CONTRACT OF SALE
In the following general conditions of sale, the term ‘Company’ shall mean C.FINO + SONS LTD (C- 2468) and the term ‘Buyer’ refers to the person/s effecting the purchase from the Company and/or any person acting on his/her/their behalf. For the avoidance of any doubt and dispute, these general conditions shall apply to all purchases (whether for goods or services) being done on this Contract of Sale hereinafter referred to as the ‘Goods’.
1. No Contract of Sale shall be subject to cancellation either in whole or in part without the Company’s prior written consent and except for the cases specifically allowed by law. If the Buyer so desires to cancel a Contract of Sale and the Company gives its consent as aforesaid, the deposit paid on signing of the Contract of Sale shall be forfeited in favour of the Company and the Buyer shall lose all rights to the Goods ordered. Each Contract of Sale shall be considered separate and distinct from one another. In the case that the Contract is cancelled by the Company due to the fact that the Goods ordered are no longer available, save for when the goods available have only minor and insignificant differences, the Company will first offer the Buyer alternative Goods, and if not acceptable to the Buyer will then refund the deposit paid. Moreover, in the any other cases where the Company cancels the Contract of Sale, the deposit paid on signing of the Contract shall be refunded to the Buyer by the Company.
2. Upon entry into this Contract of Sale, the Buyer confirms that he/she has studied, and has been informed, of all specifications of the Goods ordered and terms for use of such Goods beforehand and confirms that the Goods’ specifications are completely in line with what the Buyer requires. Should the Buyer not be competent to do so, the Buyer is to engage a competent person to do so on his/her behalf.
3. Persons entering into this Contract of Sale together shall be deemed to be joint and severally liable.
4. All communications/notices required/given in relation to this Contract of Sale should be made in writing (this is including but not limited to registered mail, email, and sms). The Buyer is to let the Company know once there are any changes in contact information provided.
5. The Company shall not be held responsible for any warping, splitting and cracking of solid materials (including but not limited to glass) and polish resulting from abnormal conditions existing in the environment, such as humidity, excessive heat, dampness, etc; as well from misuse or lack of due care of the Goods by the Buyer, such as the use of certain detergents on the materials. Save for the above, the Company, guarantees the workmanship and material within the limits prescribed by law.
6. Colour shades, wood grains and fittings may vary slightly from those viewed at the Company’s showrooms or catalogues.
7. In the event that the appliances are bought from the Company, the Buyer is obliged to call the Company for a commissioning appointment to be set which appointment shall be not later than 1 month from date of delivery. Provided that in such cases, the manufacturer’s guarantee will start to run on the earlier of commissioning of appliances and 1 month from the date of delivery.
8. In the event that the appliances are not bought from the Company the Buyer is to communicate to the Company his chosen appliances, their correct measurements and any product specifications within 15 days from signing of the order. In default, the delivery date will have to be extended and confirmed in writing by the Company.
9. Also in the event that the appliances are not bought from the Company, the Buyer shall ensure that the the appliances are on site upon delivery of the kitchen. In the event that they are not, and as a result of which an additional visit by the Company would have to be made, the Buyer shall be charged an additional cost for such additional visit/s.
SOFAS AND LEATHER ITEMS
10. Leather characteristics including sofas and other leather items, whose surface is very soft, may have some natural malformation due to stings, little scars, light variations of colours etc. These are proof of the authenticity of genuine leather. Therefore, the Company will not entertain related claims.
11. Delivery shall be deemed to have occurred on the date of actual delivery of the Goods to the location indicated by the Buyer (whether installed on such date or not). Manufacturer’s guarantee will start to run on delivery, unless stipulated otherwise in this Contract of Sale or unless agreed otherwise. The Company undertakes to use every reasonable endeavor to effect delivery as agreed with the Buyer. The Buyer hereby acknowledges that delivery may be delayed for a reason beyond the Company’s control including but not limited to the following: acts of God, acts of war and riots, commercial strikes and disruption to business, accidents affecting the transit of goods and ancillary problems encountered by third parties forming an integral part of the supply chain and other reasons which clearly show that there was no negligence on the part of the Company in delivering the goods ordered on the Contract of Sale. It is hereby acknowledged that delivery may also be delayed when such delay is caused by the Buyer and no fault of the Company (this includes situations were changes are made by the Buyer to the order or specifications thereof or were the Buyer does not give final confirmation or any specific details/specifications within the given timeframe to do so).
12. In the event that the Company sends a notice to the address of the Buyer as furnished by the Buyer, that the goods ordered are ready for delivery, and the Buyer ignores or does not respond to the notifications within 21 days from the receipt of such notice (unless there are reasons beyond the Buyer’s control) then the order shall be considered as being cancelled and the deposit paid on the signing of the Contract of Sale shall be forfeited in favour of the Company and the Buyer shall lose all the rights to the Goods ordered. Moreover, the Company reserves the right to demand payment of the full price, and recover from the Buyer any and all damages, losses and expenses incurred by the Company.
13. In the event that the Buyer communicates with the Company during the 21 day period mentioned in Clause 12, that the Buyer is unable to accept delivery of goods as per the delivery date agreed upon on the Contract of Sale or in the case were delivery is delayed due to any other causes from the end of the Buyer, then the Company shall charge a storage fee to the Buyer amounting to a daily charge of 0.1% of the Price of the Goods ordered. In this case delivery would be deemed to take place on the date agreed upon between the Buyer and the Company on the Contract of Sale and not date of actual delivery. Furthermore, payment must be effected as though delivery has been effected and manufacturers’ guarantee shall commence to run accordingly.
14. In the event that the Company is unable to deliver the goods as per the delivery date agreed upon on the Contract of Sale, save for those circumstances specified in Clause 11, the Company shall pay the Buyer the amount of 0.1% of the Price of the Goods ordered which have not as yet been delivered, per day. For the avoidance of any doubt in the case that only some Goods ordered are not delivered, 0.1% is to be calculated solely on the value of those Goods not delivered.
15. The Goods are to be inspected by the Buyer upon delivery and any claims which might arise are to be notified to the Company within 24 hours from delivery. No claims for damages to the Goods found defective (other than latent defects) shall be accepted by the Company after the 24-hour period elapses.
16. In the case that the Goods delivered are to be installed at a later date than the date of delivery:
a) The Buyer is to inspect the boxes containing the Goods (for any apparent damage) upon delivery;
b) The Buyer is to then further inspect the Goods upon installation of the Goods and any claims (other than latent defects) which might arise are to be notified to the Company within 24 hours from installation.
17. For the avoidance of any doubt any delivery shall be deemed to be made, and any inspection shall be deemed to have been carried out by any person who accepts the delivery, be it not the Buyer himself that is present for delivery. Such persons shall be deemed to have been authorized by the Buyer to accept the delivery and accordingly to inspect the Goods.
18. In the case that a minor part/s of a Good/s or an item out of a batch of Goods ordered is not delivered on delivery, delivery shall be deemed to have been carried out (and therefore payment to be effected), save for the part/s or item/s of the Goods. This would apply only in the case that the part/s or item/s not delivered on delivery are minor part/s or item/s and the Goods can be used without such part/s or item/s, or in the case of item/s can be distinguished from the other Goods ordered. Payment for such part/s or item/s will be deducted from the price of the Goods pro-rata when possible and such part/s or item/s will be delivered as soon as possible. The claim that the item/part has not been delivered, as well as the price and delivery of such items/parts shall be agreed upon between the Buyer and Company accordingly.
19. The price agreed upon by the parties is inclusive of free delivery to and, if required, installation at, one destination only, as indicated by the Buyer. When delivery of the Goods is effected and difficulty arises to deliver and/or install in a normal way, an extra charge shall be imposed to cover the time and risks involved. The use of a furniture lifter is required for deliveries above ground floor level and the cost of hiring a crane, high-up, cherry-picker or any such equipment and any permits required, will be at the Buyer’s expense. The Buyer is to check with their local council to see whether a permit is required, and if so this shall be at the Buyer’s cost. If the Buyer opts to shift the Goods from the location where originally delivered, all transport and labour costs; as well as any and all risks are to be borne by the Buyer. The Company does not cover the installation and connection of hoods (unless specified otherwise), light fittings, sinks, and mixers. Any electrical or plumbing work will need to be carried out by a qualified person of Buyer’s choice and at the Buyer’s expense.
20. In the event that the design/ or measurements for any Goods ordered are provided and created by the Buyer or as instructed by the Buyer, the Buyer is to be kept fully liable and responsible for such design/measurements provided, and any and all consequences of such design/measurements and shall duly indemnify the Company accordingly. Moreover, any design / or measurements for any Goods created/taken by the Company are to be approved by the Buyer (together with any plans, such as the electrical plan)and the Buyer shall be responsible for any changes from the point in time when such design / measurements were taken and plans prepared by the Company and to duly notify the Company thereof in a timely manner. Accordingly, the Company shall not be held responsible in the case that it was not aware of such changes or was not informed of these changes in a timely manner in order for it to be able to make the necessary changes required. Moreover, upon confirmation of such design/measurements by the Buyer the order is processed by the Company on that basis, and it may be that changes are not possible, and if possible may be at a charge to the Buyer. In the case that installation of the Goods is carried out in accordance with the instructions and requirements of the Buyer, the Buyer is to be kept fully liable and responsible for such installation, and any and all consequences of such installation, and shall duly indemnify the Company accordingly. The Buyer is to ensure that the work place/site is adequate for the Company to deliver, work at and install the Goods. The Buyer is to supply suitable power and mains as well as a power surge protector (as required by the local power provider), water supply, sanitary facilities, as well as a suitable space to store any equipment (and can be utilised throughout the course of works) when required.
21. The Price agreed upon for joinery works and other interior decorations are intended for fixing into property masonry unless otherwise stated in writing. The Company is not responsible for correcting or making good any misalignment, distortions or deficiencies in the building structures, flooring, plasterwork, and decorations unless such services are specifically requested by the Buyer and agreed upon beforehand in writing.
TERMS OF PAYMENT (Prices and Values are in Euro)
22. All Goods are subject to a minimum deposit of 50% on the full value of the Contract of Sale including taxes. This deposit is to be paid by the Buyer to the Company upon the signing of the Contract of Sale, and failure of which, the Goods will not be ordered unless the Buyer pays the said deposit and the delivery date will have to be extended and confirmed in writing by the Company. The remaining balance is to be settled on delivery of the Goods and will be collected by the Company’s Representatives accordingly on delivery.
23. Outstanding amounts not settled in the manner set out above shall bear interest at the maximum rate of interest allowed by law. Furthermore, any discount/voucher provided upon ordering the Goods and signing the Contract of Sale shall be withdrawn.
24. Prices agreed are inclusive of tax and levies imposed at current rates. The Company reserves the right to alter the final price should the tax rate change.
25. Depending on the amount and mode of payment by the Buyer, the Company may require that the Buyer provides certain documentation to prove his identity and residence and also declarations and proof in relation to the source of the funds used to purchase the goods, this as required in accordance with anti-money laundering legislation.
CLAIMS AND FEEDBACK
26. In the case that the Buyer has any claims and/or feedback, the Buyer shall communicate such claims and/or feedback instantly and directly to the Company through the method stipulated herein. The Buyer must communicate such claim and/or feedback in writing via email on firstname.lastname@example.org, or by calling the Aftersales Department on 25493000.
DATA PROTECTION & COMMUNICATION OF INFORMATION
27. When processing personal data, the Company shall comply fully with applicable data protection legislation.
28. The only personal data provided to the Company will be that which is required for the provision of services. In respect of any personal data shared with us, the Buyer warrants that it has necessary authority from relevant data subjects for the Company to use and transfer it in accordance with this Contract of Sale, and that the Buyer has been given necessary information regarding its use.
29. Personal data provided to the Company in line with this Contract of Sale may be shared with third parties including subcontractors, credit agencies and IT service providers in relation to any of the purposes set out in the above clause. Some of these recipients may be located outside the European Union. The Company will carry out such transfers only where we have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an agreement which covers the EU requirements for the transfer of personal data to processors outside the EU.
30. The Company has in place safeguards to ensure the security of the Buyer’s data.
31. Personal data will be stored for a period as required to fulfil the scope of the general conditions of sale, or as in line with our legal obligations to retain data.
32. The Buyer, as the data subject, has the right to request access to his/her personal data as well as the right to rectify and where applicable, erase any inaccurate, incomplete or immaterial personal data; to request restriction of processing, to object to processing and to request data portability for the data held by the Company.
33. If the Buyer considers that the processing of personal data is carried out in an unlawful manner, he/she may lodge a complaint with the Information and Data Protection Commissioner.
WARRANTIES AND LIMITATION OF LIABILITIES
34. Nothing in this Contract of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law. Accordingly, the Company hereby reminds the Buyer of the existence of the legal guarantee of conformity of goods, provided for by law.
35. To the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in this Contract of Sale are excluded;
b) the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from the Company’s fault), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the Goods, the services or this Contract of Sale (including as a result of not being able to use the Goods or services or the late supply of Goods or services), or the need to recover, re-program or reproduce any program or data stored in or used with the Goods whether under contract, tort (including negligence), pursuant to any law or otherwise. It is the Buyer’s responsibility to have an adequate insurance in place to cover such any liabilities which may arise in line with the supply of such Goods which are not covered by the Company.
36. Any additional documentation provided by the Company to the Buyer in connection with the sale of the Goods, that is including but not limited to guarantee, manufacturers guarantee, terms and conditions applicable to show room items, any manuals and terms and conditions for use of Goods, quotes provided and any other related documentation are to be read in conjunction with these general conditions of sale and shall be read and construed as one document.
37. This Contract of Sale between the Company and the Buyer shall be governed by the laws of Malta. Any dispute arising from the contractual agreement between the Company and the Buyer shall be subject to the exclusive jurisdiction of the Maltese courts.
Your statutory rights shall remain unaffected by this commercial guarantee.
V. Dec 18