1. General Terms and Conditions
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to the purchase of all products entered by Ermenea SA (hereinafter referred to as "Ermenea") in the range of products offered. The Buyer's general conditions of sale are not considered agreed. The same applies to changes to these General Terms and Conditions, subject to written approval from us. The version valid for a purchase or an order by the Purchaser will be applicable from time to time. 2. In principle, the products are supplied according to samples, images or sketches. Slight differences in size, color, structure and processing are possible. In particular, for reorders or integrative orders, differences are unavoidable, without subsequent written agreements.
In principle, the products are supplied according to samples, images or sketches. Slight differences in size, color, structure and processing are possible. In particular, for reorders or integrative orders, differences are unavoidable, without subsequent written agreements.
The articles are intended exclusively for private use, except for special written agreements. Ermenea recognizes a two-year legal guarantee on defects in construction and materials starting from the date of delivery to the Purchaser. Unless otherwise explicitly stated in the purchase agreement or in the order confirmation, Ermenea does not recognize any other guarantees and guarantees of the manufacturers.
The Purchaser is obliged to check immediately after delivery for any defects in the goods and in particular damage to glassware. Any complaints must be presented within 8 days of receipt of the goods. Any defects that may arise during the warranty period must be reported as soon as they are found. Damages due to wear, aging and improper use, as in the case of light bulbs, are excluded from the guarantee. The warranty is no longer valid if the goods, in spite of visible defects, are used or modified by the Purchaser.
Ermenea or third parties appointed by it can guarantee the goods of your choice with free repair or by replacing with goods of equal value. Subsequent claims are excluded. For discounted goods, Ermenea reserves the right to reimburse the purchase price paid instead of providing free repair or replacement with goods of equal value.
4. Personal Data
The Purchaser agrees to the retention of personal data communicated for an order or otherwise for the performance of the contract. The Purchaser consents to the transmission of our personal data to other companies of the Ermenea group. The Purchaser expresses his consent to have the user's information and data communicated be analyzed in order to present personalized advertising and / or special offers and services. The analysis of usage data can lead to the creation of user profiles. User profiles are created in the form of a pseudonym and not combined with personal data. The Buyer also consents to a creditworthiness check (information office for credit and economic data, resident registry offices, execution offices, etc.) by our company or third parties appointed by us, if deemed necessary. We also reserve the right to record any information on the refused card, overdue payments and misuse of cards.
All prices are net of discounts, including VAT. For the calculation of any credits, the consent of both parties is required. In case you need to proceed with a payment reminder, a penalty will be charged.
The goods remain the property of Ermenea until full settlement of the purchase price. The same has the right to register, at the expense of the Purchaser, the property reserve in the appropriate register, if he considers that his credit is not guaranteed.
The delivery or collection of the ordered products are agreed between the Purchaser and Ermenea. If a delivery is agreed to the address of the Purchaser, it generally takes place until the house is closed if the local and constructive conditions allow it, and within the limit of normal and foreseeable expenses. If special devices are required (for example, lifting / lifting platform), the Purchaser is obliged to communicate this in advance and to support the additional costs. If the assembly is agreed, it will be carried out only if the structural conditions allow it, within normal spending limits. The lights and electrical systems are excluded from the assembly.
The goods are supplied / delivered within the agreed delivery terms. The Purchaser is informed if a product is temporarily unavailable. The Purchaser acknowledges that delays in delivery up to two months do not give him any right to refuse delivery of the goods ordered, to cancel the contract, to claim damages or to request reimbursement of the expenses incurred. Credits in return by the Purchaser can be accepted only with our consent.
If the products are not delivered by our suppliers without any fault on our part, despite having placed orders consistent with reliable suppliers, we are relieved of all responsibility and entitled to withdraw from the contract. In this case we will inform the Buyer immediately about the goods not available and, in case of withdrawal, we will immediately refund the amount already paid to the Purchaser.
All violations of the contract, the related legal sanctions and any requests by the Purchaser, regardless of their legal basis, are settled definitively by these GCS. Other claims by the Purchaser are excluded, regardless of the legal reason, apart from the cases indicated below. Ermenea, its assistants and agents are not liable for damages that have not occurred to the assets themselves, in particular for damages that are consecutive to the defect, loss of profits or other material damage. The limitation of liability does not apply to damages caused to human life, to safety or to health, to intentional violation or gross negligence, in the promise of guarantee, if agreed, and to the extent to which the scope of application of the product is not limited.
We reserve the right to assign or pledge to third parties our receivables payable on the purchase price in connection with the delivery of the goods, including payments due, late payment fees and injunctions.
We recognize the right of return to the Purchaser spontaneously. The deadline for the return is fourteen (14) days. Further information on the right to return, on the rules governing the return and on the relative exceptions, in particular regarding customized orders, can be consulted on our website under "Right to return". The right of return applies to all sales channels.
9. Applicable law
Only Swiss law is applicable, with the exclusion of the United Nations purchase law. The place of jurisdiction for natural persons is Lugano. The place of jurisdiction for legal entities is exclusively Lugano.
10. Scope of application
11. Registration / Data Protection
The description of the products on the internet is not to be considered binding. We reserve the right to change the availability of the goods and their description at any time and to completely eliminate certain products on offer. We disclaim all responsibility for typographical errors, inaccurate or incomplete information and descriptions. The decorations that appear with a product are not part of the offer unless expressly listed and mentioned. Accessories and decorations must be purchased separately. We are committed to ensuring the highest possible availability of the products offered on the website. The description of a specific product on the website does not imply any guarantee of availability of the product itself. We are only required to supply goods available in our warehouse. If the ordered products are not available, it is likely that we will not be able to complete the order completely. We reserve the right to cancel the order or perform only a partial delivery. In this case we will provide the Buyer with the relevant information.
13. Stipulation of the contract / order procedure
If the Purchaser places an order via the Internet, e-mail, mobile phone, telephone or fax, he sends a binding offer for the stipulation of a contract of sale. The Purchaser receives a confirmation of receipt of the order. This confirmation does not represent any acceptance of the offer by Ermenea. Ermenea reserves the right to refuse the request without providing reasons. The binding contract for the purposes of the law is perfected only with the sending of the order confirmation by Ermenea. Further information on signing the contract and completing the order are available on kartell-lugano.ch. The contract is binding only for products that are explicitly listed in the order confirmation. From this, finally, the scope of services also derives.
14. Territorial validity of our offers and prices; Billing; Recycling
Shipping, delivery and assembly costs are indicated separately in the order process and are shown transparently both in the order summary and in the order confirmation. Further information on shipping costs, delivery, assembly and delivery options can be found on the kartell-lugano.ch website. Our offers are valid in Switzerland and Liechtenstein. For orders with delivery addresses outside of Switzerland and Liechtenstein, the shipping costs and the specified lump-sum costs do not apply. For these orders, you must request our shipping or delivery conditions. Our support service will confirm the most advantageous offer (email@example.com)
Ermenea accepts the payment methods indicated to the Purchaser when ordering. Further information on the various payment options can be found on our website kartell-lugano.ch. The purchase price and any shipping and assembly costs will be charged upon confirmation of the order. If the Purchaser chooses to pay by credit card, the corresponding amount will be blocked or reserved at the time the order is executed. The actual charge also occurs in this case with our order confirmation. If the Purchaser chooses an advance payment, the order is processed on the balance received. The delivery could in this case delay. We accept discounts or vouchers only under the conditions indicated on the voucher. The code or value of the voucher must be entered during the payment process. Any discounts not reported at this stage can not be recognized later. Discounts cannot be combined.
16. Right of return
You can make a return within 14 calendar days from pick-up at the branch, from the date of the postmark or from the confirmation of delivery or receipt. If the Purchaser is unable to provide proof of delivery or receipt, the 14-day period begins with the order being shipped. They are excluded from the right to return (but not from the warranty rights): - Orders of legal persons - Orders of tailor-made products / Items personalized or packaged according to specific wishes of the Purchaser - Foodstuffs - Products for care and cosmetics, copyrighted articles such as CDs, DVDs or books, after opening the package / seal - Services - Gift Vouchers - Discounted discounted products The product, not used and complete with all accessories, must be returned in the original packaging and in perfect condition. Return costs are to be paid by the Purchaser. The purchase price (net of additional costs, delivery and delivery costs) will be credited to the Purchaser's account for a future purchase or reimbursed in the form of a voucher. Reimbursement of the purchase price is made only if the customer specifically wishes.
The use of this website does not imply that the Purchaser is granted the license rights with regard to the intellectual property rights for the contents of this website. This website and all the contents therein exposed (in particular, software, files, drawings, graphics and data) are and remain the property of Ermenea, or Ermenea owns the related rights of use, and are protected by the relevant laws concerning intellectual property rights, including copyrights and trademark rights. Any unauthorized use of this website, in particular the use of this website or its contents for professional or commercial purposes of any kind, as well as the reproduction, presentation, disclosure to third parties, communication, dissemination, distribution, modification, assignment license, sale or any other use of this site or its contents, texts, parts of text, static or animated graphics, audio data, software, goods or services and other data or information is expressly prohibited without prior written permission from Ermenea . In particular, methods such as framing (link-pane) and inline linking (automatic insertion link) of the website and content are prohibited.