General Terms & Conditions of Sale

Any communication or complaint to the seller must be exclusively by recorded delivery addressed to the operative headquarter in Milano.

 

The terms of delivery indicated in the orders and in the contract are not binding and are purely indicative. Any exception must be proven by a written deed coming exclusively from the seller. A tolerance of 30 days will, however, be made on the date indicated above. Such period having elapsed without result, the purchaser will be entitled to withdraw from the order after written notification to the seller, without any right to compensation for indirect or direct damages. Save for the above, in all cases of force majeure, such as strikes, epidemics, wars, fires, floods, interruptions or delays to transport, the objective impossibility of obtaining raw materials on the market, etc., the seller is freed from any and all obligations regarding the delivery, without this implying any entitlement on the part of the purchaser to withdraw from the order and/or claim compensation for direct or indirect damages suffered by the same.

 

The purchaser recognises the seller's right to make deliveries divided according to quantity, model and type chosen at the seller's unquestionable judgement, as well as authorising the seller to suspend or annul, at any moment and at the seller's discretion, delivery of the goods, even in part, for the part still to be produced, in all cases of change to the legal, commercial or patrimonial situation of the purchaser or of the purchaser's non-fulfilment, even if not considerable and even if regarding other supplies or contracts.

 

Payment of the agreed price will be made as follows: a) the issue of bank receipts or drafts with agreed due dates to be presented to the purchaser via the bank; b) in the event of requests to alter the agreed due dates or the failure to pay at the said dates, interest will be immediately charged automatically on the sums due from the purchaser up to the date of effective payment, without the need for any intimation or official default complaint, at the rate indicated as the first rate ABI increased by 2 points. Any discounts practised will also be understood as automatically revoked.

 

Whatever the means of payment agreed to or adopted, including the acceptance of bills of exchange, the issue of drafts, bank receipts, etc., this does not constitute an exception to the seller's right to receive payment at its own registered office.

 

The prices written are not binding for subsequent orders.

 

The seller does not grant sole rights for the sale of goods covered by this contract or of its products in general. Any circumstances which, in practice, bring about a situation of exclusivity are indifferent to determining any rights or expectations in favour of the purchaser.

 

Independently of the means or conditions of delivery indicated or adopted, shipment of the goods is always at the risk and danger of the purchaser, even if shipped ex-destination. All responsibilities of the seller cease at the moment of consigning the goods to the forwarder. In the absence of precise instructions, the goods will be forwarded by the means deemed most suitable, without the seller being held responsible for such choice.

 

The purchaser is bound to check the goods at the moment of receipt. After 8 days from such date, no complaints will be accepted. Any complaints or objections regarding a single delivery or order will not release the purchaser from the obligation to take delivery of the remaining quantities and to make the relative payments within the agreed terms.

 

Save for express written authorisation by the seller, total or partial restitution is not authorised. The purchaser is in any case bound to take custody of the goods.

 

It is the purchaser's duty to sell the purchased goods directly and in the retail outlet indicated in the commission order, at a price not lower than that given in the price list. In the event of sales at lower prices or of the transfer, for any reason and in any form, of the goods to other retailers, the purchaser, independently of the seriousness of the non-fulfilment, will be liable to pay, as a standard penalty, a sum equal to half of the corresponding overall amount of goods supplied in the last year, save for the right to further damages.

 

The seller reserves the right to accept any requests for cancellation of the garments listed in the order within, and not later than, 15 days from the date of the same. Such period having expired, no annulments or cancellations may be accepted.

 

Any agreement changing or making exceptions to the above, or not included therein, must be made by written deed.

 

No rights deriving from these general conditions and/or from the order to which the same apply may be transferred wholly or in part to third parties without the prior written approval of the seller.

 

For any and every controversy arising between the parties regarding the entering into and performance of this contract and its contents, the parties agree to the exclusive jurisdiction of the Court of Milano. In the event that the purchaser should reside outside Italy, the judge of the place where the seller deems fit to choose domicile will have similar jurisdiction. The contractual relationship is in any case subject to the law of the Italian Republic.

 

The seller shall retain full title to the goods (goods subject to retention of title) that have been delivered until the buyer has discharged all claims arising from the business relationship. If the buyer shall be in breach of contract, in particular in the event of payment default, then the buyer shall, upon the seller's demand, immediately return to the seller all goods delivered under retention of title and assign to the seller any repossession claims against any third party in conjunction with those goods.