Conditions of sale
These General Conditions govern all sales of products in the Bleu Provence srl catalogue. The following conditions may be modified at any time by Bleu Provence srl with effect from the date of publication on the site or from communication to customers. These General Conditions of Sale must be considered an integral and substantial part of the sales contract. Before proceeding with the purchase, the buyer is required to read these General Conditions of Sale which are considered unequivocally and fully accepted with the sending of the purchase order/proforma invoice.
1. OBJECT
These General Conditions of Sale govern the offer, forwarding and acceptance of all purchase orders. Every order placed implies the conclusion of a sales contract. With the sales contract, respectively, Bleu Provence Srl sells and the Customer purchases the products indicated and offered for sale in the catalog and described in the relevant technical information sheets. These General Conditions of Sale do not regulate the sale of Bleu Provence srl products carried out by third parties.
2. ORDERS
Orders are valid as an irrevocable purchase proposal and are accepted exclusively if sent by the customer to Bleu Provence srl by fax or email to the addresses in the general catalog or indicated on the seller’s website. The contract stipulated between Bleu Provence srl and the Customer must be considered concluded with the acceptance, even if only partial, of the order by the seller. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. Any changes to the order, even through the seller’s agents, will not be binding for Bleu Provence srl unless expressly accepted, without prejudice to the original order in the event of non-acceptance. By placing an order in the prescribed manner, the Customer declares to have read and fully accepted the General Conditions of Sale and payment. During the execution of the contract the customer will not be able to object or make reservations about facts, circumstances and/or conditions that depend directly or indirectly on the lack of knowledge of the provisions of the General Conditions of Sale.
3. PRICES
The Customer undertakes to pay the price of the purchased good in the times and ways indicated in these General Conditions of Sale. The sales prices are those shown on the price list in force at the time the order is sent and are intended ex our warehouse and excluding VAT and shipping costs, in any case those indicated in the order confirmation. Bleu Provence srl reserves the right to change its price lists without prior notice, with the change taking effect from the date of publication.
4. PAYMENTS
The payment conditions are exclusively those agreed and specified at the time of purchase (order confirmation), unless otherwise subsequently modified approved by Bleu Provence srl. The payment terms are mandatory and start from the invoicing date. Bleu provence srl reserves the right to suspend or cancel supplies if payments are not made within the agreed terms. Any dispute does not give the Customer the right to suspend ongoing payments. Failure to comply with the established payment terms will result in the Customer being charged with default interest pursuant to Legislative Decree 231/2002, Legislative Decree 192/2012 et seq. mod and int.
5. DELIVERY TERMS
The goods are sold ex works. warehouse. Delivery terms are purely indicative and not binding. Even if the delivery program will be based on the Customer’s requests, Bleu Provence srl reserves the right to make changes to the delivery sequences compared to the agreed programs. The customer will not be able, in the event of delays in delivery, to revoke the order or request compensation. Bleu Provence srl reserves the right to process an order in multiple deliveries depending on the actual availability of the products in its warehouse. Partially processed orders will be paid for by the customer as soon as the entire ordered goods become available.
6. WITHDRAWAL
Bleu Provence srl reserves the right to withdraw from the contract in the event that, after confirmation of the Order, it receives commercial information relating to the customer which, in its sole discretion, advises against the execution of the contract. The exercise of this right does not give the customer any right to compensation for damages or otherwise.
7. RETENTION OF OWNERSHIP
The sale is carried out with retention of title (art. 1523 et seq. of the Civil Code), therefore the products will remain the property of Bleu Provence srl until the price and any other sum due are paid in full. The buyer is the custodian of the purchased good until the price is paid in full in good faith. In the event of failure to pay the price in full, what has already been paid remains the purchase of the seller as compensation. However, in the event of default by the buyer, the seller has the right to proceed with the compulsory execution referred to in the art. 1515 C.C.
8. EXPRESS TERMINATION CLAUSE
In the event of failure to comply with the payment terms and delay in collecting the goods by the Customer for more than 30 (thirty) days from the date of communication of availability, the seller has the right to terminate the contract pursuant to art. 1456 of the civil code with written communication, without prejudice in any case to the right to: 1. retain any amount received from the customer as compensation for the damage suffered, without prejudice to further actions; 2. to suspend any processing of Orders or residual Orders in progress.
9. TRANSPORT AND PACKAGING
Goods can be shipped by Bleu Provence but their shipping cost will be added to the invoice. The characteristics of the packaging will be exclusively chosen by Bleu Provence srl which may, if necessary, invoice them to the Customer.
10. DESIGN
Bleu Provence Srl reserves the right to cease distribution of any product and/or model, to introduce changes to the technical characteristics of its products and/or models and/or cancel products and/or models at any time and without notice, and with no obligation for Bleu Provence to make such modifications and innovations to the products previously supplied. Measurements and colors are indicated for information purposes only and are in any case subject to the typical tolerances of ceramics.
11. WARRANTY AND COMPLAINTS
The Customer accepts and acknowledges that Bleu provence srl does not make any guarantee and does not assume any responsibility in relation to the conformity of the products with the legislation that is applicable after the confirmation of the order by the Customer. The buyer has the right to report defects of non-conformity in the terms of the art. 1495 c.c. and the guarantee is limited to the replacement of the product purchased within a reasonable time depending on the nature of the product or, if its replacement is not possible, to the reimbursement of the purchase price paid by the customer for the disputed product, excluding any different compensation for any reason . The exercise of the guarantee remains subject to full payment and price of the product in accordance with the agreed terms and conditions. It is understood that the Customer will not have the right to terminate the contract and request the refund of the amount paid, if Bleu Provence srl proves that the lack of conformity of the product is minor. Bleu Provence srl is not responsible for goods damaged after unloading if a mention “subject to inspection” is not written on the delivery document and such inspection done within 48 hours. All supplies made are considered accepted after 8 days from receipt of the goods, without any complaint. Any complaints must be forwarded, within the aforementioned deadline, by registered mail or certified email to the addresses of Bleu Provence srl. Complaints received after this deadline will not be accepted.
Any complaints or disputes do not give the customer the right to suspend or delay payments for the disputed Products or other supplies.
12. RETURNS
Product returns must be authorized in advance by Bleu Provence srl. Returns are accepted only if sent via the seller’s courier. The product must be returned intact, in the original packaging, complete with all its parts, undamaged, unstained and equipped with any accessories, instructions and documentation. Returns that do not comply with the methods indicated above will be rejected.
13. PRIVACY
The processing of personal data communicated by the Customer to Bleu Provence srl for the purposes of the execution of this contract will take place in accordance with European Regulation 679/2016 (GDPR) and Legislative Decree. n. 196/2003. Such data may be inserted into databases, computer archives and electronic systems only for the purposes related to this contract. For information regarding the processing of the Customer’s personal data, and possibly the recipient of the purchase order, by Bleu provence srl, please consult the complete information. The interested party may at any time exercise the rights referred to in the articles. from 15 to 22 of the GDPR by sending written communication to the e-mail address info@bleuprovence.it
14. COMPETENT COURT
Any dispute that may arise between the parties also regarding the validity, interpretation and execution of these General Conditions of Sale will be the exclusive jurisdiction of the Court of Viterbo (Italy).
15. FINAL CLAUSE
These General Conditions of Sale repeal and replace any agreement, understanding, negotiation, written or oral, previously entered into between the Parties and concerning the object of this contract. These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such by law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effect. The fact that one of the Parties does not assert against the other a violation of any of the obligations contained in these General Conditions of Sale will not be understood as a waiver of obtaining the fulfillment of the obligation in question for the future. Pursuant to and for the purposes of art. 1341 c.c. and 1342, the Customer declares to expressly and fully accept all the clauses of the General Conditions of Sale also specifically with reference to: 2 (Orders); 3(Prices); 4(Payments); 5 (Delivery terms); 7 (Retention of ownership); 9 (transport and packaging); 10 (Design); 11 (Warranty and Complaints); 12 (returns); 14 (Competent Court); 15 (Final clause).