Atelier Areti Ltd. - General sales and delivery conditions

Our general terms and conditions of sales may be updated over time and it is up to the customer to check the applicable terms and conditions at the time the order is made. When terms and conditions are updated, the version referred to at the time the order is approved are to be applied

1. General, sphere of application and validity

All offers, deliveries and other services of ATELIER ARETI shall be based exclusively on these General Terms and Conditions. Counter-confirmations of the customer making reference to their terms of business and purchase are hereby rejected. Different terms of the customer that conflict with or are not contained in these General Terms and Conditions can only become the content of a contract if they have been expressly acknowledged by us in writing.

2. Sales prices

Our price list takes effect as of 01/10/2008 and cancels all previous price lists. All specifications and prices are subject to alterations without prior notice. ATELIER ARETI reserves the right to raise the prices without prior notice due to increasing prices of raw materials and packaging materials or other sudden changes in the level of costs. Prices shall always be valid only for the specific order, i.e. not for past or future orders. In the absence of any specific agreement, prices quoted shall be ex works or ex warehouse exclusive of transport packing, e.g. pallets and containers, delivery / dispatch and insurance as well as VAT at the legally applicable rate.All information and prices shall be considered recommended and not binding until explicitly confirmed by ATELIER ARETI on an order confirmation. Quotations submitted by ATELIER ARETI are valid and binding for 40 days unless expressly agreed otherwise. In the case of a price change when the period of time between the contract being signed and delivery exceeds six weeks, the valid price will be the listed price on the day of delivery to the extent which, after formation of contract by the contracting parties, unavoidable changes to price-determining factors occur, e.g. cost increases on the basis of collective wage agreements or changes in prices of materials. The price change must be restricted to the extent necessary to compensate for the cost increase that has occurred.

3. Orders

Orders are only finally accepted, when an order confirmation in writing is available. All orders are noted at the prices in force on receipt of the order. Offers and Orders shall become legally binding upon our written confirmation the content of which alone shall be authoritative for the contractual relationship and for the scope of delivery and service. Ancillary agreements, verbal declarations by employees or representatives as well as alterations to confirmed orders (including changes to delivery objects) shall require written confirmation by us in order to be effective.

Orders for ‘ made to order product’ cannot be changed or cancelled, once the order has been confirmed in writing by ATELIER ARETI.

4. Delivery

Delivery will take place ex factory unless expressly agreed otherwise. The confirmed delivery date is an estimated date only. ATELIER ARETI cannot be held responsible for any loss that the buyer may suffer due to a delivery delay or non-delivery.

5. Payment

The terms of payment in force at the time must be observed. Unless otherwise agreed, payment for a consignment must be effected in accordance with the payment terms indicated on the invoice and the order confirmation. ATELIER ARETI reserves the ownership of all goods sold, which are explicitly described on the order confirmation, until the purchase amount has been paid in full. The buyer is responsible to ATELIER ARETI for any damage that the goods sold may suffer, until the goods have been paid for. If the customer is in delay with payment, we shall be entitled, from the time of delay on words, to demand interest on arrears at 8% above the base rate. The contracting parties shall be at liberty to furnish proof of a higher or substantially lower actual loss. Our right, already from the due date where there is a commercial transaction on both sides, to demand interest after the due date at 3% p.a. above the base rate, but at least at a rate of 5% p.a., shall remain unaffected. If there is a delay of more than one week in payment or should we become aware of reasons to doubt the ability of a customer to pay, we are entitled to revoke all periods for payment, to withdraw from those parts of the contract not yet fulfilled and to make processing of all orders placed by the client dependent on a deposit or the furnishing of collateral. The client may only challenge our demands with undisputed or legally binding counter-claims.

6. Guarantee

Standard goods are covered by a 1-year guarantee against manufacturing defects (materials and construction), the one year to be reckoned from the date of the dispatch. The guarantee does not apply, if the products show signs of incorrect use or any other physical damage.

Some items are hand made and slight variations and irregularities are normal and part of the object, they do not constitute a defect.

7. Complaints and deficiencies

The buyer is obliged to inspect the consignment immediately upon receipt. Complaints and/or visible transport damages, if any, shall be specified on the delivery note/waybill immediately upon receipt of the goods and shall be reported to the carrier immediately. Complaints concerning transport damages that are not visible shall be made in writing and received by ATELIER ARETI no later than 7 days from the date of delivery.

Complaints of defects and deficiencies shall be made in writing and received by ATELIER ARETI no later than 7 days from the date of receipt. The buyer has no right to return the goods without ATELIER ARETI’s approval. In case the goods sold reveal any defects, the buyer is not entitled to claim anything but the right to a replacement of the goods in accordance with the above mentioned provisions.

The buyer is not entitled to cancel the deal partially or in full or to demand a proportional reduction, compensation or reimbursement of the amount, unless the ascertained deficiency is due to a gross negligence on the part of ATELIER ARETI. Once the risk of the goods has passed to the buyer, ATELIER ARETI is no longer responsible for any damage that may occur, with the exception of the liability stipulated in these general sales and delivery conditions. ATELIER ARETI cannot be held responsible for any indirect losses, e.g. loss of profits or loss due to time factors, which the buyer may have suffered as a consequence of defects and deficiencies. Defective goods, which have been replaced pursuant to this agreement, shall be placed at the disposal of ATELIER ARETI. For complaints made within the guarantee period ATELIER ARETI demands a description of the defect or deficiency in writing from the customer. To enable ATELIER ARETI to make an assessment, the customer is further required to supply a photo substantiating the description or to return the product. ATELIER ARETI shall not be liable according to the above in case of damages caused by incorrect or abnormal use or storage of the products under extreme temperatures and climate conditions, nor in case of use conflicting with ATELIER ARETI’s instructions. When returning goods these must be adequately packaged.

8a. Return of goods

Returns/exchanges are only accepted if merchandise is damaged or defective. In such cases, photo documentation of damage before starting the return process is required. Returned goods are only accepted, if a prior written agreement has been made. The goods shall be carefully packaged when being returned and the use of a carrier that can track packages is required.

If defective goods are being sent back to ATELIER ARETI for the purpose of returning them, the buyer shall defray all costs and cover the risk during transport, unless expressly agreed otherwise. The buyer will be reimbursed for the cost of returning the good (transport, insurance) upon approval of the return procedure by us.

8b. Rights of Revocation

Goods manufactured to customer specifications including all ‘made to order’ products are exempt from the right of revocation.

9. Construction / design changes

With regard to illustrations and descriptions in our brochures, price lists and catalogues, we reserve the right to make alterations in construction, design, and shades of colour as long as the object in question is not substantially changed and said change is deemed acceptable for the client.

10. Product liability

ATELIER ARETI cannot under any circumstances be held responsible for any indirect losses, e.g. loss of profits or loss due to time factors. The buyer shall inform ATELIER ARETI in the event of a third party filing a lawsuit in consequence of damages caused by products manufactured by ATELIER ARETI.

11. Non-invocation of rights

In the event that ATELIER ARETI omits to exercise or claim one of the rights, which ATELIER ARETI possesses according to these general sales and delivery conditions, this is not to be interpreted as a renunciation of the right on the part of ATELIER ARETI. Neither shall it prevent such right from being exercised or claimed at a later time.

12. Disputes and acts in force

Any dispute or discrepancies related to these sales and delivery conditions that may arise shall be settled in the UK in accordance with British law.

13. Exceptions from sales and delivery conditions

Exceptions from these general sales and delivery conditions cannot be made, unless an express agreement in writing to the contrary has been made between the buyer and ATELIER ARETI.

14. Misprints

ATELIER ARETI is not responsible for any misprints of prices, texts and measurements appearing in any of our printed and online material such as brochures and website, outside of the actual order confirmation forms.

We further refer to our general sales conditions in force at the time in question.

Atelier Areti Ltd.

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