(I) Conclusion of Contract
- In the case of goods not in stock the customer shall be bound by the purchase order (contractual offer) for four weeks.
- On expiry of that time the contract shall be formed unless Navana Furniture has previously declined the contractual offer in writing.
- Sub-clause 2 notwithstanding, the contract shall be formed before the time of four weeks has elapsed if
- the contract has been signed by both parties, or
- Navana Furniture has accepted the purchase order (contractual offer) in writing, or
- Navana Furniture accepts advance payments of the purchase price.
- The prices are inclusive of value-added tax.
- Special work agreed in addition and not included in the purchase price, such as decorative work, will be invoiced in addition and due for payment at delivery or acceptance. Among other things this includes any filler panel work requested by the customer.
- Delivery charge is variable depending on districts & order amount. If customer change shipping method or address the extra expenses arising will be invoiced separately.
(III) Proviso to Make Unilateral Changes
- Series production furniture is sold as per sample or illustration.
- There shall be no entitlement to delivery of display pieces unless otherwise agreed at conclusion of contract.
- Quality claims in respect of the goods ordered may be made only to the extent that they can be made equitably or in accordance with ordinary trade usage in respect of goods in the same price range as the goods ordered.
- Wood surfaces are subject to color and grain variations in accordance with ordinary trade usage and acceptable to the customer.
- Leather and textiles (e.g. upholstery fabrics and decorative fabrics) are also subject to variations in accordance with ordinary trade usage and acceptable to the customer with regard to minor variations in the finish compared with leather and fabric samples, in particular in the shade.
- Measurements are also subject to deviations in accordance with ordinary trade usage and acceptable to the customer.
- If Navana Furniture has doubts about the suitability of the walls for installation of wall-mounted items of furniture, Navana Furniture shall inform the customer before installation.
- Navana Furniture’s staff are not authorized to carry out work beyond the scope of Navana Furniture’s obligations to perform under the contract. If such work is nevertheless carried out by Navana Furniture’s staff at the customer’s request this shall not affect the contractual relationship between Navana Furniture and customer.
- If delivery/dispatch of the goods by Navana Furniture or the latter’s appointed carrier is stipulated this shall be affected including any necessary packing to behind the customer’s first lockable door. Lorry access and unloading must be guaranteed.
- If the customer requests special packing or a special shipping method the extra expenses arising will be invoiced separately.
- Goods will be delivered after 15 working days of encashment of full payment.
(VI) Delivery Period
- If Navana Furniture is unable to meet the agreed delivery period the customer shall grant an appropriate extension of the delivery period beginning on the date of receipt of the customer’s written default notice or, in the event of a delivery period fixed according to the calendar, upon expiry. If Navana Furniture does not deliver by expiry of the extended delivery period the customer can cancel the contract.
- Disruptions to Navana Furniture’s or its suppliers’ business for which Navana Furniture is not responsible, in particular strikes and lockouts and instances of force majeure based on an unforeseeable event arising without fault, shall extend the period accordingly. The customer shall be entitled to cancel only if in such cases it sends a written delivery reminder after expiry of the agreed delivery period and delivery to the customer then does not take place within an appropriate extension of time to be set from receipt of the customer’s written reminder by Navana Furniture. In the event of a delivery period fixed according to the calendar the extension of time to be set shall commence upon expiry of that period.
- This shall not affect the statutory provisions concerning compensation in lieu of performance.
- A delivery can be delayed at the origin for a number of reasons, including natural disaster, political instability or machine failure.
(VII) Reservation of Title
- The goods remain Navana Furniture’s property until full discharge of all obligations arising from this contractual relationship.
- The customer shall safeguard Navana Furniture’s title analogously even if the goods delivered are not destined directly for the customer but for a third party and shall expressly draw the consignee’s attention to this reservation of title.
- Any change of location and third-party encroachment, in particular seizure, shall be notified to Navana Furniture in writing without delay, in the case of seizure enclosing the bailiff’s record.
- In the event of failure to fulfil the customer’s obligations according to Subclauses 1 (2) and Clause 2 Navana Furniture shall have the right to cancel the contract and reclaim the goods.
(VIII) Passing of Risk
- In the case of delivery/dispatch of the goods by Navana Furniture or the latter’s appointed carrier as the risk of having to pay the purchase price despite loss or damage shall pass to the customer at delivery of the goods to the customer.
- In the case of collection of the goods by the customer’s own vehicles or a carrier appointed by the customer the risk shall pass to the customer at handover of the goods on Navana Furniture’s business premises.
(IX) Default in Taking Delivery
- If, upon expiry of an appropriate extension of time to be set in writing with the threat upon expiry without result of cancelling the contract or demanding compensation in lieu of performance, the customer remains silent or expressly refuses to pay and/or take delivery without legal ground, Navana Furniture’s claim to performance of the contract shall subsist. Instead of that it can cancel the contract and/or demand compensation in lieu of performance in accordance with Subclause 3.
- If the customer’s default exceeds one month in duration the customer shall pay any storage expenses incurred.
- Navana Furniture can use the services of a carrier for storage.
- By way of compensation in lieu of performance in the event of customer’s default as per Subclause 1 Navana Furniture can demand 25% of the purchase price without any deductions unless the customer can prove that no loss or a smaller loss than that has occurred.
- In the event of a particularly great loss, for example in the case of items made to order, Navana Furniture reserves the right instead of the flat-rate compensation as per Subclause 3 (1) to claim a proven greater loss.
(X) Cancellation of Contract
- Navana Furniture have rights to cancel this order any circumstances within 72 hours. And also refund full money as regular refund process time.
- Navana Furniture does not need to deliver if the manufacturer has ceased production of the goods ordered or in cases of force majeure insofar as these circumstances arose only after conclusion of contract, were not foreseeable at the time of concluding the contract and Navana Furniture is not responsible for the failure to deliver and, furthermore, Navana Furniture can prove that it has endeavored in vain to obtain goods of the same kind. Navana Furniture shall notify the customer of the above-mentioned circumstances without delay and shall reimburse the counter-performances rendered without delay.
- Navana Furniture shall have a right of cancellation if the customer has given incorrect information concerning facts material to its credit worthiness that are justifiably likely to jeopardize Navana Furniture’s claim for performance. The same applies if because of objective insolvency the customer suspends payments or insolvency proceedings are commenced in respect of its assets.
- Goods once ordered cannot be canceled by customer, if cancel 10% cancellation fee applicable. Customer get 90% refund as regular refund process time.