Contract of Sale – General Conditions
In the following conditions of sale, the term ‘Company’ shall mean Vivendo Malta Ltd, (C-46406) and the term ‘Buyer’ refers to the person effecting the purchase from the Company even if such person is represented by a duly authorised third party acting on his/her behalf.
Quotations are valid and binding on the Company for 30 days from date of signing of quotation by the Buyer. Unless an order is placed and signed for, the Company reserves the right to alter the price quoted for any given quotation without prior notice.
No order shall be cancelled either in whole or in part without the Company’s prior written consent. If the buyer wants to cancel an order and the Company consents, the deposit paid on that order shall be forfeited in favour of the Company and the Buyer shall forfeit all rights to the goods ordered. In the case of kitchens and customised bedrooms, other terms & conditions outlined in the Guarantee Terms and Conditions Certificate may apply.
Any changes requested by the Buyer after signing of the contract shall be quoted for separately and shall only be binding if agreed to in writing by both parties. Such changes might affect the agreed date of delivery and/or installation. In the case of furniture requiring installation, it is the Buyer’s responsibility to have the room ready for the installation to take place. If not, the Buyer shall:
a) Pay any extra expenses incurred.
b) Accept a new date for installation. The Company will endeavour to set a new date as close to the original installation date as possible.
If a customer cancels an appointment for delivery or installation or both, 3 days or less prior to appointment, an administrative charge of €25 applies.
If a customer cancels a delivery less than 24hrs prior to delivery, the delivery charge doubles.
If a customer cancels an appointment for installation less than 24 hours before the set appointment, an administrative charge of €50 applies.
If, for any reason whatsoever, the Buyer cannot accept delivery within a maximum of 15 days from the agreed due date on the order, the Buyer will become liable to a storage charge equivalent to 1 (one) % of the invoice total per week.
The Company undertakes to use every reasonable endeavour to effect delivery as agreed with the Buyer. However, should delivery be delayed for any reason beyond the Company’s control, the Company will not assume responsibility, and shall not be held responsible by the Buyer.
In the event that the Company sends an SMS to the Buyer on the mobile number provided by the Buyer and an email on the email address provided by the buyer as well as one notice via registered mail to the Buyer’s address, informing the Buyer that the goods ordered are ready for delivery, and the Buyer fails to get in touch with the Company to fix an appointment for delivery and/or installation, within ten days from date of dispatch of such SMS, email and registered letter, irrespective as to whether such notice would have been received by the Buyer then the Company reserves the right to deem and consider such order as being cancelled and in this event, the deposit paid on the signing of the contract shall be forfeited in favour of the Company and the Buyer shall also forfeit all rights to the goods ordered. Moreover, the Company reserves the right to sue the Buyer for damages sustained.
The furniture is to be inspected by the Buyer upon delivery and any claims are to be notified to the Company within 24 hours from delivery. No claims will be entertained by the Company after 1 working day. It is also being agreed that since wood is a natural material, slight variations in colour might arise.
Goods ordered are intended to fit properly into locations as indicated by the Buyer to the Company at time of order. The Company is not responsible for correcting any mis-alignments, distortions or deficiencies in the building structure, flooring, plaster work and decoration which the Buyer might carry out to the location after the order is submitted.
The Company shall not be held responsible for any warping, splitting and cracking of solid or polished finishes resulting from abnormal conditions such as but not limited to, humidity, excessive heat, dampness, etc. existing in the place where the goods are delivered and/or installed, Save the above, the Company guarantees workmanship and material within limits prescribed by law.
Real leather may have some natural malformations. Which might result in minimal variations in colour as well as in texture. Therefore, no claims will be entertained by the Company in this regard.
Each order shall be considered as separate and distinct from one another.
Prices quoted are inclusive of tax at current rates. The Company reserves the right to alter the price should the tax rate change.
All orders are subject to a deposit of 30% of the value of the order. The deposit is to be paid by the Buyer to the Company upon signing the contract of sale. No orders will be processed by the Company unless a deposit is paid.
The prices charged by the Company for furniture items do not include any charges for delivery and/or installation unless specifically stated in the order.
Where delivery is affected by the Company, this is strictly to ground floor level and subject also to full accessibility to the premises. If the use of lifting equipment is required, the cost of hiring such equipment will be borne by the Buyer. Any permits that might be neccessary to complete the delivery to the premises, suchas but not limited to Local Council permits, shall also be the Buyer’s responsibility and at the Buyer’s charge. In situations where the use of a lifter is not possible, our delivery people can take up the goods themselves and the ‘Buyer’ will be charged €2.50 per bundle (subject to a minimum total of €25 and a maximum total of €50) in case the delivery has to go up one floor, and €4.00 per bundle (subject to a minimum total of €40 and a maximum of €75) in case the delivery needs to go up two floors. If delviery is to floors above two floors, rates will be discussed once the appointment is being set.
The Company will only give an approximate time of delivery and installation to the Buyer. Variations in delivery times may occur due to delivery planning constraints.
Full payment for goods purchased must be strictly affected upon delivery.
If an order is not delivered in whole, on delivery, the Buyer shall pay the full amount due on the value of the items delivered.
In the unfortunate circumstance where goods delivered need to be returned to the Company either because payment was not effected or due to some other circumstance upon which the Company had no control, the Company reserves the right to request the Buyer to pay additional delivery and storage expenses.
When shopping online from Krea, please find the online terms and conditions at krea.com.mt
In case of doors,
a) it is the responsibility of the buyer to remove the doors and/or windows that are to be replaced by new ones. Should the buyer opt to use the company’s services for such removal, an extra charge of Twelve Euro (€12) per door and/or window will be levied. This charge is to be paid to the installer on the same day of the removal of these doors. The company shall not be held responsible for any damages that might occur in the removal of such doors and/or windows.
b) In case the buyer requires alteration works to the doors and/or windows opening, these must be carried out by the buyer prior to the delivery date.
c) The buyer is to provide the installer with a source of power supply.
d) Any pointing works or painting that is required after the installation of the doors and/or windows are to be carried out by the buyer at his own expence. The company shall not accept liability to carry out or pay for such finishing works.
GENERAL CONDITIONS OF PRODUCT GUARANTEE:
All products carry a two-year guarantee, unless otherwise stated in the sales order.
How we will correct the problem?
The Company will examine the product and decide if it is covered under this warranty. The Company, at its sole discretion, will endeavour to repair the defective product, failing which it will replace the defective product with the same or a comparable product. In such cases, the Company, will be responsible for all the costs for repairs, parts, labour and delivery. The above does not apply in cases where repair work has not been authorized by the Company. Defective and replaced parts will become the property of the Company.
The guarantee is valid from date of purchase upon presentation of original invoice or cash sale.
The product guarantee will not apply to products that have been stored or assembled incorrectly, used inappropriately, misused, altered, abused, or cleaned with wrong cleaning methods or wrong cleaning products.
The guarantee does not cover normal wear and tear, cuts or scratches, or damages caused by imparts or accidents.
The guarantee does not apply if products have been placed outdoors or in humid environments or if products have been used for non-domestic purposes unless otherwise stated in the sales order. The guarantee does not cover consequential or incidental damages. The guarantees are to the benefit of the original purchase of the product and are non-transferable.
GENERAL LEGAL RIGHTS
This product guarantee gives you specific legal rights, but it does not in any way affect the rights given to you by law.