1. These general conditions form an integral part of all the sales contracts carried out on the www.mutina.it website to which Ceramiche Mutina S.p.a. is a party.
2. Any modifications, additions or variations shall be valid only if approved in writing.
3. No validity will be recognised for any general terms and conditions of the buyer.
4. Measurements, weights, illustrations, descriptions, drawings and characteristics indicated in the www.mutina.it website must be considered as indicative. Differences in shade and imperfections in the bases and accessories are positive, artistically created characteristics. The table of calibres indicates the actual sizes of the product in the collection referred to.
5. The sales contract is considered as performed when the seller delivers the ordered goods to the buyer.
6. The seller expressly reserves the right to carry out partial deliveries of each order. The buyer may not refuse a delivery which is a partial execution of the order.
7. Delivery is considered as made to the address communicated by the buyer when making the order. Risks shall be transferred to the buyer as from the delivery of the goods to the address communicated by the buyer when making the order.
8. The delivery terms are only indicative. The seller undertakes to deliver the goods within a reasonable term starting from the conclusion of the contract. This term shall be considered as complied with also with the delivery only of a part of the ordered material.
9. Shipment of the goods shall occur only after the seller has received full payment for the order from the buyer.
RETENTION OF TITLE
10. Ownership of the goods is transferred to the buyer only upon full settlement of the entire sales price.
11. The buyer forfeits the right to warranty unless they report the defects to the seller in writing within 8 days from the day of receipt of the material. Complaints about missing goods and goods supplied in non-compliance with what was agreed must be raised upon receipt. The buyer loses the right to assert a possible flaw or defect in the goods unless the complaint specifies exactly the nature of the flaw or defect or unless the seller has the possibility of examining the goods or of having the goods examined by an appointed person. After installation, transformation or other modification, the buyer loses the right to assert flaws or defects in the goods. The temporary storage of delivered flawed or non-conforming goods is at the buyer’s cost and risk. No flaw can be asserted with the aim of avoiding or delaying due payment.
INTELLECTUAL PROPERTY RIGHTS
12. Except in the event of specific authorisation to be requested on each occasion, the buyer may not use the “Mutina” brand on its own catalogues, price lists, websites, social networks or trade fair stands.
13. Except in the event of specific authorisation to be requested on each occasion, the buyer may not use any photograph or image taken from the seller’s catalogues or website or, in any case, owned by Ceramiche Mutina S.p.a., on its own catalogues, price lists, websites, social networks or trade fair stands.
14. Authorisation from the seller must be requested each time, with specific indication of the sign, photograph or image intended to be used, as well as the specific context of use.
15. For the purpose of safeguarding the prestige and reputation of the “Mutina” brand, the buyer undertakes not to resell the goods acquired through the online sales channel, nor to resell the goods purchased at prices below cost or to resellers of items in sales.
APPLICABLE LAW AND COURT OF JURISDICTION
16. Italian law is applied to these general conditions of sale, including the United Nations Vienna Convention of 11/04/1980 on Contracts for the International Sale of Goods.
17. The court of jurisdiction for all disputes relating to the sale of products by the seller and of dealings connected to said sales is that of the seller’s district.