Terms and Condition
STANDARD TERMS & CONDITIONS OF SALE AND SUPPLY
1 Definition
“POZENZA” or “Company” is POZENZA Furniture Ltd.
“Buyer” is the end company or individual receiving the final products or services as defined by the quotation or proposal.
“Terms” means these terms and conditions unless otherwise specified.
“Goods” means the products or services which POZENZA is to supply in accordance with the Buyer’s order.
2 Basis of terms
The Terms shall constitute the entire agreement between POZENZA and the Buyer to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply under any purchase order, order confirmation or specification supplied).
The Buyer’s confirmation of order shall be deemed to incorporate POZENZA’s Terms.
3 Payments
3.1 POZENZA’s products are quoted on an order-specific basis in respect of specification and order quantity.
3.2 All prices are quoted in Pounds Sterling (£) and exclusive of VAT which is charged at the current rate on all products and services unless specified otherwise.
3.3 Unless otherwise agreed in writing by POZENZA, payment in full for all products and services will be due in advance.
3.4 Goods will not be dispatched until full payment has been cleared with the Company’s bankers, unless specifically agreed in writing. POZENZA accepts no responsibility or liabilities for delays incurred as a result of non-cleared funds.
3.5 Where the Buyer is an existing customer with an approved account, payment shall be made within 30 days of the date of the invoice.
3.6 In the event of late payment to the Company, further charges may be incurred. In the event of payment terms being exceeded then, without prejudice to any other right or remedy, a surcharge (currently 10%) may be applied to the account unless otherwise agreed in writing.
3.7 Payment terms are strictly as stated. In addition to the surcharge above becoming payable, non payment of an invoice within the stated terms will result in legal action. Any costs incurred in securing payment of overdue accounts will be met by the Buyer.
3.8 Payment is accepted by BACS transfer, CHAPS transfer.
4 Specifications
4.1 Specification will be to the Company’s standard unless changes have been agreed in writing between the Buyer and POZENZA. Any queries with regard to specification should be resolved prior to order. All specifications provided by the Buyer shall be interpreted literally and without implied meaning.
4.2 Once an order has been placed and specification agreed, any subsequent changes must be confirmed by the Buyer in writing accompanied by an authorising signature.
4.3 POZENZA has a policy of continual product development and reserves the right to amend design specifications and dimensions without prior notice.
4.4 POZENZA reserves the right to make any alteration or amendment to indicated Company or Buyer specification to ensure compliance with POZENZA’s design and manufacturing standards and its reputation.
4.5 Modifications or amendments to product specification will not give cause for liability nor cancellation of any order.
5 Non standard products or drawings
5.1 All patterns, drawings, designs and samples will, unless agreed otherwise, be the property of POZENZA.
5.2 At the same time as approving any specification supplied by the Buyer, POZENZA will confirm the amount of any increase in standard prices necessary to comply with the revised specification.
5.3 In supplying products to client specification, POZENZA accepts no liability for, and the Buyer will fully indemnify POZENZA against, any claims, costs, damages, demands, losses or other liabilities which arise in respect of any and all infringement of intellectual property rights of any third party.
6 Preliminary works
All work requested by the Buyer will be chargeable unless agreed otherwise. A request may come from signed documents, emails or verbal agreements where minuted. Should any order, project or work be suspended by or delayed through any default of the customer for a period of 30 days, POZENZA will be entitled to payment for work already carried out, costs incurred, materials specially ordered and any other related costs.
7 Placing of orders
7.1 POZENZA will only accept orders placed in writing from the Buyer, either by Purchase Order on headed paper or by return of the Order Confirmation supplied with any written Quotation. POZENZA reserves the right not to proceed on instructions received by electronic mail alone.
8 Cancellation of orders
8.1 POZENZA will only accept cancellation of an order if notified within 48 hours of its receipt. Where manufacturing, material or other costs have been incurred the order will stand.
8.2 If a Buyer decides to terminate business with POZENZA, all work, materials or associated costs shall be invoiced for and payable by the Buyer. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable.
9 Lead times
9.1 Where a target or anticipated delivery date may be agreed between the Company and the Buyer at the time of order, no period stipulated for delivery shall commence until all details have been agreed and (except in the case of credit account holders) payment has been made and cleared with the Company’s bankers.
9.2 While POZENZA will in every case strive to meet stated deadlines, the nature of the Company’s work is such that there may be occasions where unforeseeable circumstances delay completion of products or services. POZENZA will not be liable for any loss of earnings, turnover, sales or profit or other loss to the Customer should an order incur unforeseeable delays.
10 Delivery
10.1 Prices do not include delivery unless clearly indicated. A separate charge for delivery will be quoted where required and is based strictly on the quantity specified. Amendments to order quantities may affect delivery charges which are payable by the Buyer.
10.2 Delivery of Goods is deemed to have taken place when they have been dispatched by the Company. The Buyer is responsible for checking goods on delivery (see 12.2).
10.3 POZENZA must be notified of damage within 24 hours of delivery. Claims after this period will not be accepted.
10.4 All deliveries are ‘tailgate’ unless agreed in writing; the Buyer is responsible for ensuring arrangements are made for lifting and placing of goods into the delivery address.
11 Order delays and storage
11.1 Goods paid for in full will be stored for a maximum of 14 days from the order completion date agreed at time of order unless agreed in writing. Goods held after
this point will incur a storage charge equivalent to 1% of the total order value per calendar week. Storage charges must be paid before goods are dispatched. POZENZA reserves the right to dispatch goods to the Buyer at any point following the delivery date agreed at time of order.
11.2 Goods not paid for in full will be held for a maximum of 14 days from the order completion date agreed at time of order unless agreed in writing. Orders remaining unpaid after this point will be treated as cancelled and goods may be sold to recover costs incurred. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable (see 8.2).
11.3 Goods will be dispatched to the agreed delivery address on the completion or delivery date specified at time of order unless agreed in writing in advance. The Company will give 24 hour notice of dispatch.
11.4 Where transport has been pre-booked for a date agreed at time of order, any cancellation charges arising from delays or postponement of delivery by the Buyer will be payable by the Buyer.
12 Insolvency
If the customer ceases to have the ability to pay for products or services in the course of any order, or if circumstances indicate this may be the case, POZENZA reserves the right not to proceed further with the contract or any associated work. In addition, POZENZA will be entitled to charge for any work carried out, materials purchased or other costs. This charge will be treated as an immediate debt payable within 5 working days. Non-payment will incur further charges (see 3)
13 Returns
13.1 POZENZA operates a strict No Returns policy unless goods are deemed to be faulty or otherwise agreed by the Company.
13.2 In the event of Goods considered to be faulty, the Buyer should notify POZENZA of its intention to return the item and wait for return instructions. Goods must be returned to POZENZA in original wrapping and unused unless otherwise agreed.
13.3 Return delivery costs are payable by the Buyer unless agreed by POZENZA in advance.
14 Warranty
Products supplied by POZENZA carry a 5 year guarantee against manufacturing defects. POZENZA accepts no responsibility for damage or wear caused by misuse, accidents or damage arising as a result of the environment the product is placed within.
15 Force majeure
POZENZA may suspend the whole or any part of, an order if by reason of Force Majeure either party is prevented or hindered from performing their obligations or performance of those obligations is to a substantial degree rendered difficult. These reasons include flood, fire, failure of power supply, acts of terrorism, strikes and any employee disputes.
16 Jurisdiction
These Terms shall be governed by English Law and the Buyer shall submit to the exclusive jurisdiction of the English Courts.
Correspondence: Unit 17B – 20B Cookley Wharf, Leys Road, Brierley Hill DY5 3UP , England
Registered Office: Unit 17B – 20B Cookley Wharf, Leys Road, Brierley Hill DY5 3UP , England
POZENZA Furniture Ltd is a Company registered in England No 07327018.
VAT Registration Number: 995 0633 87.
POZENZA Furniture Ltd, 2020.
Refund Policy
POZENZA will only accept cancellation of an order if notified within 48 hours of its receipt. Where manufacturing, material or other costs have been incurred the order will stand. If a Buyer decides to terminate business with POZENZA, all work, materials or associated costs shall be invoiced for and payable by the Buyer. Any deposits, advances or preliminary payments will be treated as a cancellation fee and are non-refundable.
POZENZA operates a strict No Returns policy unless goods are deemed to be faulty or otherwise agreed by the Company. In the event of Goods considered to be faulty, the Buyer should notify POZENZA of its intention to return the item and wait for return instructions. Goods must be returned to POZENZA in original wrapping and unused unless otherwise agreed. Return delivery costs are payable by the Buyer unless agreed by POZENZA in advance.
Privacy Policy
Who we are
Our website address is: Potenza.net
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An annoy missed string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service Privacy Policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies
If you leave a comment on our site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
Additional information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements
17B – 20B Cookley Wharf Industrial Estate | Leys Road | Brierley Hill | Dudley | DY5 3UP
VAT: GB995063387 | Registration No: 07327018
Warranty And Repairs
It’s rare but occasionally things can go wrong so the following information helps you identify the
next steps.
Five-year product warranty
We warrant products sold to be free of defects in material and workmanship for a period of five
years.
If a product, part of component is found to contain defects in material or workmanship within the
applicable warranty period, we will repair or replace it with the same or comparable product, at its
option, free of charge. Any product, part or component subject to a warranty claim must have been
installed and maintained according to our instructions and must not have been subjected to
unreasonable use or modified in any way. This warranty applies to original purchasers only who
acquire their products new from us or one of our authorised dealers. The warranty period starts
from the date of invoice.
Exclusions
This warranty does not apply to product failure resulting from:
• Normal wear and tear.
• Failure to apply, install, or maintain products according to our published instructions and
guidelines.
• Abuse, misuse or accident.
• Alteration or modification of the product.
The following products and materials are not covered by this warranty:
• Products considered to be consumables (moving parts such as hinges).
• Electronic components.
• Changes of wood colour due to ageing or to exposure to light.
• Customer’s own (COM) or non-standard textiles and materials.
• Fabric – We offer no warranty on any fabric or leather used, please refer to each fabric
manufacturers individual warranty before specifying.
Variations occurring in surface materials (e.g., colourfastness or matching grains, textures and
colours across dissimilar substrates and lots). This warranty applies only to products delivered within
Europe.
Except as stated above all conditions, warranties and representations, whether express or implied,
statutory or otherwise in relation to the products are excluded. This limited warranty is the sole
remedy for product defect and no other express or implied warranty is provided, including but not
limited to any implied warranties of merchantability or fitness for a particular purpose. We shall not
be liable for consequential or incidental damages arising from any product defect including death or
personal injury resulting from negligence.
Privacy Policy
Potenza Furniture Privacy Policy
Potenza Furniture is committed to respecting your privacy and recognizing your need for appropriate protection and management of personal information you share with us. The purpose of this privacy policy is to inform you what personal information we may collect from you, how we use and disclose such information, and the choices you have regarding our use of, and your ability to review and correct, such information.
“Personal Information” means any information about an identifiable individual and can include your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, products delivered, purchase history, personal interests, etc.
As a part of our commitment to your privacy, Potenza Furniture supports and adheres to the privacy principles in the CSA Model Code in the Personal Information Protection and Electronic Documents Act. Among other things, we have agreed to honor customers’ requests not to share their information with other marketers and will honor customers’ requests not to receive unwanted mail, telephone, or other solicitations from us.
Collecting Information About You
We collect Personal Information about you at times when you provide it, such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or participate in contests, sweepstakes, or promotions.
Whether or not to provide such Personal Information is completely your own choice. However, if you choose not to provide the information we require to provide certain products and services, you will be unable to purchase such products or services or participate in contests, sweepstakes, or promotions.
At the same time that we collect your Personal Information, we will seek your consent to use and disclose such information as described below. We will not, as a condition of the provision of a product or service, require you to consent to the collection, use, or disclosure of information beyond that required to fulfill the purposes for which the information is being provided. If you visit us online, you can generally visit our web pages without telling us who you are or otherwise revealing any Personal Information about yourself.
Using Information About You
We use your Personal Information for the following purposes:
- Purposes related to providing you with the products and/or services you have ordered, such as confirming, processing, and tracking your order, subscription, or registration, and billing and collecting your account.
- For internal purposes, such as analyzing our customers’ buying patterns, trends, and statistics.
- Informing you about our new products, services, and offers, and providing you with information from and about Potenza Furniture Inc. (“Marketing Materials”).
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. However, even if you withdraw consent for the above purposes, we may still need to contact you via phone, email, or mail to address questions or issues specific to your order, entry, subscription, etc.
Disclosing Your Personal Information
We may contract with companies or persons to provide certain services, including credit card processing, shipping, data management, promotional services, etc. These are referred to as our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We require our Service Providers to confirm that their privacy practices are consistent with ours.
Your Personal Information may be processed and/or stored outside of the province in which you reside and/or outside your country, including the United States. Local government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information through that jurisdiction’s local laws.
Although unlikely, in certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact, or bring legal action against persons or entities who may be causing injury to Potenza Furniture Inc. or to others. We may also disclose your Personal Information when we believe the law requires or permits it.
We may disclose your Personal Information to a third party in the event of a proposed or actual sale, merger, or other acquisition or financing of Potenza Furniture Inc.
Marketing Opt-Out
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from Potenza Furniture, please let us know by sending an email. Provide your email address, mailing address, full name, and specify what information you do not want to receive. Please note that these requests may take some time to be effective. Unsubscribing from any of our email lists may be done via the unsubscribe links at the bottom of all our marketing correspondence or newsletters.
Editing, Updating, Correcting, and Deleting Information
We try to keep all information that we collect accurate, complete, and up-to-date. If you would like to update or correct any of your Personal Information, please contact us as noted above.
Protecting Children
Potenza Furniture takes special care to protect the safety and privacy of children online. Our websites are general audience sites. We do not send email correspondence to anyone who tells us they are under the age of 13.
Children under the age of 13 should always ask their parents or guardians for permission before providing any Personal Information online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.
Cookies & Tracking
Our websites use “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, track visits and sales at our sites, and analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether to accept it.
We may contract with third parties who may use cookies and collect information on our behalf. These third parties are prohibited by our contract from sharing that information with anyone other than us or our Service Providers.
Potenza Furniture uses Google’s Universal Analytics to track traffic, usage, and audience behavior on the Site. Google Analytics Demographic and Interest reporting is activated to understand our users better and improve services. Users can opt out of usage data collection by visiting: https://tools.google.com/dlpage/gaoptout.
Security
We make commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss and unauthorized access. This protection applies to information stored in electronic and hard copy form. Access to your Personal Information is restricted to selected employees or representatives. We employ generally accepted information security techniques, such as firewalls, access control procedures, and cryptography, to protect Personal Information in electronic form.
Links to Third-Party Sites
Our websites may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may differ from ours. You access such linked sites at your own risk. Always read the privacy policy of a linked site before disclosing any Personal Information.
Policy Changes
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our website. Changes will go into effect on the date posted in the notice. The new policy will apply to all current and past customers and users of our website and will replace any prior policies. This policy was posted in September 2020.
Your Feedback
To help us improve our privacy policy and practices, please email us your feedback at info@potenzafurniture.com