Contract for the sale of furniture

PREMISES

This contract complies with the provisions related to the sale of consumer goods, under D. Lgs. 6 September 2005, No. 206, below identified as the Consumer Code. Under these general terms of sale, in any case the person or legal entity who, in the transmission of his/her/its data for the purpose of the conclusion of the purchase order, indicates his/her/its VAT number as the tax identification data, is considered to act "in the exercise of his/her/its business, commercial, artisan or professional activity" and, therefore, as a "professional" and not as a "consumer".

1. CONCLUSION OF THE CONTRACT

This agreement is intended to be concluded with its subscription by the buyer and seller. If necessary, it is accompanied by the quotation, itemized lists or drawings, countersigned by the buyer and the seller, to give a better definition of the purchased products; they represent an integral part of this contract.

2. VARIATION AND CONSENSUAL CANCELLATION OF THE CONTRACT

Every single element that is part of the order and of the provided services must be specified in the contract. Any request for change from the buyer must be received by the seller within 3 working days from the signature date. In this case, the seller, after a feasibility check, will communicate the approval of the changes and the related changed conditions of the contract to the buyer within the next 8 working days.

The seller takes care of promptly notifying the buyer any request for change, caused by justified reasons, independent of the seller, in order to agree to the change of the order and/or the relevant contractual conditions or the consensual termination of the contract.

2.2 RETURN OF GOODS

Mobilcasa s.n.c. will not accept the return of purchased goods and products, even those on display at its commercial premises, except when the return has been previously authorized by Mobilcasa s.n.c. In this case, the possible return of the goods is however to be intended entirely at the expense of the buyer, who will bear any transport, assembly, insurance, customs and ancillary expenses, etc., remaining at the expense of the seller only the refund for the returned goods, as agreed with the buyer. The returned goods must also be intact in all their parts and complete with all their components and properly packed in the original wrappers and/or packaging; if not, Mobilcasa s.n.c. might refuse the previously authorized return.

Each good and/or product returned must be accompanied by its delivery note, if necessary, and/or other document attesting the delivery or pick up of the goods. In no case will Mobilcasa s.n.c. accept the return of products made on the customer's design or in any case of custom-made products.

3. TECHNICAL SPECIFICATIONS

The buyer states that he/she has understood the technical and functional specifications of the goods, under art. 6 of the Consumer Code ("Minimum Information Content"). In any case, Mobilcasa s.n.c. states that the description, dimensions and specifications of the product(s) present in the manufacturer's catalog must be considered indicative and may vary with reasonable tolerance.

4. COMPLIANCE OF SAMPLES

In case of sale on sample, the goods must comply with the sample shown to the buyer, as determined by the Consumer Code, taking into account that natural products (wood, leather, marble, etc.) and  lacquering may show slight color differences if compared to the sample itself. In case of completions and replacements, it is not possible to guarantee the uniformity of wood veining and shades of color. Therefore, any order for completion, repair, modification and replacement of products may show differences in veins, hue or other, which are to be considered unavoidable and non-contestable.

5. MEASURES

The seller, unless otherwise agreed, must draw up a plan showing the dimensions of the involved rooms, which he had detected  with a survey or through a plan provided by the buyer. Plans must specify the localization of plants.

In case measures are modified by any intervention after the survey, the buyer must immediately communicate them to the seller.

Any consequent cost is at the expense of the party responsible for the variation, except as required by art. 2 of this Contract.

The seller is responsible in case dimensions are badly measured or in case he/she has mistakenly indicated the location of plants.

The buyer is responsible in case he has provided inaccurate measures or has not promptly communicated any subsequent change.

In case it is not possible to deliver or install the purchased goods due to inaccurate indications and/or measures provided by the buyer, any additional cost for transport, installation or dismantling is at the expense of the buyer.

6. INSTALLATION  AND ASSEMBLING

Installation of the purchased goods includes only the assembling of their individual parts; any hydraulic, electrical or wall work is not included.

The installation will be performed by the seller only in case that this service is included in the contract. In this case, the buyer, before the delivery of the purchased goods, must allow the seller preliminary access to the premises to verify the feasibility of the installation.

The buyer must promptly communicate any event or problem occurred that would make it difficult or impossible to install the purchased goods, in any case before the date agreed for the installation. The seller has the right to charge the buyer for any cost incurred in the event of a non-timely communication. In any case, the buyer acknowledges that the new date for the installation will be identified by the seller in accordance with the availability of its specialized staff.

In case the premises where the purchased goods must be installed are located on a construction site, the buyer is responsible for complying with all the rules concerning the safety of the workers of Mobilcasa s.n.c. in order to operate on the site itself.

It is the buyer's responsibility to make the premises where the goods have to be installed in perfect  state of agility and cleanliness. Otherwise, Mobilcasa s.n.c. has the right to refuse to install the goods and a new date must be agreed at the buyer's expenses.

The protection of objects already on the places where the assembly and/or installation must be carried out is at the expense of the buyer.

7. PRICE AND ITS VARIATIONS

The price of the goods purchased with this contract includes the payment of the goods and services specified in the contract itself. The price will have to be changed in case there are changes in VAT rates,  government taxes and/or, in any case, sales taxes occurring after the date of the contract. The seller will promptly communicate any change to the buyer. 

Any invoice must be requested at the time of the conclusion of the contract with the simultaneous communication of the buyer's tax information. Once the data of the invoice holder are communicated by the buyer and included in the purchase order, they cannot be changed any longer. It will not be possible to make any change to the invoice after its issuance.

8. CONFIRM DEPOSIT AND DOWN PAYMENT

A the time of the stipulation of the contract, the buyer must pay 40% of the entire sum to the seller as a deposit. In case the parties agree on a different percentage (higher than 40%), the difference is considered as a down payment.

A subsequent down payment, in the amount of 40% of the entire value of the goods, must be paid when the goods are delivered to Mobilcasa headquarters or warehouse. It will be the seller's responsibility to communicate the date to the buyer. After this payment, the installation and assembling will be carried out.

The balance of the remaining 20% of the entire value of the goods (or in any case the remaining sum, in case the down payment has been agreed in a higher percentage) must be paid within 5 days of the delivery, unless otherwise agreed in the purchase order (see infra art.10 of this Contract).

In case of a funding coordinated by the seller, no deposit will be paid, but the financial company will provide the entire amount to Mobilcasa s.n.c. according to the timing arranged in the funding itself.

9. DELIVERY

Delivery dates reported in the purchase order are intended to be indicative and non-binding. The date cannot in any way be considered fundamental by the buyer, unless stated in the order.

The delivery date of the goods to the buyer's premises is precisely agreed between Logistic Office and the buyer when the goods are in possession of the seller. At the same time, the parties establish who is in charge for the delivery/pick up of the goods.

In case the seller is in charge for the delivery, he must deliver the purchased goods without unjustified delay and within maximum 30 days on the date the goods have become in his possession.

Approximate date, cost, payment and purview of delivery are included in the purchase order, which is an integral part of this contract.

At any time, the buyer must obtain information on the progress of the execution of the contract.

The buyer undertakes to communicate promptly any event or problem that would make it difficult or impossible to deliver the goods, in case the seller is in charge of it.

In case the buyer requests a change in the delivery date, the request must be done in writing and in any case the buyer must proceed to the payment of the balance within 5 days of the previously agreed delivery date. Costs related to custody, delivery, assembling, dismantling and installation are excluded and they will have to be paid within the new agreed delivery date.

In case the buyer refuses the delivery of the goods for no justified reason, the seller invites him to receive the service within an additional time appropriate to the circumstances.

After this period has passed in vain, the seller may withdraw from the contract keeping the deposit, or request the execution or termination of the contract itself, except for possible damages, as stipulated in art. 1385 c.c.

In case the seller does not fulfill the delivery requirement within the agreed deadline, the customer invites him to make the delivery within an additional deadline, appropriate to the circumstances.

In case the goods are not delivered within the agreed deadline and after the additional deadline, the buyer may withdraw from the contract, demanding twice the deposit, or ask for the immediate termination of the contract and a compensation for the damage.

In case the buyer had stated the deadline as fundamental, he does not have to give additional time.

In particular, in the case of termination of the contract by the buyer under art. 61 of the Consumer Code, the seller is obliged to reimburse him the paid sum without any delay.

The seller and the buyer are not responsible for the delay in delivery due to force majeure or accident.

At the delivery of the goods, the buyer is required to sign the delivery note.

10. PAYMENT

The goods are paid, deducting the already paid deposit and down payment (see retro art.8 of this contract), no later than 5 days within the delivery or according the terms of payment included in the contract.

In case goods have to be delivered abroad, the full sum has to be paid before the delivery in any case, otherwise it will not be possible to proceed.

In case goods are delivered in multiple steps, the buyer must pay the amount corresponding to the value of the goods delivered for each of them.

11. NON-FULFILMENT

In case of non-fulfilment of the seller, in different cases than those included in art. 9 of this contract, the buyer is entitled to receive twice the paid deposit. In case of non-fulfilment of the buyer, in the same circumstances as above, the seller is entitled to withhold the deposit. If the defaulting party prefers to request the execution or termination of the contract, the reimbursement is regulated by current regulations.

In the event that the seller's performance is impossible because of circumstances not related to him, the provisions referred to in articles  1256 and 1463 c.c apply to him.

For the purposes of this contract, it is assumed that reasons for the impossibility may be – as a not complete example: bankruptcy and/or in any case the termination of the activity of the producer of the goods, the termination of production of the purchased goods by the producer, etc. In such circumstances, the seller will be returned the sums that he/she may have already paid, as an execution of the contract itself.

12. COMPLIANCE DEFICIENCIES

At the delivery, the buyer must check  the received goods together with the seller and, once the goods have been checked, he must issue a statement proving that he has not found any obvious anomalies.

There is no compliance defect if, at the time of the conclusion of the contract, the buyer was aware of the defect or he could not ignore it with the ordinary diligence or if the compliance defect derives from instructions or materials provided by the buyer.

13. GUARANTEE

The provisions of the Consumer Code apply to the contract, as for the guarantee of compliance of the purchased goods. In particular, the buyer, without any charge on him/her, is entitled to the restatement of the compliance of the purchased goods, through repairing or replacing by the seller. In order to obtain it, the buyer must report the compliance defect to the seller within 2 months of the date of the discovery.

The legal guarantee of compliance includes defects occurring in the two years after the delivery, including those resulting from the flawed installation and assembly carried out by the seller.

In case the products have additional guarantee issued by the manufacturer, the seller undertakes to provide the buyer with the data of the nearest manufacturer's service network.

The responsibility of Mobilcasa s.n.c. is excluded for: defects attributable to the misuse of products; defects resulting from the normal deterioration and use of the products; defects caused by improper maintenance, improper cleaning of the product or buyer's negligence; vices on products subject to tampering, repair or modification carried out by the buyer or by third parties on his behalf without prior authorization; products for which the Customer has not paid Mobilcasa s.n.c. the purchase price.

In any case, Mobilcasa s.n.c. will respond within the limits of the sum paid by the buyer for the purchase of the product affected by vices.

14. WEEE

The seller picks up for free waste of electrical and electronic equipment (WEEE) of the same type as the new electrical and electronic equipment (EEE) purchased by the buyer, in the proportion of one-to-one.

The appliances to be collected must have the same function as those purchased (for example: an oven for an oven, a lamp for a lamp, etc).

There is no free collection for a non-EEE item purchased.

Waste must be in such a conditions that there is no risk for the safety of those who have to move them, without the addition of other items or materials and with no tampering. In case the waste does not meet these conditions, the seller will refuse to pick it up.

It will be the buyer's responsibility to make the items ready to be collected from the place where they're located, otherwise the withdrawal  of the WEEE will be refused.

The address of the equipment to be collected must coincide with the delivery address of the new equipment.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

This contract must be interpreted in accordance with the Italian law.

The parties acknowledge that alternative forms of dispute resolution are available:

  • Assisted negotiation (under Article 2 d. L. 12 September 2014, No. 132, converted with modifications by L. 10 November 2014, No. 162);
  • equal conciliation process (if applicable);
  • attempt at mediation with the established bodies at the Chambers of Commerce or other mediation bodies recognized under D. Lgs. 28/2010.

The forum of the buyer's place of residence is solely responsible for buyers disputes. The Forum of Pisa is responsible exclusively for disputes between professionals relating to this contract.

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