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Terms and conditions

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Terms and Conditions

In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, your use of the Craafts website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, you should not access or use the craafts.com web site.

In these Conditions, the following definitions shall apply:
  • "We", "Our" or "Us" means Craafts
  • "Buyer" means the company, person, partnership or other legal entity buying or agreeing to buy Goods from us
  • "Goods" means all goods to be supplied by us to a Buyer
  • "Director" means the Director or Directors of the Company trading as Craafts

These conditions are the only conditions on which we sell Goods unless we agree otherwise by written notice signed by a Director of the Company. These terms and conditions shall apply to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. Any variation to these conditions shall be inapplicable unless agreed in writing signed by a Director.

Terms and Conditions are subject to change

We reserve the right to amend these Terms and Conditions at any time without prior notice. You should review the Website Terms and Conditions each time you access, view and/or use the Website. Your use of the Craafts website constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

Intellectual Property

All the Content you see and hear on Craafts.com is the intellectual property of the Company, including but not limited to: the data, information, products typology, goods, shapes, processing and techniques, reviews, recommendations, communications, software, scripting, photographs, text, video, graphics, designs, music, sounds, images, trademarks, trade names, logos, selection, presentation, arrangement (including public domain information) copyright materials and other materials and elements displayed on the Website, including the overall design, layout and look and feel of the Website ( collectively, the "Content").
You should note that the Content is protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.
You may not make alterations, copies, extractions, modifications, or additions to the Content on this site, or sell, copy, disseminate, license, commercially exploit or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must obtain prior written permission from us, and from any other entities entitled to an interest in the relevant intellectual property, unless otherwise expressly provided in these Terms and Conditions.
Without prejudice to other terms contained in these Terms and Conditions, we disclaim, to the fullest extent permitted by applicable law, liability for any type of loss or damage which may be suffered by any person resulting from the dissemination or use of the Website or the Content.
This is without prejudice to any rights you may have under applicable mandatory law.

Linked third party sites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Craafts of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Craafts, and are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Website errors

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We try to ensure that all pricing on the website is accurate, but occasionally an error may occur and goods may be incorrectly priced. If we discover that a pricing/availability error has been made, we reserve the right to suspend your order and contact you to ask whether you wish continue with the order. We will not be obliged to supply goods at the incorrect price. We present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

Delivery

We will endeavor to deliver the products/services to you within the lead-time shown for each product/service at the time of purchase, where this is practical. However, products/services are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. 
We will not be responsible for any losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those products. 
Delivery costs will be made aware to the Buyer prior to purchase. Please see shipping for further details.

Termination

We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.

Limitation of Liability

We exclude all liability to you, the user of the Craafts website, even if any loss or damage resulting from any of the content on the website may have been reasonably foreseeable.
Whilst every effort has been made to ensure the accuracy of the content of the website, Makers & Brothers assume no responsibility for any errors or omissions, defects, viruses or system failures which may be contained on the website. Craafts will not be liable for damages of any kind arising from the use of this website.

Subscribing to our email newsletter

You can subscribe to receive the email newsletter at any time via the website.If you sign up for the email newsletter, we use the personal information we collect about you to send you email newsletters featuring the relevant promotional news and products. This information is held in compliance with the "Data Protection Acts". You can opt out of receiving the email newsletters at any time, by unsubscribing via the website.

Italian Law

All contracts made under these Terms and Conditions shall be governed by the law of the Italian Republic. All disputes arising out of the Terms and Conditions and/or Contracts entered into with Craafts shall be subject to the exclusive jurisdiction of the Italian Republic Courts.

EXCLUSIVE USE TERMS CONDITIONS

EBI HANDMADE ACCESSORIES di Elif Malkoclar with its offices located in SCANDICCI, VIA DEL PADULE 64/G represented by Mrs. ELIF MALKOCLAR, and owner of CRAAFTS, hereinafter called the Seller.

Article 1. General 

1.1 This contract of sale is governed by the United Nations Convention on the International Sales of Goods, and any matters not covered by the aforementioned convention shall be governed by  Italian law. 

1.2 Any reference made to trade terms (such as EXW, CIP, etc.) is deemed to be made under the standards set forth by Incoterms published by the International Chamber of Commerce, which are in current use at the time of the drafting of this contract 

Article 2. Product features - Modifications 

2.1 Any information or data relating to technical features and/or specifications of the products contained in brochures, price lists, catalogues and similar documents shall be binding only to the extent they are expressly referred to in the contract. 

2.2 The Seller reserves the right to make any modifications to the products which, without altering their essential features, are deemed necessary or suitable. 

Article 3. Delivery times  

3.1 If the Seller expects that she will be unable to deliver the products on the agreed-upon date of delivery, she must inform the Buyer in a timely fashion, in writing, of such occurrence, stating, as far as is possible, the estimated date of delivery. It is agreed that if a delay for which the Seller is responsible lasts more than 6 weeks, the Buyer will be entitled to terminate the contract pertaining to the products whose delivery has been delayed, by giving 10 days' notice, to be communicated in writing (also by telefax) to the Seller. 

3.2 Any delay caused by force majeure (as defined in Article 9) or by acts or omissions on the part of the Buyer (e.g. the lack of information which is required in order to supply the products), shall not be considered a delay for which the Seller is responsible. 

3.3 In case of delay of delivery for which the Seller is responsible, the Buyer may request, after having summoned the Seller in writing, compensation for actual  damages  suffered, within the maximum amount of 5% of the price of the products whose delivery has been delayed. 

3.4 Except in the case of fraud or gross negligence, the payment of the amounts indicated in Article 3.3 excludes any further compensation for damages arising out of non-delivery or delayed delivery of the products. 

Article 4. Delivery and shipment - Complaints 

4.1 Unless otherwise agreed, the supply of the goods will be Ex Works, even if it is agreed that the shipment, either in its entirety or partially, will be seen to by the Seller. 

4.2 In any case, regardless of the delivery terms agreed upon by the two parties, the risks shall pass to the Buyerat the moment of delivery of the goodsby the first carrier. 

4.3 Any complaints relating to packing, quantity, number or exterior features of the products (visible defects), must be communicated to the Seller, by registered letter with return receipt, within 7 days from receipt of the products.  failing such notification the Purchaser automatically forfeits his/her right to claimthe above defects . Any complaints relating to defects which cannot be discovered on the basis of a careful inspection upon receipt (hidden defects) shall be notified to the Seller, by registered letter with return receipt, within 7 days from discovery of the defects and shall not exceed more than 12 months from delivery.  failing such notification the Purchaser automatically forfeits his/her right to claim the above defects. 

4.4 It is agreed that any complaints or objections shall not entitle the Buyer to suspend or delay payment for the products or payment for any other supplies. 

Article 5. Prices 

Unless otherwise agreed, the prices listed on the website are to be considered Ex Works, and products shall be packed according to common practice with respect to the agreed transport means. It is agreed that additional costs or charges shall be at the expense of the Buyer. 

Article 6. Payment terms 

6.1 If the parties have agreed on payment in advance without any further indications, it will be assumed that  advance payment refers to payment in full. Unless otherwise agreed, advance payment must be credited to the Seller's account before the agreed date of delivery. 

6.2 Unless otherwise agreed, any expenses or bank commissions due with respect to payment shall be paid  by the Buyer. 

Article 7. Warranty for defects 

7.1 The Seller shall remedy any defects, lack of quality or non-conformity of the products for which he is liable, occurring within twelve months from delivery of the products, provided the Seller  has been notified of the defects in a timely fashion, in accordance with Article 4.3. The Seller will have the choice between repairing or replacing the products which have proven defective. Products that are repaired or replaced under the warranty shall be re-submitted under the same guarantee for a period of six months starting from the date of repair or replacement. 

7.2 The Seller does not guarantee that the products conform to special specifications or technical features or that they are suitable for particular usages except to the extent that such characteristics have been expressly agreed upon in the contract or in documents referred to for that purpose in the contract. 

7.3 Except in the case of fraud or gross negligence,  the Seller's only obligation in the case of defects, lack of quality or non-conformity of the products, will be that of repairing or replacing the defective products. It is agreed that the afore-mentioned guarantee (which consists of the obligation to repair or replace the products) is in lieu of any other legal guarantee or liability, and absolves the Seller of all other liability (both contractual and non-contractual) which may arise out of or in relation to the products supplied (e.g. compensation of damages, loss of profit, recall campaigns, etc.). 

Article 8. Exclusive use and retention of title 

The Buyer is granted exclusive rights to use, reproduce, and modify products, with the exception of intellectual property rights, as established by E.U. PARLIAMENT LAW N° 2004/48/CE,  04/29/2004, for eighteen (18) months from the moment the contract is executed.  Upon contract expiry the product shall be made available for sale by the Seller who remains the sole owner of the intellectual property rights of its products.

The Seller shall suspend sale of the product for which exclusive use has been granted to the Buyer from its sales catalogue.

The Seller must demonstrate that he/she has justified, objective reasons in the case that he/she decides to limit or cancel exclusive use or to make deals for the distribution of the same products with other businesses in the contractual territory.

It is agreed that the products delivered remain the Seller's property until complete payment is received by the Seller. 

Retention of title is extended to the products sold by the Buyer to third parties and to the price of such sales, within the maximum limits set forth by the laws of the country of the Buyer which regulate this clause. 

Article 9. Force majeure 

9.1 Either party shall have the right to suspend adherence to his/her contractual obligations when adherence becomes impossible or unduly burdensome because of unforeseeable events beyond his/her control, such as strikes, boycotts, lockouts, fires, war (both declared and undeclared), civil war, riots, revolutions, requisitions, embargoes, energy blackouts, and delay in delivery of components or raw materials. 

9.2 The party wishing to make use of this clause must promptly communicate in writing to the other party the event and the forseeable end of such force majeure circumstances. 

9.3 Should the suspension due to force majeure last more than six weeks, either party shall have the right to terminate the contract by providing 10 days' written notice to the other party. 

Article 10. Jurisdiction/Arbitration 

The competent law courts of the locale where the Seller has her registered office shall have exclusive jurisdiction in any action arising out of or in connection with this contract. However, as an exception to the aforestated, the Seller reserves the right in any case to bring his action before the competent court of the locale where the Buyer has his/her registered office. 

Should the Buyer’s offices be located outside of the European Union, all disputes arising out of or in connection with the aforestated General Conditions shall be difinitively settled under the Arbitration Rules of the Arbitration Chamber of Florence by one or more arbitrators appointed in accordance with the aforementioned Rules.

 

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