These general selling conditions are related to each Agreement concluded by signing the Order Confirmation (the ‘Order Confirmation’) by the buyer (the ‘Customer’) with the company G.S. Srl, owner of the brand Flukso (the ‘Manufacturer’) concerning each item included in the collections of the Manufacturer (the ‘Products’). The expression Products will indicate the goods produced by the Manufacturer and especially natural fabrics and fibres, as well as the coated fabrics.
In the Order Confirmation shall be given all the specific elements that compose the Products and any services provided. Any requests for changes by the Customer must be received in writing to the Manufacturer within two working days from the date of the Order Confirmation, and the Manufacturer, subject to feasibility analysis, will inform the Customer within two working days of the acceptance or rejection of the required changes.
Terms of delivery
I tempi di consegna riportati nella Conferma d’Ordine, salvo diversa indicazione, sono sempre da computarsi a settimane e sono puramente indicativi, mai essenziali.
Qualora il Cliente richieda al Produttore una variazione del termine di consegna, dovrà effettuare la relativa richiesta per iscritto. La nuova data di consegna non modifica i termini di pagamento inizialmente concordati.
The prices indicated in the Order Confirmation are quoted in Euro and are net of VAT and of any tax charges. Prices include packaging. Prices do not include in any case transport costs or customs charges.
Payments must be made solely to the Manufacturer in the manner and upon the terms and conditions spelled out in the Order Confirmation and / or the sale invoice.
At the time of signing the Order Confirmation, may be expected that the Customer pays to the Manufacturer a sum as a deposit to the extent agreed, which will be spun off as down payment in case of perfect fulfilment of the obligations set forth in the Order Confirmation. In the specific conditions spelled out in the Order Confirmation and/or sale invoice will be expected to pay additional advances on the price.
In case of late or non-payment, even partial, default interest will be calculated on the basis of Legislative Decree no. 231/02.
It is understood that the Manufacturer will however have the right to terminate any agreement for any default attributable to the Customer, considering what it has already been received as a deposit, and withdrawing the Products and requiring payment of the work already undertaken, claiming in addition for any damages.
If the Products are delivered under ex works conditions as per Incoterms© 2010, and the shipment is at risk of the Customer.
Quality of Products
The Manufacturer warrants that the Products are manufactured according to production techniques in accordance to the highest quality standards and in compliance with health and environmental requirements. They are subject to controls to ensure compliance the technical leaflets annexed and in particular the strength of the yarns and coated Products to abrasions and the resilience of colours to sun exposure, as well as their fire resistance.
The Products are sold in shape of rolls and are measured in linear meters (ML, metri lineari in Italian).
Orders are accepted for a minimum of one meter (1 ML) per item and per colour. The rolls that will be shipped may be sorted from one or more cuts corresponding to the same article and colour.
Defects and Warranty
The Warranty is of two years from the date of shipment of the Products.
The Products will be as much as possible equal to those indicated in the Order Confirmation.
Any non-conformities, defects or faults must be denounced in writing and with adequate technical documentation and/or photo within a period of eight days from the receipt of the Products and in any case before the cutting of the Product, on pain of invalidity.
In case of a valid complaint, the Manufacturer will examine the products reported as non-compliant and will assess whether the problem is covered under the Warranty.
The Manufacturer, further to examination of the Products directly or through its representatives, will replace the Products within a reasonable time, which will be determined by the Manufacturer in relation to the characteristics and delivery of the Products to be replaced with a product equal to or comparable with, at its sole discretion, and in accordance with applicable regulations.
In any case, the Warranty will operate up to cover the value of the Products subject to non-compliance. The Manufacturer will not bear the cost of repairing or replacement, excluding also, without limitation, labour and other associated costs.
If the Product subject to non-compliance is no longer for sale, the Manufacturer will provide an appropriate replacement. The Manufacturer at its sole discretion, shall decide what constitutes an adequate replacement.
The Warranty does not apply to Products for which it is claimed not conformity of minor entity or that has been stored improperly, assembled incorrectly, used inadequately, tampered, altered, or cleaned with inappropriate procedures or unsuitable products. The Warranty also does not operate in case of fault or negligence of the Customer or for Products on which intervened, at any level, parties other than the Manufacturer.
The Warranty does not cover normal wear and tear, cuts or scratches, or damage caused by impacts or accidents. The Warranty is not assured if the Products have been placed outdoors or in damp, unless otherwise specific in the instructions of the Manufacturer.
The Warranty does not apply in the event that the Products have been applied on sharp or cutting corners or edges.
The Warranty is excluded for lack of conformity if at the time of purchase the Customer was aware of the defect or if it could not ignore the use of reasonable diligence or if the lack of conformity is due to instructions or materials provided by the Customer.
The Warranty is for the benefit of the initial Customer and it is not transferable. Further restrictions by the Manufacturer can be provided.
However, it is excluded from any liability of the Manufacturer for any direct, indirect, incidental or consequential damages or for any loss, cost or expense that might arise from the use of the Products.
The Manufacturer is not liable in any case of non-fulfilment of its obligations if this is due to reasons of force majeure or unforeseeable circumstances.
Technical alterations and printing errors.
The Manufacturer is free to make any modifications it deems appropriate or necessary to the Products as well as to its catalogues and price lists, which from time to time entirely supersede the previous ones.
The Manufacturer is not liable in any way of any misprints or typographical errors.
The personal data supplied by the Customer in the Order Confirmation or other documents are used by the Manufacturer solely for the purpose of performing its obligations, for their entire duration. The Customer has any right set forth by legislative decree no. 196/2003 (Privacy Code). Responsible for processing the data is the legal representative of the Manufacturer.
Any dispute relating to these general selling conditions shall be subject exclusively to the Court of Udine, Italy.
For goods that are not produced but merely marketed by the Manufacturer, the Customer is obliged to adhere strictly to the technical and toxicological specifications provided by the concerning producer.
It is also the responsibility of the Customer any due diligence about the appropriateness of the use of the goods having regard to the specific use the Customer intends to do.
Sales to consumers
If the sale is made to a consumer customer (according to art. 3, par. I, letter A of the Legislative Decree no. 206/2005, named Consumer Code, consumer customer is a person who is acting for purposes which are outside the trade, business, craft or professional activity), the provisions of the shall apply the provisions of the mentioned Consumer Code are applied.