By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
1. INFORMATION DISCLAIMER
The Site and its original content, features, and functionality are owned by VITRIS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. INTELLECTUAL PROPERTY
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
3. DATA & PRIVACY
At certain points in the VITRIS website navigation, you may be asked to share your email address or other personal identifying information with us. As provided in these Terms and Conditions, such information will never be distributed to third party and it will never be publicly visible without your express written consent.
Your email address will only be used to send you the VITRIS newsletter and/or to alert you to any information that you have specifically requested you be notified about.
4. GENERAL CONDITION OF SALES
These general conditions are:
a) apply to all offers, estimates, sales, supplies, deliveries, as well as all measures and operations relating to or resulting from them taken or carried out by VITRIS (hereinafter referred to as “VITRIS” or the “seller”), submitted and/or entered into with its distributors and/or dealers and/or in any event professional subjects purchasing VITRIS products, not as final customers, but as part of their sales or business activities (hereinafter referred to as the “buyer”);
b) all buyers are deemed to be familiar with them and they form an integral part of the order;
c) they cancel, and in any event take precedence over any other conflicting clause printed and/or hand-written on orders, requests for offers or in the buyer’s correspondence.
5. Offer & Acceptance
No offer made by VITRIS shall be treated as binding.
An order which is sent by the buyer to the seller in written form (also by fax, e-mail or other electronic means) shall become binding on VITRIS solely and exclusively when the company sends the buyer its signed order confirmation.
The supply shall include the materials and quantities of merchandise specified in the VITRIS order confirmation, which shall constitute the only document of reference when checking prices and quantities and shall have precedence over the offer and/or customer’s order.
No request from the buyer for either cancellation or modification will be accepted by VITRIS once a period exceeding 3 days has elapsed from the date on which the order confirmation was issued, at which time it becomes irrevocable.
6. Prices
The prices applying to VITRIS products are those indicated in the order confirmation.
7. Packing of Material
Standard packaging is included in the sale price.
Mosaic is packed in specialized boxes. The price of packaging other than the standard version shall be quantified when the order is placed.
VITRIS packaging is not guaranteed in any way to provide the merchandise and products with waterproof protection.
8. Delivery Conditions
Dates for delivery are not peremptory, unless otherwise agreed in writing.
Delays do not therefore entitle the parties to make demands for damages or termination of the contract, even partially. The delivery date shall be taken to be that on which the delivery note is issued, or that on which the customer is notified that the goods are ready for delivery.
Should force majeure prevent the seller from performing the contract, it may, at its discretion, without seeking the intervention of judicial authorities, either suspend execution until such time that the circumstances giving rise to the force majeure have ceased, or terminate the contract either in whole or in part, without seeking the intervention of judicial authorities and without being liable for damages.
Force majeure is taken to cover any circumstances beyond the seller’s control which permanently or temporarily prevent the execution of the contract, such as war or threat of war, uprising, partial or general mobilization, industrial strike, lack of raw materials, interruption in supply of goods by subcontractors, unforeseen events that affect the business, transportation difficulties, importer export restrictions, frost, fire, epidemic, natural or other disaster and other unforeseen restrictions that render the manufacturing or transportation of the goods either partially or totally impossible. Thte provisions of this article also apply when the aforementioned circumstances relate to factories, suppliers or other traders from whom the seller purchases goods or acquires services.
VITRIS shall not be held liable any longer once the goods are handed over to the carrier (against whom the buyer must direct any complaints it may have).Shipment, either by sea or road, of supplies abroad must satisfy the conditions established as each case arises, set out in Incoterms approved by the International Chamber of Commerce in 2000 and subsequent versions thereof.
9. Payment Conditions
VITRIS supplies must be paid for in full adopting the methods described in the order confirmation and/or in the invoice.
The terms contained in the order confirmation and/or in the sale invoices must be treated as peremptory and exceptions thereto shall only be permitted if a prior written agreement has been reached with the seller.
The sellers entitled to demand, at its absolute discretion, total payment in cash in advance when the order is made.
10. DEFAULT OR DELAYED PAYMENT
Once the payment date has fallen due, the buyer, if in breach of settlement, shall be considered automatically in default.
Delayed payment, even partial, of invoices issued by VITRIS shall therefore immediately give rise to liability for default interest at the official reference rate increased by seven points and shall entitle VITRIS to charge any out-of-court legal expenses it has incurred in order to recover the amount outstanding.
In the event of a delay on the part of the buyer or in the event that the seller has reason to fear that the buyer will breach its payment obligations, the seller may, without entitling the buyer to demand damages, without prejudice to any further rights or actions:
(a) demand payment in advance or a guarantee;
(b) refuse to process any other orders currently underway with the buyer;
(c) suspend or revoke, either in whole or in part, the execution of all supply contracts currently underway with the buyer or those connected with it, preceding or following it;
(d) revoke any favorable payment terms agreed upon, extending this to other contracts, thereby being entitled to demand immediately all sums currently owed by the buyer;
(e) suspend all obligations imposed upon it by any other contracts entered into with the buyer.
11. WARRANTIES AND SPECIAL CHARACTERISTICS OF MATERIAL
VITRIS warrants that its material conforms to the physical, chemical, mechanical and dimensional standards indicated, expressly specifying that the color tones of all the products presented in the sample collections may undergo slight variations within production tolerance limits, and in particular in relation to:
(a) Mosaic: the color of the mosaic tiles is never perfectly uniform or even. Slight chipping in some tiles is a characteristic feature of the product. It is also clearly pointed out that it cannot be guaranteed that coloring in subsequent orders will be identical.
(b) Glass Tiles: slight color variations or micro porosity are characteristics features of the product.
The customer declares that it is aware of and expressly accepts the characteristics of the VITRIS product described, waiving the right to contest them in any way.
12. Conditions Applyingto Return of Goods
The goods supplied may not be returned, even partially, unless prior written authorization has been given by VITRIS.
Customized/bespoke goods which have been made to order, cannot not be returned or refunded anytime.
In order to return goods, the seller must receive a written request from the buyer within eight days from receipt of the material. Requests received beyond that period will not be taken into consideration.
A request to return goods must reach the seller before the goods are installed, otherwise it will not be accepted.
Goods returned due to errors on the part of the customer (color and/or quantity) or late variations to the order will not be accepted.
The return of goods without VITRIS prior authorization using the goods return authorization form will not be accepted. As regards goods returned from within national territory, the return authorization will indicate the transportation company that must handle the arrival of the goods at seller’s expense.
The goods must be returned in their original packaging, completely intact, loaded on pallets if necessary, and protected from damp. If there turned goods reach the VITRIS warehouse in a damaged state, they will not be accepted.
The packaging must enclose a copy of the authorization form with the final date forth goods to be returned clearly marked, as well as the buyer’s transportation document which indicates, clearly and legibly, the quantity and description of the goods returned.
The seller reserves the right to charge any costs whenever, after the materials have been checked at its factory premises, the request for their return proves to be unfounded.
13. Complaints
Complaints mean any protests made by the buyer that refer to the quality of the goods or items supplied. When the goods are received, the buyer must check them or have them checked to ensure that they conform to contractual specifications.
The buyer may not claim that the goods supplied do not conform to the specifications contained in the order if it has failed to check the products in the manner described or has failed to notify the seller of the defect within the terms indicated in point below.
The buyer must report defects in writing to the seller within and not beyond a period of 8 days from receipt of the goods, upon pain of forfeiture. In any event, the right to take action to enforce these rights shall, without prejudice to the term of 8 days, become statute-barred one year after delivery of the goods.
Complaints must be submitted in writing and send to our support team at mosaic@vitris.ro, giving the data contained in the order confirmation, the pack identification numbers and the invoice and bill of lading numbers.
If a complaint is made, the buyer must ensure that the contested goods are made available to technicians and experts sent by the seller.
In the event that a complaint is submitted in time and proves to be founded following checks carried out by VITRIS technicians, the company shall only be liable for replacing the non-conforming goods, without entitling the buyer to demand the rescission of the contractor the reduction of the sale price and/or damages and the reimbursement of costs incurred of any kind.
14. LIABILITY STEMMING FROM SUPPLIES
The seller shall never be held liable for consequential damages, including loss of profits, actual damage, loss of income and down time.
The limitations to liability described above do not apply in the event of fraud or serious fault on the part of the seller.
The buyer holds the seller harmless against any claims that may be put forward by third parties, including the seller’s or buyer’s employees, relating to the goods supplied.
The seller is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.
15. RESPONSIBILITIES CONCERNING THE LAYING OF MATERIALS
VITRIS does not in any way supply the service of laying the mosaic along with the supply of the material.
VITRIS therefore declines all responsibility for defects and/or flaws that may be attributed to laying operations. The company does not therefore accept complaints or demands for compensation of damage stemming from defects and/or difficulties caused during laying operations that prejudice the use of the material supplied, if the physical, chemical, mechanical and dimensional characteristics of the said material conform to the standards established when it was ordered and supplied.
16. PATENTS, TRADEMARKS, DISTINCTIVE SIGNS, SOFTWARE
The buyer expressly recognizes that the VITRIS name and logo, its graphic composition and know how relating to the products supplied constitute intellectual and industrial property owned by VITRIS and/or companies in the group protected by laws relating to copyright and industrial property.
Any improper use thereof shall be sanctioned in accordance with the law.
The buyer may not, under any circumstances, use, cancel or remove any indication relating to patents, trademarks, business names or origin affixed by VITRIS to the products supplied without its prior written authorization.
17. APPLICABLE LAW - JURISDICTION AND COMPETENT AUTHORITIES
Any dispute stemming from these General Conditions and/or orders placed on the basis thereof shall be regulated, in so far as not covered by theses conditions of sale, exclusively by the laws of the country in which the VITRIS company signing the order confirmation is domiciled.
All disputes shall be referred to the exclusive jurisdiction of the ordinary courts of the state to which the VITRIS company signing the order confirmation belongs .
As an exception to any legal or customary criterion, exclusive jurisdiction is also given to the courts of the city in which the VITRIS company signing the order confirmation has its registered office.
18. Changes to this agreement
The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by email or postal mail will be made to those affected by the change.
Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
