1. Terms and conditions
The business relations between Desmol Ltd. based in the United Kingdom and the purchaser are governed by the latest versions of the following terms and conditions. Alternative terms and conditions will only be accepted if an e-mail or fax confirmation of the same has passed between Consint Ltd. and the purchaser. The contract is concluded in England according to existing law.
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. It goes in effect before the end of the ten days 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
The ownership of goods will be passed on to the buyer through assignment in Italy. The buyer acquires the ownership of goods once he or his representative has received the goods. Desmol td waives the reservation of proprietary rights.
1.1. 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.
1.2. The prices are valid as of the production site. The ofered shipment prices on our websites are valid for EU only. We could offer forwarder for other countries as well.
2.1. 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.
2.2. The manufacturer warranty on our furniture lasts five 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.
2.3. Warranty claims taking place because of obvious defects expire if the buyer does not claim them within two weeks of delivery.
2.4. 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. 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.
The buyer is not required to make down payments.
3.1. Per bank transfer to our account in the UK and by PayPal and by PayPal acepted credit cards incl. mastercard. First you receive a Pro forma invoice and after we receive your payment start the delivery time. Than you receive a notification of loading. Money transfer cost is paid by the customer.
4.1. The delivery is exclusively Ex warehouse in Italy. The buyer commissions the carrier to import the goods into the country of destination.
4.2. The merchandise becomes the property of the buyer after being handed over to the hauler with the reservation that payment is made according to the agreement. We receive in trust the transport and transport insurance costs together with VAT for the delivery service which simplifies matters for our customers. As a rule, delivery is usually made within the delivery period stated in the confirmation of order. Delays in delivery are not considered a valid reason to withdraw from the contract.
4.3. The goods are usually brought by the carrier to the first entrance door of the house or building as specified at the delivery address. The driver is not obliged to carry the goods to higher floors or bring directly into the apartment and to dispose of the packaging. If the goods are to be removed, so let us know that, and we will also leave you an offer a reliable forwarding submit.
4.4. Outside the EU will be charged the net prices (w/o VAT).
5. Right of return
Risk-free purchase: should the product you ordered not meet with your approval, you can inform us by e-mail up to 10 days after delivery. Have the unused furniture packed in the original carton(s) which we will pick up on your premises and transported back tu the manufacturer. After the final check in the Italian manufactory will be returned the purchase price. The technical check and the return transport costs are at your expense. The right of return is excluded for custom-made or modified products and spare parts.
6. Right to withdraw from the contract for the salesperson / Supply Agreement
6.1. 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.
6.2. 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.
6.3. The same applies, if the buyer files for bankruptcy or reorganisation because of objective incapacity to pay, and in fact, ceases to make payments.
6.4. If the buyer after the end of an appropriate extension of the deadline for payment 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 6.5.
- 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.
- A) The seller has the right to claim 30% excl. deducitons in default damagesaccording to Paragraph 6.1., if the buyer fails to proof that no damages or worth less than 30% of the total invoice amount have been incurred.
- B) In the event of extraordinary damages, e.g.: for custom-made goods, the seller reserves the right to claim a higher percentage of default damages as stated in Paragraph 6.1.
For all disputes arising out of these terms an conditions is applicable the English law and the jurisdiction of Court London.