General conditions of Sale

1. General Aspects

These general terms and conditions of sale and delivery (hereinafter "GTC") apply to all contracts for the purchase and sale of excess or defective products between Graniti Maurino SA (hereinafter "Supplier") and its customers (hereinafter "Buyer"). By placing his order, the Buyer acknowledges these GTC as a constituent part of the contract. 

2. Change and cancellation of orders

After receipt of the order, the Supplier will issue an order confirmation or directly invoice for payment. Since these are products on offer available only while stocks last, the Supplier reserves the right to refuse orders received online if at the same time the product was sold at the premises.     

The Buyer, after placing an order, no longer has the right to withdraw from the contract and return the product. 

Order changes or cancellations are binding on the Supplier only if he agrees to them in writing. Additional expenses arising as a result of the order change shall be borne by the Buyer. 

3. Return of Goods

The Supplier is not obliged to accept the return of surplus or defective goods ordered and delivered in accordance with the contract. There is no obligation to take back and no disputes will be accepted for material placed. However, it is given to the Supplier, upon written agreement with the Buyer, to accept the return of goods with credit. 

 

4. Characteristics and properties of excess or defective natural stone products

Excess or defective natural stone products may have differences in color, pattern, stone texture, pores, cracks, pyrite and stains from the photographs posted within the online store (e-commerce). Buyer acknowledges that the presence of such variations is perfectly compatible with the morphology of the redundant or defective natural stone products and understands that there may be variations. The Buyer acknowledges that the redundant or defective natural stone products are products resulting from custom cuts or orders, and that these products are exposed outside the Supplier's warehouse and therefore to weather conditions (natural wear and tear), so the photographs posted within the e-commerce cannot be considered accurate representations of the product's condition. Therefore, the Supplier assumes no responsibility for these possible discrepancies from the photographs published on the e-commerce.

The Supplier agrees to give basic information regarding the product offered for sale (e.g., dimensions, stone type, weight, and delivery volume). Surfaces, sides, and edges that are not visible when the product is laid may be broken or incomplete on floor and wall slabs, solid steps, covers, etc. These are not defects and are not grounds for complaint.

5. Price

The Buyer is obligated to pay the agreed price in Swiss francs plus VAT, and to honor any additional costs set forth in the order confirmation and invoice (e.g., for services and performance). The terms of payment set forth in paragraph 6 shall apply.

6. Payment Conditions

The established payment method for online orders via e-commerce is payment in advance before delivery of the goods, which can be made via credit cards, debit cards and other payment methods made available by Graniti Maurino SA. On site, the same payment methods apply with the addition of cash payment.

 

7. Delivery Conditions

The day of the delivery, stated in the order confirmation or agreed upon later, is kept in the best case scenario, without, however, any guarantee by the Supplier as of a fixed date. Unless otherwise agreed upon in the order confirmation, the Supplier shall not be liable for damages incurred due to delays. The Buyer's right of withdrawal in the event of delivery delays is excluded.

8. Shipping and Transportation Conditions

In the event that the Buyer expressly requests that the shipment shall be arranged by the Supplier, the Supplier shall freely choose the means of transportation. Should the Buyer also desire ground unloading in addition to shipment, he must expressly request it. Such packaging and means of transportation and ground unloading will be used as are appropriate for the purpose based on Supplier's evaluation. In the absence of written agreements to the contrary:

• Transportation costs, as well as special packaging costs, are not included in the price of the products and shall be borne by the Buyer;
• In the case of shipments by truck, unloading on the ground by lifting platform and unloading by crane are not included in the price and are the responsibility of the Buyer. If the Buyer wishes the Supplier to arrange both shipment and unloading, the Buyer must expressly request this;
• If the place of destination is not accessible by truck, the Buyer shall establish in good time a place of delivery and unloading accessible by truck;
• In mountainous areas that cannot be reached by truck, unloading of the delivery shall be done at the railway station downstream.

The Buyer shall promptly notify the Supplier of any special requirements regarding transportation, packing, and delivery (e.g., express or split deliveries, special arrival times, special means of transportation, packing or destination location, unloading by crane, etc.), and shall bear the additional costs involved. The Supplier is not obliged, without its consent, to take into account special requests.

 

9. Transfer of risks and benefits 

If the Buyer picks up the goods from the Supplier's warehouse, or the goods are shipped via third-party means of transportation organized by the Supplier, risks and benefits pass to the Buyer after the supply is loaded onto the means of transportation.

10. Check upon receipt of delivery 

Claims for transportation damage must be immediately submitted by the Buyer to the Railroad, Post Office or shipping company. Proof of acceptance (verification of quantity and transport damage) is the responsibility of the Buyer. Minor damage that does not affect utilization does not give rise to claims.

11. Warranty

Since these are redundant or defective products, there is no warranty.

12. Applicable law and place of jurisdiction

Swiss law shall apply. Subject to mandatory statutory provisions for consumer contracts, the exclusive place of jurisdiction for all disputes arising out of and in connection with this contract shall be the place of business of the Supplier.

Updated as of: 04/22/2022, subject to change