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In this document the following words shall have the following meanings: 1.1 „Buyer" means the private person, legal person or consumer who buys Goods from the Seller . 1.2 "Consumer" shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession.
1.3 „Pro buyer“ shall mean the organisation or person who buys Goods from the Seller in the exercise of his profession, be it to resell the goods or for their own use. 1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller; 1.5 "Seller" means Zaor Studio Furniture srl. with its place of business in Salard (Bihor), Strada Principala 1051B, RO-417450 Romania. 1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed to in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer, that are being transacted on the platform www.zaor.us, a webshop destined exclusively for the North American market, consisting of the United States of America and Canada and shall prevail over any other documentation or communication from the Buyer, excluding the Pro Buyer, where the general terms and conditions of Zaor Studio Furniture srl. shall apply. By performing a purchase including the payment by the means provided by the Seller, the Buyer explicitly accepts these Terms and Conditions.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3.1 The price of the Goods shall be as exposed on the web store Zaor.us at the date of order. The price is inclusive of any delivery charges to mainland USA or Canada. The Seller reserves the right to determine the best means of transport even if that should mean a delay for the delivery. Islands and special destinations are subject to extra charges and must be specified by Buyer when placing the order.
3.2 For Buyers outside of the European Union and out of Europe no VAT will be charged. The seller will clear the goods and pay any duties or import taxes due in the USA or Canada. Shipping cost shall be determined on a case by case basis and invoiced at cost, the Seller reserving the right to choose the most suitable means of transport.
3.3 Sales tax The Seller does not collect sales tax locally in any of the continental US States, since it does not have Nexus in any US State currently (neither physical presence nor representative, nor surpassing the financial or number of transaction limits set by different states). This does not free the Buyer from his obligation to declare his purchase in those US States that collect sales tax on every sale from the Buyer, no matter if purchased out of State or in the State, f.e. in Arizona, that requires the Buyer to pay use tax for online purchases but the Buyer must remit it themselves.
In case the Seller reaches Nexus in one or more US States in the future, it will start collecting that sales tax which will be added to the price shown online, based on the Buyer’s destination address.
3.4 In case of an ex works sale, the Buyer has the right to choose the freight forwarder and make all the necessary arrangements. Buyer and Seller will agree on a date for the pick up of the Goods, where the freight forwarder will be able to pick up the goods and paperwork her ready.
3.5 Payment of the total purchase price must be made in full before dispatch of the Goods unless otherwise agreed to in the contract terms.
3.6 Payment for custom orders is due at the date of the order, unless other payment terms have been agreed to.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within the time estimated on the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Goods may not be in stock at the time the order is placed, since most pieces of furniture are built to order. In the event that the Seller is unable to deliver the Goods in the time estimated in Clause
4.2, the Seller will contact the Buyer to advise of the situation.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Delivery of custom goods, designed and built especially for the Buyer by the Seller are subject to extended or changing delivery times, due to the unforeseeable nature of such custom builds. The Seller will give reasonable notice to the buyer of any delays if and when they happen but these delays shall not entitle the Buyer to any sort of compensation or withdrawal from the contract.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller or be fulfilling the same functions or better than at the time of order. All products of the Seller are subject to upgrades and improvements without prior notice. Should an upgrade or improvement affect important specific parts of the order such as color, size or weight, then the Seller will inform the Buyer in due time before delivering the goods and give the Buyer a choice to withdraw from the sale. This does not apply to custom goods, where an adaptation might be necessary to maintain the functionality required by the Buyer.
6.1 Shipping damage and remediation The Buyer shall inspect the Goods immediately upon receipt, before signing off to the delivery service provider, for any exterior signs of damage due to transport (squashed corners, dented boxes, rips and tears or any other visible deterioration of the protective packaging) and in case any damage was detected accept the delivery under reservation only. Either in presence of the delivery driver or immediately after entering in possession of the goods, the buyer shall then open the package and make sure that no part of the goods was damaged and in case any damage occurred, notify the Seller within 48 hours of the delivery. The seller will send replacement parts as fast as possible to mend the damage that occurred without the sellers fault. Currently all spare parts are produced on a weekly basis, so under normal circumstances, the delivery of replacement parts should take no more than 15 working days.
6.2 Defects from Production and/or missing parts The buyer has a timespan of between 8 days and a maximum of 30 days to assess the product(s) and check for any damages or missing parts.
Where a claim of defect, damage or missing parts is made, the seller will mend the damages by replacing and/or supplying the parts in question. Missing or broken parts do not entitle the buyer to a full or partial refund, unless the seller should choose to offer such a refund instead and in place of a replacement.
6.3 Return of goods Since the seller delivers bespoke and highly specialised furniture, the buyer does not have the right to return the goods he purchased. Should the seller agree to a return of goods after consultation and written consent by the seller, then the cost of transport, insurance and proper packaging shall lie exclusively with the buyer. Goods to be returned must clearly show the number previously obtained from the Seller on the package (RMN). Buyer is responsible for re-packaging the goods properly so they may not suffer any damage during transport.
6.4 Defective returns Where returned Goods are found to be defective due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage. In this case the reimbursement of the purchase price shall be diminished by the amount of the damage, as estimated by the seller.
6.5 Reimbursement of cost of goods Where Goods are purchased via the internet web store, zaor.us, the Private Buyer can request to cancel the purchase of the Goods and receive a refund by informing the Seller by email within 30 working days of receipt of the Goods. In case the seller accepts the cancellation, Goods must be returned at the Buyer's cost and should be adequately packaged and insured during the return journey. The Buyer shall receive reimbursement of all monies paid for the Goods (excluding delivery charges) after the goods are received and assessed by the seller and deemed free of any damage or traces of usage. The seller reserves the right to diminish the reimbursement if the Goods are found to no longer be in a state qualified as new.
6.6 The Buyer explicitly waives any claims for cancellation or refunds on custom goods, manufactured specifically to his specifications. Should there be a defect or lack of compliance the Buyer shall be entitled to a repair, exchange or upgrade until the Sellers has delivered the exact custom piece(s) as specified in the offer/ sales order.
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 24 month from the date of delivery.
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of Romania and the parties hereby submit to the exclusive jurisdiction of the Romanian courts.