Terms and Conditions
1.Scope

The use of the Site by any persons, hereinafter the"Users", whatever the purpose of their visit, is governed by these terms of use, hereinafter the "Terms of Use". The Terms of Use are intended to define the conditions of access, navigation and use of the Site. By accessing and visiting the Site, Users acknowledge to have read the Terms of Use and accept them fully and without reservation.

Spalli reserves the right to adapt or modify the Terms of Use at any time and without notice by posting a new version on the Site. The applicable Terms of Use are those in force on the date of accessing the Site.If any of the clauses of the Terms of Use are deemed null or void by a competent Court, the other clauses shall remain valid.

2.Site content

The Site presents the products and services offered by Spalli.com does not allow for online purchases. A list of retail locations for Spalli products can be found on the Site on the “Showrooms" page. The products are presented on the Site in accordance with current regulations. The Site lists the prices and main characteristics (including dimensions, types of wood,materials and finishes) for Spalli products. The photographs shown on the Website have no contractual value. 

Spalli and all the other companies that are involved in the design, creation and publishing of the Site strive to ensure the accuracy and regular updating of the information found on the Site. Due to the number ofcriteria that can impact the prices (size, choice of fabric, etc.), Spalli cannot guarantee the accuracy of all information mentioned on the Site. Only the information communicated in the showrooms has a contractual value. Spalli reserves the right to make improvements and/or changes to the product(s) and services listed on the Site at any time. As a result, Spalli may correct or modify the Site’s content at any time, including the Product prices, without any liability being incurred as a result.

3.Intellectual and industrial property rights

The contents of the website Spalli.com are protected by laws currently in force on copyright and intellectual and industrial property. Total or practical reproduction, distribution or transmission of the material on the website is prohibited unless explicitly authorized by Spalli.com. All the trademarks, domain names and company names in the website are the exclusive property of Spalli and are therefore protected by the current laws and regulations on distinctive signs. Their reproduction in any form or way with ought the explicit and prior authorization in writing by Spalli is therefore strictly prohibited. 

The pages in the website may contain trademarks, domain names, company names, firms and signs owned by third parties with which Spalli collaborates in various capacities and which enjoy the same protection for the distinctive signs of Spalli under current laws and regulations on copyright and intellectual and industrial property.

4.Hypertext links

The Site may have hypertext links to other sites or Internet sources. Since Spalli does not control these sites or sources, it cannot beheld responsible for their accessibility or for any content, advertising,products, services or other information that they may present. Any use of hypertext links to the Site require prior authorization from Spalli, which canbe requested through the “Contact" section of the Site. Spalli also cannot be held responsible for the content of the websites that contain hypertext links to the Site.

5.Responsibility

Users of the Site acknowledge that they have the skills and means necessary to access and use the Site. The hardware and software required to access the Internet and the Site are solely the User’s responsibility. Spalli offers access to the Site free of charge and therefore declines any responsibility in case of Site interruptions, computer bugs, display/download errors, or any damage resulting from a fraudulent intrusion by a third party.Users use the Site under their own responsibility. Spalli cannot be held responsible for any inconvenience or damage related to the use of the Internet network, including data losses, service interruptions, external intrusions, or computers viruses.

6.Selling policy

This Selling Policy supersedes all previous selling policies relating to sales through Spalli. Prices, discounts and product offerings are subject to change without notice.

6.1    Terms & Conditions of Sales
Sales by Spalli ("Seller") of Spalli’ s Product Lines (hereinafter "Products") are made only on the terms that are contained in this Selling Policy ("the Terms"). Seller hereby gives notice of its objection to any different or additional terms and conditions. Any sales made are expressly conditional upon Purchaser's assent to the terms and conditions set forth below. These terms and conditions may be modified or supplemented only by a written document signed by an authorized representative of Seller. These terms and conditions supersede any prior and/or contemporaneous agreements or correspondence between Purchaser and Seller. Seller reserves the right to change the Terms without notice.

6.2    Adjournment of the standard terms of sale and update of the Spalli’ s Products

6.2.1 In any moment and without any previous notice the Seller may adjourn its conditions of sale, the price of its products (the “Products”), giving the relevant notice in writing by sending the new standard terms of sale which shall automatically replace those previously in force after 30 days from the date of receipt by their recipient.
6.2.2 The Seller reserves also the right to make any technological and aesthetic improvement to its Products, including modifications to the dimensions and materials, as well as to cease the production of one or more Products.

6.3    Ordering Information
The product reference number(s) contained on Seller's Order Acknowledgement shall be the final expression of the order.

6.4    Order Confirmation

An order is not binding on Seller until Purchaser has received Seller's Order Confirmation or Acknowledgement, which may be by electronic means. Any order concerning one or more Spalli’ s Products shall become effective and binding upon the receipt by the Seller of the relevant offer countersigned by the Client for acceptance (the “Order”).

6.5    Estimated Lead Times

We will provide you with an estimated delivery week upon placement of your order. The deadlines for the delivery specified in the Order shall be deemed non-essential and they represent the best forecast of the date of delivery (in the case of delivery ex works) or shipping (in the other cases) of the Products. The seller reserves the right to perform the Order also with partial deliveries.

6.6    Complaints

6.6.1 At the time of delivery of Products, the Client must check that the parcels are intact and that the quantity corresponds to that shown on the accompanying documents referred to the Order. In the case of any inconsistency, the Client must note its reserves in the delivery’s documents, otherwise the Products shall be deemed delivered intact and in the same quantities agreed in the Order.
6.6.2 Any complaint relating to a Product must be sent in writing by and no later than 3 days from the receipt of the same Product, under penalty of forfeiture of the relevant right. Under the penalty of inefficacy of the complaint, the defect must be detailed and documented through digital photos highlighting the alleged defect.
6.6.3 For damages due to the transportation, the carrier’s insurance shall respond only in the event that the damages are detailed and timely raised. In particular: (i) for damages immediately detectable by the Client, the reserve must be notedon the delivery documents at the presence of the carrier; (ii) damages non-immediately detectable must be noticed in writing to Spalli and to the carrier in copy by and no later than 3 days from the receipt of goods, in accordance withthe procedures referred to in Article 6.6.2 above.
6.6.4 Any returns must be authorized in advance in writing by Spalli and returned in carriage free, duly packed.
6.6.5 In case of identified defect of a Product, the replacement of the same at care and expense of the Seller, shall be the only remedy available to the Client.

6.7 Changes to your order
Due to the short lead time of Spalli furniture, the factory begins production shortly after orders are placed. Therefore, we are only able to change your order if manufacturing has not already started.

6.8 Delivery

6.8.1 Packing is tested for rigorous motion and transportation but is not guaranteed to protect Products from conditions over which the Seller has no control. Delivery Access is your responsibility. It is your responsibility to check that all goods have free and easy access to its final destination.  
6.8.2 The Products will be delivered ex works, unless otherwise agreed in writing. Risk of loss passes to the Purchaser at time of shipment. Purchaser shall inspect all Products upon receipt for visible damage to the Product as well as the packaging. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes.
6.8.3 If the delivery is agreed to the warehouse of the distributor or to the end customer, the delivery shall be made at street level, without assembly and without wasting of the packaging, unless otherwise agreed in writing.
6.8.4 The Client shall have the right to terminate the Order for delay in the delivery of the purchased goods if the delay exceeds 60 days from the date of delivery specified in the Order.
6.8.5 Seller shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority or of the Purchaser, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control.If any such event occurs, the Seller may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available Product or cancel any purchase order.
6.8.6 If the Client delays in accepting the delivery of one or more goods encompassed in the Order, it shall pay to the Seller the storage expenses, agreed in Euro 0.50 per cubic meter for each day of delay, in addition to the price agreed in the Order and to the interests accrued, pursuant to the following article.
6.8.7 If the delay in accepting the delivery exceed 60 days, The Seller shall have the right to terminate the Order by written notice to the Client. In this case the Seller, in addition to the above, shall be entitled to receive the payment, by way of penalty, of an amount equal to 5% of the agreed price, in addition to compensation for the further damages.

6.9 Held Orders/Storage

If Purchaser requests that an order be held or delayed, prices and terms and conditions in effect at time of order shall apply. Arrangements for holding/storage will be made directly between the Purchaser and the Seller. Any costs associated with the storage including demurrage, preparation for storage, storage charges and handling shall be billable by the carrier and payable by the Purchaser.

6.10    Cancellation of orders by Seller

Seller reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by Purchaser will be returned.

6.11    Payments

6.11.1 All payments shall be made within the terms and the conditions set forth in the Order only to the Seller, with corporate offices in Bucharest (Romania), which, for all legal purposes, shall be considered the place of the performance of the Order.
6.11.2 In the case of lack or delayed payment, the Seller shall be entitled, at its choice: (i) to the immediate payment of the balance for the forfeiture of the Client of the benefit of the term, and to complete the supply in relation to which the breach of contract has occurred, and any subsequent delivery to the same Client, only upon receipt of the whole consideration; or, alternatively (ii) to terminate the Order. In any case, any delay in the payment shall entitle the Seller, to interests on delayed payment and subsequent amendments, in addition to full reimbursement by the Client of the costs of collection of the credit, of banking rights and any other expense (including legal costs) relating to the collection of late payment or just even connected to the same.

6.12 Sample of timber and upholstery?

As you view images throughout our site of both products and material swatches, please bear in mind that your computer screen may not represent the colours accurately. We recognise that consideration of colours, fabrics and finishes is an important part of the decision-making process. You may request samples by email by telephone.

6.13 Compliance with Law
Purchaser is solely responsible for compliance with all laws, ordinances, regulations, rules, and standards relating to the installation, maintenance, use and operation of the products.

6.14 Limitations of Liability

Seller, its contractors and subcontractors or suppliers of any tier shall not be liable to Purchaser for any special, indirect, incidental or consequential damages arising from Products or from a breach of this Agreement. Purchaser's remedies set forth herein are exclusive and the liability of Seller with respect to the breach of this Agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the Product(s) or part on which such liability is based. To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.

6.15 Applicable law and jurisdiction.

6.15.1 The Orders and any aspect referred to their negotiation and performance shall be regulated by Romanian law.
6.15.2 Any disputes between the Seller and the Client concerning an Order or in any case arisen from the same shall be submitted to the exclusive jurisdiction and venue of the Court of Bucharest, Romania.

7.Warranty

Spalli (“Seller”) offers a guarantee to the original Purchaser (“Purchaser”) only that the Spalli product lines manufactured by Spalli and sold through authorized retailers (hereinafter “Products”) are free of defects in workmanship and materials. Should any failure to conform with this limited warranty appear to a Product listed below during the applicable warranty period from the date of shipment, Seller shall, upon prompt notice,repair or replace, at its option and costs, the affected part of parts.
Product and Period of Warranty

- 5 Years: Spalli’ s tables, cabinets 
- 1 Year: Spalli’ s chairs, sofas or other items covered with upholstery, and accessories. 

This guarantee doesn't apply to:
- Failure to follow product care instructions as supplied by the Seller
- Damage caused by a carrier other than Seller.
- Normal wear and tear or acts or omissions of parties other than Seller (including user modification).
- Customers Own Material or other third party materials applied to Products.
- Products not installed following instructions or damaged by careless removal of packaging.
- Dramatic temperature variations or exposure to unusual conditions.
- Textiles and upholstery supplied by the Seller.

Natural variations occurring in wood, fabric, and leather shall not be considered defects, and the Seller does not guarantee the color fastness or matching of the colors, grains, textures or surface hardness of such materials. 

The express guarantees contained herein are in lieu of all other guarantees, express or implied, including any guarantees of merchant ability and fitness for particular purpose and all other guarantees arising from course of dealing or usage of trade. 

The remedies provided above are the Purchaser's sole remedies for any failure of Seller to comply with its obligations regarding the Products. Correction of any nonconformity in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Seller, with respect to or arising out of the Product furnished here under. 

Repairs and replacements due to standard wear and tear or to lack of periodic checks or maintenance of the Products, or to use which turn to be improper or negligent or not compliant with the requirements of the product sheet are excluded from the warranty. Furthermore, any warranty for wrong installation or maintenance or repairs made by unauthorized third parties or with damaged or not original spare parts is excluded. 

In case of effectiveness of the warranty pursuant to the above, the relevant Product must be shipped by the Client at the port indicated by the Seller and shall be sent back by the Seller in carriage free.

8.Applicable law and jurisdiction

Any complaint related to the Site must be sent by email to Spalli at the following address: info@Spalli.com. Spalli will strive to respond as soon as possible.

9.The terms of use are governed by Romanian law

Any dispute relating to the Terms of Use or any use of the Site shall be subject to the exclusive jurisdiction of the Romanian Courts, not withstanding plurality of defendants or the introduction of third parties.