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terms of sale

TERMS OF SALE

These Terms of Sale apply to all orders placed by customers on this website. By placing any order, Customers agree to be bound by these Terms of Sale.

Article 1 – Definitions


1. Under these Terms of Sale:

  • "Seller" means “Calligaris USA Inc, with registered office at 2101 Brevard Road, High Point, NC 27263, or any other group entity indicated in the invoice or any other document issued to the Customer for the purchase;
  • "Customer" means the person acquiring the goods under the present Contract;
  • "Contract" means the contract of sale of goods existing between the Seller and the Customer.  


Article 2 – Products

The Seller makes reasonable efforts to ensure that the description and specifications of the products sold on this Site are correct and up to date. All images published are for descriptive purposes only and may slightly differ in terms of color, size and accessories from the actual products, including without limitation as a result of the different devices used to view the Site or browser settings.  Color tones, patterns and textures of fabrics, leathers, woods, stone, marble, glass or other materials (collectively, the “Materials”) may vary between items and within an individual piece due to natural and production differences.  Certain Materials may change in color over time and with exposure to light and the elements, Seller will not accept claims or returns for the minor variations and imperfections described herein.

Customer acknowledges and agrees that where a sample of a product has been shown to and/or inspected by Customer, or viewed on a catalogue, brochure or similar materials, the sole purpose of doing so was to enable Customer to inspect the product and the provision of such sample does not constitute a sale by sample, a representation, guaranty and/or warranty that the products sold to Customer will conform to the sample and Seller expressly disclaims all liability with respect to the provision of such sample. 


Products may be modified or discontinued, at any time, without notice to Customer.  In addition, Customer understands and acknowledges that some minor design changes may be made during the manufacturing process.

 

Article 3 - Acceptance of Orders

All orders are subject to written acceptance by Seller.  Receipt and acceptance of an order, or rejection thereof, by Seller shall be confirmed by email sent to the email address indicated by the Customer when submitting the order.

The Seller reserves the right not to accept an order, at its own absolute discretion, for any reason, including without limitation in case of wrong prices being published on the Site or an address given by the Customer being considered unfeasible for delivery of an order.

Once the order has been accepted by Seller, a printable webpage with details of the order will be displayed to the Customer, reporting the company details of the Seller, the essential features and price of the products and any additional charges, payment procedures and terms, delivery procedures and terms, and the return policy. The Customer undertakes to check that the details given when placing the order are accurate.

 

Article 4 - Acceptance of these Terms of Sale

Prior to placing an order electronically, the Customer must read the general terms and conditions of sale and expressly accept them by checking the relevant box. The Customer must also verify the truth and accuracy of the details provided during the purchase procedure. The Customer furthermore acknowledges that the Seller cannot be bound by any different conditions, unless these are agreed in advance and in writing between the Seller and the Customer.

 

Article 5 – Prices

Seller reserves the right to change the prices of any products at any time without notice to Customers.

All prices of products published on this Site shall be exclusive of applicable taxes. All applicable taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of taxes and other charges shall depend on various factors, including, without limitation, the type of product purchased, the price of the product and the destination of the shipment.  Sales tax regulations may change between the time a Customer places an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice the Customer will receive with the shipping confirmation e-mail. Delivery costs and any additional charges, where relevant, are not included in the sale price but specified and calculated during the checkout process and are also included in the order receipt. 

Any incorrect price published on the Site is NOT binding on the Seller, even after the email acknowledging receipt of the order is sent by the Seller to the Customer.  Seller shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. If the order is cancelled by Seller after payment has already been made, Seller will promptly refund the amount of the incorrect price to the Customer.

 

Article 6 – Payments and refunds

The price of the products, shipping and delivery costs and applicable sales taxes will be charged to Customers’ accounts when Seller is ready to ship the products.  Products will not be shipped unless and until full payment has been received and cleared by Seller. 

Customer payments can only be made by credit card or one of the other methods specified on the Site. If any products are returned, the Customer will be refunded using the same payment method used at the time the order was placed, in a timely manner, typically within  14 (fourteen) days from the date on which the Seller has received the returned Products and verified that the return has been made by the Customer in compliance with these Terms of Sale.  If Customer paid by credit card or debit card, refund proceeding will depend on the credit or debit card company’s policies.

 

Article 7 – Product delivery

Delivery times specified in the product pages and during the purchase procedure are estimates only and such estimates shall not be deemed a representation by Seller. Where deliveries are delayed, the Customer will be informed by email in a timely manner. Seller shall not be liable for failure to ship or deliver the products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.  Notwithstanding the foregoing, in the event that Seller is unable to ship an order within thirty (30) days of receipt of placing an order, the Customer will receive an email from Seller notifying the Customer of the delay in shipment.  At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.

Upon pick up of the products by Customer, or delivery of the products to the Customer at their address, as applicable, the risk of loss or damage and title to the products shifts to the Customer.

Seller offers the following delivery options:

In-Store Pick-Up

Seller shall notify Customer when the products are ready for pick-up.  Customer may pick up the products, personally or though his/her authorized representative, who shall be at least eighteen (18) years of age and produce a valid photo ID, at the local store’s address [indicated on the order confirmation].  Pick-up of the products shall be scheduled by the parties at a mutually convenient time no later than [two (2) weeks] following Customer’s receipt of Seller’s notice that the products are available for pick-up (the “Scheduled Pick-up Date”).  Seller shall not be liable for any postponement by Customer of the Scheduled Pick-up Date.  Any damage to the products must be reported to Seller’s representative immediately at the time of pick-up.

 

Roadside Delivery

For products having a total weight up to 170 lbs., delivery will be made roadside at the address provided by the Customer, using an express courier selected by Seller. Exclusion may apply: in Alaska, Hawaii, US Virgin Islands, PR, North Dakota and South Dakota.  Seller will send an email to Customers when the products leave Seller’s warehouse.

Upon receipt of the Products, Customer, or such other person accepting delivery, shall carefully inspect the products for completeness and integrity.  Any quantity discrepancies, defects, damage or other non-conformity must be noted immediately in the form of a completed and signed inspection receipt provided by the delivery agent.

 

White Glove Delivery

For products exceeding a total weight of 170 lbs., or when the Customer has requested assembly of the products, products will be delivered at the address provided by the Customer and assembled in the room of choice, and packaging of the products will be disposed of by the delivery service selected by Seller.

Seller shall notify Customer when the products are ready for delivery.  Delivery of the products shall be scheduled by the parties at a mutually convenient time no later than [two (2) weeks] following Customer’s receipt of Seller’s notice that the products are available for delivery (the “Scheduled Delivery Date”).  Seller shall not be liable for any postponement by Customer of the Scheduled Delivery Date.  Customer or his/her authorized representative, who shall be at least eighteen (18) years of age and produce a valid photo ID, shall be present at the address provided at the time of delivery.  Customer must measure elevators, halls, doorways, etc. to ensure that they can accommodate delivery of the products.  

Upon receipt of the Products, Customer, or such other person accepting delivery, shall carefully inspect the products for completeness and integrity.  Any quantity discrepancies, defects, damage or other non-conformity must be noted immediately in the form of a completed and signed inspection receipt provided by the delivery agent.


Article 8 – Product assembly

In case of white glove delivery of products, where Customer has contracted to have Seller assemble the Products, all assembly operations will be performed by the Seller or by a third-party enterprise on behalf of and under the instructions of the Seller (“Subcontractor”).

Customer or his/her authorized representative, who shall be at least eighteen (18) years of age and produce a valid photo ID, shall be present at the time of assembly, until assembly of the products is complete.  Customer shall ensure that the working area is clean, clear of debris or any other materials that may prevent assembly of the products, and that Seller or Subcontractor have clear, safe and uninterrupted access to the premises in order to perform the assembly.  Customer shall promptly notify Seller of any changes in conditions, anomalies or defective conditions found at the premises that may affect assembly of the products, and Customer acknowledges and agrees that Seller shall not be liable for any delay in assembly caused by any such conditions and Seller shall have the right to assess additional charges.  Seller shall not be responsible in the event assembly is impossible as a consequence of uneven floors or levels, inaccurate measurements provided by Customer, variations in size, design or shape of walls, appliances, or by any other condition not expressly disclosed to Seller in a timely manner.  Wall installation service is not included and it is not available on demand.

Any defects, damage or other non-conformity occurring during assembly must be reported to Seller immediately at the time of completion of assembly in the form of a completed and signed assembly ticket to be provided by Seller’s or Subcontractor’s agent(s) performing the assembly.

Article 9 – Limited warranty

EXCEPT AS OTHERWISE SET FORTH HEREIN, PRODUCTS ARE SOLD ONLY WITH THE [1-YEAR] LIMITED WARRANTY DESCRIBED IN THIS SECTION.  EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SELLER PERSONNEL ARE NOT AUTHORIZED TO ALTER THESE WARRANTIES.

Seller warrants that its products are free from material defects in materials and workmanship and defects caused by transportation and assembly when such services are included in the Contract, excluding the specific limitations set forth below for a period of one (1) year from the date the products are delivered to the Customer.  Defects caused to the product by transport or incorrect assembly, where these have not been included in the Contract, are expressly excluded from this limited warranty.  Any alteration by Customer of goods sold shall render this warranty void.  [This warranty shall not apply to clearance merchandise and to Products sold “as-is”].

The limited warranty applies to products purchased by Customers that show a lack of conformity.

Products show a lack of conformity when:

  • they are not fit for the purposes for which goods of the same type are normally used;
  • they do not comply with the description given by the Seller and possess the qualities of the goods which the Seller has represented to the Customer;
  • they do not show the quality and performance which are normal in goods of the same type and which the Customer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the Seller or its representatives, particularly in advertising or on labeling;
  • they are not fit for any particular purposes for which the Customer requires them, and which were made known to the Seller at the time of conclusion of the Contract and which the Seller has accepted.

The warranty applies only to the Customer and does not apply to damages, defects, failure or loss that result from:

  1. Natural wear and tear of the products, movable parts, or covering materials (such as casters, applied materials, lacquered surfaces, veneers, glass, marble, stone);
  2. Accident, misuse, abuse, neglect, unusual physical stress, improper operation, maintenance, handling, installation, assembly, non-compliance with the general instructions of normal use, and exposure to extreme environmental conditions (e.g., climate, humidity, chemicals) or conditions beyond performance and design specifications;
  3. Careless use or inexpert or unauthorized maintenance, repair, cleaning or care contrary to Seller’s maintenance instructions;
  4. Materials supplied by Customer, modifications to the product or changes in construction requested by Customer or alterations of the products (including, but not limited to purchaser-applied finishes);
  5. Use of sharp objects (e.g., writing tools) on the surface of the products; and
  6. An act of God, fire, earthquake, flood, high wind, war, strikes or other causes beyond the Seller’s reasonable control.

If Customer believes the product purchased is defective and meets the terms of this limited warranty, he/she can open a ticket by contacting the Calligaris local store by email (found on the purchase order), providing the order number and describing the issues with the product(s) (including pictures and/or videos, as needed).

 

If the Seller or its authorized representative (i.e., local dealer), after reasonable inspection, deems a product defective as a result of a defect in materials or workmanship or due to transportation or assembly (if applicable), Seller, in its sole option, shall repair or replace, subject to availability of replacement materials or products, the defective product at no cost to the Customer.  If identical materials are not available at the time of repair or replacement, Seller will replace the product with a product which is similar in function and quality; in such event, the Customer may refuse the replacement, and the Seller will refund the amounts paid by the Customer. If the replacement or repair of the product is impracticable, the Seller will either refund the price paid for the product (provided that the product is delivered back to the Seller) or grant a price reduction, at the Seller’s option. Please note that the warranty covers only products that have been purchased online directly from the Seller and does not extend to products that the Customer has purchased from a subsequent owner/retailer.

If the product’s repair and/or replacement do not meet the warranty terms and conditions, the Customer will receive a quote to repair the product, if the same can be repaired.

Seller may change the terms or availability of this limited warranty at any time at the Seller’s sole discretion without prior notice, but such changes will not apply to any products purchased prior to the effective date of such change.

The Customer must carefully study and retain the use and maintenance instructions provided with the product before its use. 

 

After-sale technical assistance

The technical assistance service for Seller’s products is provided by an extensive network of authorized stores available throughout the Country.  Customers can find information on technical assistance reference on the order confirmation.  Please keep a copy of the order together with the product’s instructions.


Article 10 – Return Policy

The Customer can return products (with the limitations set forth below), without penalty and for any or no reason, within 30 (thirty) working days of receiving the product.

Products can be returned by notifying the Seller in writing, within the above-mentioned time limits, by email sent to the address: [email protected]. Customers must include their personal details, order number and the product(s) they wish to return.

The Customer cannot return the following products:

  • Products that have been installed or assembled;
  • Products that are not in their original condition and packaging;
  • Products that are part of the MTS/MTO programs (if applicable);
  • Custom and bespoke products.

After receiving confirmation of our receipt of a return request submitted in accordance with the procedures set forth above, Seller will send Customers a return authorization email, with instructions on how to return the product(s), including the address of the local store where the product(s) must be shipped.  The products must be returned within [30 (thirty) working days] of being received by Customer, in their original packaging, complete with all accessories and manuals where relevant, without exclusion whatsoever.  Customer shall bear the cost of returning the products.

Upon Seller’s receipt and inspection of returned product(s), Seller will determine, in its sole discretion, whether the Customer is entitled to a refund and the product(s) meet the Seller quality control standards.  If all of the return conditions are met, Customer will receive an e-mail confirming that the return has been accepted and Seller will refund the original purchase price and taxes related to returned Product(s).  

The Seller will not process refunds for any product returned not in compliance with the procedures and time limits provided for in these Terms of Sale.


Article 11 – Force Majeure

Seller shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the products, failure of any party to perform any contract with Seller related to the production of the products, blackouts or governmental laws, regulations, orders or actions.


[Article 12 – Liability for loss or damage caused by defective Products

The Seller cannot be held liable for any consequences arising from a defective Product where the defect is due to compliance of the product with a binding legal provision or order, or where the state of scientific and technical knowledge at the time when the Seller put the product into circulation was not such as to enable the existence of the defect to be discovered.

No compensation will be payable were the parties suffering the loss or damage were aware of the product defect and the consequent danger and nevertheless voluntarily exposed themselves to it. Such parties are required, in any case, to prove the defect, the loss or damage suffered and the causal connection between the defect and the loss or damage.

 Article 13 – Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL SELLER BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND SUCH CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS. 

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT SELLER IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, SELLER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.


Article 14 – Personal data processing

Customers must declare that they have read the privacy notice when completing the online forms necessary for concluding their purchases. See: Privacy Policy


Article 15 – Disputes and jurisdiction

These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

 

Article 16 – Miscellaneous

For any other legal information concerning the access to, use of, or the way the website may use and collect Customers’ personal information, please read the Terms Use and Privacy Policy (together with these Terms of Sale, collectively, the “Website Policies”), available at https://www.calligaris.com/US/ea/legal-area. Seller reserves the right to amend any portion of the Website Policies at any time and without prior notice to Customers; as such, please make sure you review the current Website Policies prior to making a purchase on the Site.  Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the website.

These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between the Customer and Seller. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.


5/4/2023 10:01:55 AM