Art. 1 - Contractual Regulations
The sale of each of our products is regulated by this document which reports the General Conditions of Sale for which, pursuant to art. 1341 cc, the reading and consequent acceptance, even tacit, is valid at the moment in which it is transmitted an order to our company for the Customer's first purchase and for future ones and may be modified by Murals with a new edition of the same by agreement between the Parties.
Art. 2 - Orders
However, orders received at our offices are binding only after their possible written approval, Murals remaining in any case unquestionable right to accept them or withdraw - without charges - from them before delivery of the goods. Any order confirmation from Murals which is, even partially, different from the order, will be binding for the buyer who has not contested the discrepancy by registered letter with return receipt or by PEC, within 5 days of its receipt.
Art. 3 - Prices
The prices indicated on Murals' current price lists must be understood as Ex Works, net of VAT and discounts. These prices do not include, among others, shipping costs, transport costs, any insurance, or any further charges (taxes, duties, etc.). The price of the goods will be that provided in the price list at the time of order confirmation or, if the goods are not included in the price list, it will be that indicated in the order. The sales prices indicated in the Offer sent by Murals prevail over any different price indication, whether referring to the Price List or to the proposal of Agents or Resellers, even authorized ones. Even after the order confirmation and until the moment of delivery of the goods, Murals will have the right to make changes in the price due to any increases in the costs of raw materials, labor and other production costs. In this case, the buyer may withdraw from the order by means of written communication, to be sent by registered mail with return receipt or by PEC, within 30 days of receiving the communication from Murals containing the amount of the increase.
Art. 4 - Delivery
Sales of Murals products are Ex Works in compliance with the lncoterms and take place upon loading completed at the Murals offices. All transport risks, including shortages, breakages, deterioration and tampering, are borne by the buyer. Any agreements with freight forwarders are always understood to be concluded in the name and on behalf of the buyer, who from now on ratifies and accepts the actions of Murals. The delivery terms are indicative in nature: any delays in deliveries, interruptions, total or partial suspensions of sales will not give the right to compensation or compensation for damages. Urgent delivery of the product and/or within a strict deadline must be requested from Murals at the time of requesting a Quote in written form, and must be expressly accepted by the seller.
Art. 5 - Disputes
The acceptance, without express reservation, by the buyer of products that do not conform in type or quantity, or under conditions different from those contained in the buyer's request, implies acceptance by the latter of the supply and conditions proposed by the seller. The aforementioned reservations will not be effective if they are not formulated by the buyer in writing, immediately and in any case within 8 days from receipt of the goods. Otherwise, the goods are considered accepted. Any differences in color and/or
proportion express the specificity of the processing and fall within the normal tolerance of the product category. The coloring and rendering of the images resulting from all Murals promotional tools are to be considered purely indicative and have no color proof value, as they cannot reproduce the definitive surface, ambient and brightness conditions of the product placed by the Customer. Furthermore, it is not possible to guarantee the exact color correspondence of the same design on two different print media, as this may vary based on the actual characteristics of the material. The measurement of the measurements and their correct communication to Murals are the sole responsibility and responsibility of the Customer. Should measurements, data and information prove incorrect, Murals will not be responsible for defects or non-conformities of the product or for damages of any nature.
Art. 6 - Guarantee
Murals will not be liable for any defects in the product and/or for differences in performance in the event that the application of Murals wallcoverings has been carried out on supports other than those specifically indicated in the seller's official manuals or for use other than that for which the wallcovering has been designed. This will result in the forfeiture of any guarantee held by the buyer with the exclusion of any contractual or non-contractual liability of Murals.
Art. 7 - Payment
Payment must be made, unless otherwise agreed in writing, at the seller's headquarters or at a bank indicated by the seller. Any payments made to agents, representatives or sales assistants of the seller, if authorized in writing by Murals, will have a releasing effect for the buyer only upon actual receipt of such sums by Murals itself. Any delay or irregularity in payment gives the seller the right to suspend supplies or terminate ongoing contracts, even if not relating to the payments in question, as well as the right to compensation for any damages. The seller is in any case entitled - starting from the payment deadline, without the need for formal notice - to default interest at the rate provided for by Italian Legislative Decree 231/2002 and to full reimbursement of legal and assistance costs, both extrajudicial and judicial. Under no circumstances may the buyer delay or suspend payment, regardless of any claim and/or claim made. The sale of the goods is carried out with the retention of title clause; therefore, in the event that payment, due to contractual agreements, must be made, in whole or in part, after delivery, the delivered goods remain the property of Murals until the price has been paid in full.
Art. 8 - Competent Court
This contract is regulated by the Italian law. For any dispute relating to or in any case connected to the contracts to which these general conditions apply, jurisdiction is attributed, exclusively, to the Italian judge and the seller's court, Court of Modena, is exclusively competent, even in cases of warranty claims and connection , to the exclusion of any other forum and/or jurisdiction.
Art. 9 - Copyrights
The signing of these general conditions does not, in any way, give the buyer the right to use in any form the images and the Murals brand and/or other distinctive signs of the same; their possible use must be authorized in advance by Murals and expressly regulated by separate writing (release). Violation of this prohibition is to be equated with illicit use of Murals' industrial and intellectual property rights, with the right to request their seizure from any holder. It is understood that Murals reserves the right to take legal action against anyone involved in unauthorized uses. The buyer cannot assign the contract, or in individual obligatory relationships deriving from it, without the written acceptance of Murals; even in this case the buyer remains jointly and severally liable with the transferee for the obligations transferred.
Art. 10 - Contractual Text and Information pursuant to art. 13 Legislative Decree n. 196/2003 (code regarding the protection of personal data)
These General Conditions of Sale are to be understood as representative of the actual will of the parties. They are available in Italian and English; in case of interpretative discre-pancies between the versions, the text in Italian will prevail. For the purposes of complete-ness of the information provided, also in relation to the criminal penalties provided for by Legislative Decree 231/2007, the buyer is required to read the information provided on the website www.murals.it