General Terms and Conditions of Sale
I – Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter “GTCS”) apply to all present and future contracts concluded between Production Furniture International S.p.A. (hereinafter “PFI”) and the Customer, understood as anyone acting for business or professional purposes. These conditions may only be waived through an express written agreement between the parties. The Customer’s general terms and conditions shall not apply, either wholly or partially.
II – Formation of the Contract
1) The Customer’s order, which PFI reserves the right to accept or reject, implies full and unconditional acceptance of the GTCS.
2) The contract is deemed concluded upon receipt by the Customer of PFI’s order confirmation.
3) Cancellation of orders will result in a penalty of 40% of the net order value. PFI accepts order changes only if communicated within three (3) working days from receipt of the order confirmation. In the event of order changes, PFI reserves the right to apply a 30% surcharge on the net price of the modified product.
4) Order confirmations involving products with dimensions, colours, or features differing from the standard will be subject to PFI’s discretion and will in any case incur a 20% increase on the list price.
5) The technical sheet and product manual can be found at www.gebruederthonetvienna.it. These documents form an integral part of the sales contract and must be read by the Buyer with particular attention.
III – Prices and Payments
1) Price lists are in Euro and prices are exclusive of VAT. Non-listed models may be ordered while stocks last; their prices will be provided upon request.
2) Prices are subject to change until the order confirmation is sent.
3) Payment of the price and any other sums due by the Customer to PFI must be made at PFI’s registered office. The Customer must make payments even in the event of disputes of any kind regarding the products. Failure to comply with payment terms and conditions entitles PFI to demand immediate advance payment of all sums due, without prejudice to PFI’s right to terminate the contract with immediate effect and claim damages.
4) The sale is made under retention of title and the products shall remain the property of PFI until full payment of the price.
IV – Delivery and Receipt
1) Unless otherwise stated in PFI’s order confirmation, transportation is at the Customer’s expense and risk. Transport costs are included for orders with a net value of at least €500.00 in Italy; for selected EU countries, the transport cost is included for orders with a net value of at least €950.00.
2) Standard product packaging is included in the price. Minimum packaging for chairs is two units or multiples thereof. A surcharge of €30.00 (net) will apply for single-item packaging.
3) Failure by PFI to meet the expected delivery date does not entitle the Customer to any compensation.
4) Upon delivery, the Customer must verify that the packaging is intact and undamaged, and that the type and quantity of products correspond to the order, and that there are no visible damages. Claims regarding packaging, type, quantity, or visible defects must be made, under penalty of forfeiture, within four (4) days of delivery.
V – Warranty
1) PFI warrants that the products conform to the specifications in the order confirmation. No warranty applies in the cases mentioned in section 5.6.
2) PFI guarantees the products for two years from the date of delivery to the Customer. This warranty is valid only if the Customer has used, maintained, and stored the product correctly, and has not modified or repaired it without PFI’s consent.
3) Upon receipt of a written claim by the Customer in accordance with these GTCS and verification of its validity, PFI will, at its discretion: (a) supply the Customer with replacement products free of charge, or (b) refund the invoiced price for the non-conforming products. At PFI’s request, the Customer shall return the non-conforming products. In case of return, the Customer is responsible for proper packaging, under penalty of liability for damages.
4) This warranty replaces any other liability for non-conformity of the products, as well as any contractual or legal liability, express or implied. The Customer shall not be entitled to other remedies such as damages, price reduction, or contract termination.
5) All non-conformities must be reported to PFI by the Customer, specifying the defect and providing proof in writing via a method that ensures proof of receipt, within 8 days of discovery, under penalty of forfeiture.
6) PFI reserves the right to make technological or aesthetic improvements to its products, including changes in dimensions and materials, without notice. Catalogue drawings do not define product details; listed dimensions are approximate and may vary.
PFI products are made from natural materials and are therefore flammable. Do not expose to open flame.
- Wood Variations – Dimensions – Finishes
Wood finishes may undergo colour changes over time due to light exposure and ageing. Uniformity of grain and colour is not guaranteed in complementary or matching products.
Dimensions of upholstered parts may vary over time due to settling caused by use.
Materials and finishes may vary between production batches, and PFI accepts no responsibility for such differences. - Vienna Straw The Vienna straw used by PFI is untreated with bleach or ammonia to unify the fibre colour. Colour variations, small cane filaments, or strand interruptions are signs of the product’s natural quality. Weight must be evenly distributed. Point loads must be strictly avoided.
- Fabrics Fabric colours may vary between production batches. PFI does not accept responsibility for colour differences between samples and actual upholstery. Colours of samples, swatches, etc., are indicative only.
- LeatherThe leather used by PFI shows natural characteristics that signify superior quality. Small imperfections such as insect bites, scars, stretch marks, or minor differences in colour or gloss are not defects but signs of authenticity and the absence of synthetic coatings, which would compromise breathability and natural beauty.
6)Extended Warranty
PFI grants the Customer an extension of the warranty mentioned in this article if the product is sold to the final user within one (1) year from delivery to the Customer. This extended warranty lasts two (2) years from the date of the Customer’s invoice to the final user and is limited to the cost of replacement or repair, excluding transport and additional services. In any case, damages payable by PFI to the Customer will not exceed PFI’s invoice price of the disputed product.
The Customer’s right of recourse against PFI pursuant to Article 131 of the Consumer Code is excluded.
VI – Confidentiality and Intellectual Property
1) The Customer undertakes not to disclose to third parties any business or trade secrets of PFI or any confidential information learned during contract negotiations or dealings with PFI, nor to use such information for purposes unrelated to the sales contract.
2) All intellectual property rights in PFI’s products and trademarks are and remain the property of PFI. The Customer agrees to respect and not infringe PFI’s intellectual property rights.
VII – Jurisdiction and Governing Law
1) Italian jurisdiction shall apply to all disputes arising from or related to sales contracts. Exclusive jurisdiction lies with the Court of Turin.
2) The sales contract and all related agreements are governed by Italian law, excluding the 1980 Vienna Convention.