Terms & Conditions
Standard terms and conditions of sale
In this document the following words shall have the following meanings:
1.1 „Private Buyer" means the private person, or consumer who buys Goods from the Seller .
1.2 "Consumer" shall mean any natural person who concludes a legal transacon for purposes that can be primarily aributed neither to a trade nor a profession.
1.3 „Pro buyer“ shall mean the organisaon or person who buys Goods from the Seller in the exercise of his profession, be it to resell the goods or for their own use.
1.3.1 „Buyer“ shall mean the person or organisation who buys goods from the Seller, no matter if the Buyer is a private person or a professional.
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "List Price" means the list of prices of the goods maintained by the Seller as amended from time to time;
1.6 "Seller" means Zaor Studio Furniture srl.
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Condions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentaon or communicaon
from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Condions and are subject to acceptance by the Seller.
The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be as contained in the Seller's Quotaon (as applicable) at the date of order or as agreed between the pares. For a Private Buyer the price is
inclusive of Romanian VAT (19%) and inclusive of any delivery charges to the mainland EU. For the Pro Buyer with a VAT ID number the price is exclusive of VAT but
inclusive of shipping cost to the mainland EU. The Seller reserves the right to determine the best means of transport even if that should mean a delay for the delivery. Islands
and special destinations are subject to extra charges and must be specified by Buyer when placing the order.
3.2 For Buyers in Europe outside of the European Union (f.e. Norway, Switzerland) or out of Europe no VAT will be charged. The buyer will be responsible for clearing the
goods and paying any dues or import taxes due in his territory. Shipping cost shall be determined on a case by case basis and invoiced at cost, the Seller reserving the right to
choose the most suitable means of transport.
3.3In case of an ex works sale, the Buyer has the right to choose the freight forwarder and make all the necessary arrangements. Buyer and Seller will agree on a date for the
pick up of the Goods, where the freight forwarder will be able to pick up the goods and paperwork her ready.
3.4 Payment of the total purchase price, if applicable including VAT and any delivery charges must be made in full before dispatch of the Goods unless otherwise agreed to in
the payment terms.
3.5 Payment for custom orders is due at the date of the order, unless other payment terms have been agreed to.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller nofying the Buyer that the Goods are available for collecon at the Seller's or for delivery to such place and on such
terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within the me esmated on the order and the Buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall be of the essence and the Seller shall not be liable for
any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Goods may not be in stock at the me the order is placed, since most pieces of furniture are built to order. In the event that the Seller is unable to deliver the Goods in the
time estimated in Clause 4.2, the Seller will contact the Buyer to advise of the situation.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Delivery of custom goods, designed and built especially for the Buyer by the Seller are subject to extended or changing delivery mes, due to the unforeseeable nature of
such custom builds. The Seller will give reasonable noce to the buyer of any delays if and when they happen but these delays shall not entle the Buyer to any sort of
compensation or withdrawal from the contract.
5 WARRANTY
The Seller warrants that the Goods will at the me of delivery correspond to the descripon given by the Seller or be fulfilling the same funcons or beer than at the me of
order. All products of the Seller are subject to upgrades and improvements without prior noce. Should an upgrade or improvement affect important specific parts of the
order such as color, size or weight then the Seller will inform the Buyer in due me before delivering the goods and give the Buyer a choice to withdraw from the sale. This
does not apply to custom goods, where an adaptation might be necessary to maintain the functionality required by the Buyer.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall nofy the Seller within 8 DAYS of delivery if the goods are damaged or do not comply with any part
of the Contract.
6.2 Where a claim of defect or damage is made,the seller will mend the damages he sees fit. The seller may ask that the Goods be returned by the Buyer to the Seller and the
Buyer shall be entitled to replacement Goods or a full refund (excluding delivery costs, if applicable) if the seller should choose to do so.
6.3 Goods to be returned must clearly show the number previously obtained from the Seller on the package (RMN). Buyer is responsible for re-packaging the goods properly
so they may not suffer any damage during transport.
6.4 Where returned Goods are found to be defective due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet web shop, the Private Buyer has the right, in addion to any other rights, to cancel the purchase of the Goods and receive a
refund by informing the Seller in wring or by email within 15 working days of receipt of the Goods. Goods must be returned at the Private Buyer's cost and should be
adequately packaged and insured during the return journey. The Private Buyer shall receive reimbursement of all monies paid for the Goods (excluding delivery charges)
within 30 days of cancellation. The seller reserves the right to diminish the reimbursement if the Goods are found to no longer be in a state qualified as new.
6.6 The Pro Buyer does not have the right to cancel the contract, once the product has been dispatched.
6.6 The Buyer explicitly waives any rights for cancellaon or refunds on custom goods, manufactured specifically to his specificaons. Should there be a defect or lack of
compliance the Buyer shall be entitled to a repair, exchange or upgrade until the Sellers has delivered the exact custom piece(s) as specified in the offer/ sales order.
7 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 24 month from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Condions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss
or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequenal loss of profit, consequenal or other economic loss
suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligaons if the delay or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural
source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10 SEVERANCE
If any term or provision of these Terms and Condions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdicon such provision shall be
severed and the remainder of the provisions hereof shall connue in full force and effect as if these Terms and Condions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Condions shall be governed by and construed in accordance with the law of Romania and the pares hereby submit to the exclusive jurisdicon of the
Romanian courts.
