Terms & Conditions 2018
Welcome to the terms and conditions (“Terms”) for Cassoni, LLC. These Terms are between you (“You” or “Your”) and Cassoni, LLC and/or its affiliates (“Cassoni,” “We” or “Us”) and govern our respective rights and obligations, whether based upon your use of the Cassoni.com website or your placing orders for the purchase of products and merchandise. Also, Your use of the Cassoni.com website is governed by any agreements, Order Form-Contract, purchase orders and invoices applying to the relevant transactions, all of which are also incorporated into these Terms.
GENERAL PURCHASING TERMS AND CONDITIONS
1. How to Place an Order.
Cassoni is a distributor of furniture imported into the U.S. primarily from Italian manufacturers, but also from other European manufacturers. Cassoni’s website, at the domain www.cassoni.com, is an information portal, providing You information about the products Cassoni offers for sale as well as information about Your account with Cassoni if You are a registered user with Cassoni. No product or merchandise is ordered or sold through the Cassoni website. If You are interested in ordering products through Cassoni, You may notify Cassoni of the products You are interested in purchasing, and Cassoni will contact You through your account with Cassoni, e-mail, facsimile or traditional mail to provide a proposal for the sale of the products You have indicated. If You have registered with Cassoni, then Cassoni can provide such a proposal through your account with Cassoni as well as through e-mail. Once you accept the proposal, Cassoni will provide You an Order-Form Contract that You must then execute and return to Cassoni, together with the required deposit to purchase products.
All payments must be made payable to the order of CASSONI, LLC. (Credit Card payments are accepted only for 50% deposit and must not exceed the amount of $9,500.00).
3. Order Form-Contract.
Cassoni will place an order for products (“Products”) upon receipt from You of an executed, i.e., signed, “Order Form-Contract” and the non-refundable deposit. The Order Form-Contract contains the applicable Terms & Conditions for placing orders. Once You sign and deliver an Order Form- Contract together with the required deposit, it becomes irrevocable.
4. Non-Cancellation and Non-Modification Policy.
Cassoni, LLC will not cancel nor accept a cancellation of a signed Order Form-Contract under any circumstance. You may not make changes to an Order Form-Contract once it has been executed and delivered with the non-refundable deposit, because Cassoni will act to place that order into production with its manufacturers. Only under exceptional circumstances, Cassoni, LLC may agree to accept a change to an order placed into production, but such acceptance is in the sole discretion of Cassoni. If Cassoni agrees to accept a change, any cost incurred by Cassoni as a result of such a change will be charged to You, the Purchaser.
5. Delivery and Pick-up of Products.
Once Products that have been ordered by Cassoni on Your behalf arrive in the Cassoni-designated warehouse, You, the Purchaser, will be notified of the Products’ availability and will have 7 business days to arrange for either the delivery or pick up of the Products within those 7 business days. The balance due on the order must be paid prior to the date of pick up or delivery of the Products.
6. Storage for Failure to Timely Pick-up Products.
Cassoni will not store Products in its warehouse after the 7 given business days. If the ordered Products cannot be delivered or picked up within the 7 business days, then Cassoni will make arrangements to have the Products sent to a furniture receiver of Our choice for careful storage. All charges related to delivery from Our warehouse to the furniture storage facilities, as well as the storage charges incurred, will be Your responsibility. Products will not be released by Cassoni from the storage facility until You make full payment of the balance owed on the order of the Products and all of the delivery and storage related charges.
7. Shifting of Risk of Damage to Products.
All risks associated with the Products passes to You upon pick up from Cassoni, whether by You or Your delivery agent. However, if Cassoni has provided for local delivery of the Products to You, then the risks associated with any damage to the Products passes to You upon delivery and Your signing a clean Bill of Lading. Notwithstanding pick up/ delivery and passing of risk to You, the Products remain the property of Cassoni until You, the Purchaser, pays to Cassoni the entire agreed price for the Products. Cassoni reserves the right to repossess and resell any of the Products to which it has retained title.
8. Interest for Outstanding Balance.
If the balance of payment is not received within the 7 business days allotted for pickup or delivery, then interest will accrue on the balance owed at the rate of 1.5% per month.
9. Inspection of Ordered Products.
The Products received at our warehouse from our manufacturers are meticulously inspected, piece-by-piece under detailed control. You have the right to inspect the Products prior to pickup or delivery at our warehouse if You have arranged for pickup of Your Products at Our warehouse. Alternatively, in the event that Cassoni is providing local delivery of the Products, You will have the right to inspect Your Products at the place of delivery (this does not apply if Cassoni has arranged for the delivery of Your Products through a third-party freight or delivery company). If You decide not to inspect the Products, you waive the right to make a claim or to return the Products. Once the Products are delivered and signed-for, any claim subsequently made will be refused. You are responsible for verifying the Products are free of damage at the time of delivery or pick up. You authorize any person at the receiving address to account for the Products and their inspection. In the event that products are not delivered by Cassoni, but by another freight company which picked the products up from our warehouse, then any loss or damage to Products during transit must be claimed directly with that freight company. This is true whether the freight company was arranged by You or by Cassoni. You, the purchaser, is responsible for all unpaid amounts due, even if an item was received with freight damage or not received at all if delivered by a freight company.
Cassoni has the right to cancel any product/s of the signed order if the same has been discontinued, damaged in transit from overseas or out of production, at any time during the order process. In that case, Cassoni will advise You, the purchaser, about the circumstances, and propose either re-ordering of product/s in a future order if the product/s is still available or cancel such product/s, but in no event shall such circumstances give You the right to cancel the rest of the order, nor shall such circumstances affect the delivery schedule, and/or the application of all other Terms and Conditions of the remaining Products on an order.
11. Variations in Products
Many of the Products sold by Cassoni are made from natural materials. Styles and colors of marble, wood, leather, fabric, melamine, lacquer or any other finishes may vary due to the nature of these elements combined with other factors involved in the finishing processes. These variations shall not entitle You to refuse the products
12. Delivery Date is an Estimate.
The delivery date shown in the Order Form Contract is intended to be an estimate. Because these Products are shipped from overseas, actual delivery date may vary. Cassoni will not warrant date of delivery nor be responsible for any delay whatsoever. In NO case will a delay give a right to the Purchaser to cancel the order, part of it or demand damages.
13. Assembly or Installation.
Assembly and/or Installation of products (if required) are not included on prices and are not the responsibility of Cassoni unless otherwise indicated. You, the Purchaser, release Cassoni for any claims on installation of the Products unless Cassoni has agreed to install the Products.
14. Confidentiality Information and Registered Customer Information.
14.1. Confidential Information. Once a Customer registers and uses the Cassoni website, it is agreeing to be bound by these Terms and Conditions, which form an Agreement. You and Cassoni agree that these Terms and Conditions of this Agreement, all information designated by Cassoni as “confidential,” “restricted,” “proprietary” or with a similar designation, and all User Information, shall remain confidential. You and Cassoni also agree that Cassoni shall own all data or information entered into the Cassoni system.
14.2. Rights to User Information. Cassoni owns all right, title and interest in and to all User Information resulting from the collection of information by Cassoni. User Information will be treated as Confidential Information by the Parties. Cassoni will have complete access to, the right to review, and the right to obtain, the entirety of all electronic or other files to the extent such files contain User Information.
15.1. Entire Agreement. These Terms set forth the entire agreement related to the services and products contemplated herein, except as otherwise specifically agreed in writing by the Parties now or in the future and supersedes all prior promises, representations, or agreements (oral or written). Neither Party will be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees in writing that such provision will modify this Agreement.
15.2. Agreement Changes. We may in our discretion change these Terms and Privacy Notice without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED REGISTRATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST NOTIFY CASSONI AND CANCEL YOUR REGISTRATION.
15.3. Termination by Cassoni.
Cassoni may terminate your registration at its sole discretion without notice.
15.4. Use of the Cassoni System.
You agree to abide by these Terms and any applicable laws, and agree that You will not take any action that is fraudulent, misuses the Cassoni system or that is harmful to Our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
15.5. Choice of Law and Venue.
By ordering Products or merchandise from Cassoni, you agree that (1) such transactions are occurring in Miami-Dade County, Florida, (2) Florida law applies to all transactions notwithstanding the application of any conflict of law provision, and (3) venue for any claim arising out of any transaction with Cassoni shall be in any Court of competent jurisdiction located in Miami-Dade County, Florida.
15.6. Attorney’s Fees and Costs. In the event that Cassoni brings suit to collect funds due on an order made by You, the prevailing party shall be entitled to its attorney’s fees and costs, including, but not limited to court costs, travel expenses, expert witness fees, and investigative fees.
15.7. Waiver of Right of Jury Trial.
YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL ON ANY CLAIM BROUGHT AGAINST CASSONI ARISING FROM OR RELATING TO THE PURCHASE OF PRODUCTS OR MERCHANDISE FROM CASSONI.
15.8. Headings and Titles. The heading and titles to the various sections of these Terms are inserted for convenience only and shall not be deemed a part of, or affect the construction or interpretation of, the provisions of this Agreement.
16. LIMITED WARRANTY.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE PROVIDED BY THE MANUFACTURER OF THE PRODUCTS. ANY WARRANTY PROVIDED BY A MANUFACTURER DOES NOT COVER (1) PHYSICAL DAMAGE DONE BY YOU TO THE PRODUCTS; (2) DAMAGE CAUSED BY IMPROPER INSTALLATION, IMPROPER OR ABNORMAL USE, MISUSE, NEGLECT OR ACCIDENT; (3) DAMAGE CAUSED BY NON-COMPLIANCE WITH THE PROPER MAINTENANCE OF THE PRODUCS OR PLACING EXCESSIVE FORCES ON THE PRODUCTS; AND (4) PROBLEMS ARISING FROM ISSUES OTHER THAN DEFECTS IN MATERIALS OR WORKMANSHIP. THE MANUFACTURER RESERVES THE RIGHT TO DETERMINE WHETHER A PRODUCT HAS BEEN DAMAGED AS A RESULT OF THE FOREGOING LIMITATIONS. PRODUCTS SOLD BY CASSONI ARE SOLD TO YOU “AS-IS” AND THE ONLY WARRANTY BEING PROVIDED TO YOU IS ANY WARRANTY PROVIDED BY THE MANUFACTURER. CASSONI DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CASSONI’S ORDER FORM-CONTRACT FOR THE PURCHASE OF PRODUCTS OR MERCHANDISE, IN NO EVENT WILL CASSONI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO (1) THE ORDERING OF PRODUCTS, (2) THE DELIVERY OF PRODUCTS, OR (3) THE USE OF PRODUCTS. CASSONI’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE VALUE OF PRODUCTS PURCHASED. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR CASSONI REGISTRATION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CASSONI LLC – 701 BRICKELL AVENUE, SUITE 1550, MIAMI, FL 33131 / (305) 808