood that each shipping is made on specific behalf of the Customer. Therefore it is up the Customer to make the due qualitative and quantitative controls on delivery, to write on the shipping document each anomaly, to let it countersign by the courier and to inform the Terrecotte Poggi Ugo srl immediately also in writing, in order to enable to exercise the redraft right. The terrecotte Poggi Ugo reserves the right to choose the Courier without the constitution of a derogation to the above mentioned rules. In any case, any kind of refunds, damages or compensations for non-respect of the delivery term are excluded.
The containers and the packing materials are intended to be definitively sold together with the products, with the prices and the terms in force when the goods are shipped. In each case the withdrawal and the disposal of the empty containers and/or the semi-finished products are charged to the product’s user.
The claims on the product’s quality must be received by the Terrecotte Poggi Ugo srl within 8 days from the goods’ receipt. If the claim is well-founded, the Terrecotte Poggi ugo srl will replace the goods at its expenses and it will not give any other refund. The claims on the received quantity, that is on broken items, are not acceptable if made after more than 7 days after the receipt and if they have not been written on the shipping document of the Courier, specifying the quantity and the kind of challenged goods. Claims on prices written on the invoice and/or payment terms and/or anything else written on the invoice must be made within 8 days from the document’s receipt. Claims for goods flaws will be admitted only if made according to the law (art. 1495 of “Codice civile”).
We do not accept items back without our written authorization. All the above mentioned claims made after the set terms do not give any right of non-payment to the Customer. Therefore the Terrecotte Poggi Ugo srl will have full faculty to pretend what set on paragraph “PAYMENT, EXPENSES, INTERESTS ON ARREARS” applying the means allowed by the law.
The Terrecotte Poggi ugo srl respects the privacy of its Customers. The fiscal data to issue shipping documents and invoices, the e-mail address and each Customer’s personal data are treated by Terrecotte Poggi Ugo srl as written on the “Information on the treatment of personal data”, former art. 13 of legislative Decree nr. 196/2003, that can be consulted on the website www.poggiugo.it
PLACE OF JURISDICTION
In case of civil disputes related to the application of these sale conditions, we agree that the place of jurisdiction is exclusively the one in Florence.