GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale shall apply both to sales concluded with customers purchasing in the course of their trade, business, craft or profession (“Professional Customers”) and to sales concluded with natural persons purchasing for purposes wholly or mainly outside their trade, business, craft or profession (“Consumers”). These General Terms and Conditions of Sale shall be deemed fully accepted by the Purchaser upon submission of the order and shall constitute an integral part of the contract of sale. In relations with Consumers, these General Terms and Conditions shall apply in compliance with the mandatory provisions of the Italian Consumer Code and any other applicable consumer protection legislation.

 

     1. ORDERS

All orders shall be subject to approval by Ferbox S.r.l., formalised by the issuance of an order confirmation. Any request to amend or cancel an order shall be accepted only if received within two (2) days of the date of the order confirmation. Where the Purchaser has expressly requested urgent processing, the aforementioned period for amendments or cancellations shall automatically cease to apply due to the immediate commencement of production. For custom-made products or items manufactured according to the Professional Customer’s specific requirements, any amendments requested after the order confirmation may incur additional costs and result in revised delivery terms. The Customer shall be solely responsible for the accuracy of all measurements, technical specifications, shower tray dimensions, recess configurations and any other information provided to Ferbox for production purposes. Ferbox shall not be liable for errors resulting from incorrect measurements, dimensions, configurations or other information supplied by the Customer, except where such errors are directly attributable to Ferbox. The applicable prices shall be those specified in the order confirmation and/or in the price list in force on the date the order is received. Prices are exclusive of VAT, include standard packaging and are Ex Works (EXW). Any taxes, transport costs, installation and assembly costs, and any other service or activity not expressly included in the order confirmation shall be borne solely by the Purchaser.

 

     2. PRODUCT CHARACTERISTICS

Ferbox products are manufactured in accordance with the technical specifications set out in the catalogues, technical data sheets, price lists and commercial documentation in force. Unless otherwise specified, all images, colours, finishes and representations contained in catalogues, websites, promotional materials or showrooms are for illustrative purposes only, and the delivered product may exhibit minor variations, particularly in shades, reflections and the inherent characteristics of the materials. Any technical, aesthetic or manufacturing modifications made by Ferbox to meet production requirements, improve the products or comply with applicable regulations shall not constitute a defect. For custom-made products, the specifications, characteristics and measurements stated in the order confirmation shall be definitive and legally binding.

 

     3. DELIVERIES AND PAYMENTS

Delivery dates specified in the order confirmation are indicative and non-binding, as the products are manufactured, wholly or partly, to order and according to the customisations requested by the Purchaser. Delays may arise, by way of example, from the availability of raw materials, procurement lead times, production scheduling or the particular complexity of the work required. Subject to any mandatory provisions of applicable law, delays in delivery shall not, in themselves, entitle the Purchaser to cancel the order, suspend or defer payment, return the goods, or claim compensation or damages. In the event of non-payment or late payment of any amount due, Ferbox S.r.l. reserves the right, without prejudice to any other rights, to suspend the fulfilment of pending orders and subsequent supplies until the outstanding balance has been paid in full.

The goods shall remain the sole property of Ferbox S.r.l. until full payment has been received. In the event of non-payment, Ferbox S.r.l. reserves the right to demand the immediate return of the goods upon request.

 

     4. WARRANTY AND LIABILITY

The applicable warranty framework depends on the status of the Customer. In relations with Consumers, Ferbox guarantees the statutory rights provided under the legal warranty of conformity, in accordance with the Italian Consumer Code (Codice del Consumo) and other applicable legislation. The legal warranty of conformity for new goods lasts for two (2) years from delivery and covers any lack of conformity existing at the time of delivery, subject to the terms and conditions prescribed by Italian law. In relations with Professional Customers, the warranty covering defects and non-conformities shall be governed by the applicable provisions of the Italian Civil Code (Codice Civile) and these General Terms and Conditions, to the extent legally enforceable. Ferbox S.r.l. warrants that its shower enclosures and related spare parts are manufactured in compliance with applicable technical standards, including UNI EN 14428, concerning shower enclosures. Subject to verification of the defect, Ferbox S.r.l. shall, at its sole discretion, repair or replace any item acknowledged as defective. Except as otherwise required by mandatory Italian law, the warranty does not cover ancillary costs, including, but not limited to, dismantling and reassembly, labour, masonry work, restoration work, transport or any other charges arising from work carried out on the product. In all cases, the Purchaser’s rights under applicable mandatory legislation shall remain unaffected. Complaints and requests for warranty service must be submitted to Ferbox in writing and must include the number and date of the order or proof of purchase, a detailed description of the issue encountered, the product model and any supporting photographs. Ferbox reserves the right to request further information, photographs, videos or documentation, or to carry out an inspection or technical assessment to determine the cause of the issue. Where a defect covered by the warranty is established, Ferbox shall proceed in accordance with the applicable warranty terms and current legislation. Ferbox shall not be liable for any damage arising from use of the product that does not comply with its intended purpose, assembly and maintenance instructions or technical specifications. Ferbox shall also not be liable for damage resulting from incorrect installation, improper maintenance, unauthorised modifications, misuse or unsuitable conditions at the place of installation.

 

     4.1. INSPECTION UPON DELIVERY AND DAMAGE CLAIMS

Upon delivery, the Purchaser shall inspect the condition of the packaging and the goods received, paying particular attention to shipments made by courier. In the event of damaged packaging or evident anomalies, the Purchaser must record a specific and reasoned reservation on the delivery note, describing the damage identified. Any damage, defect or anomaly apparent at the time of delivery must be reported to Ferbox S.r.l. in writing, preferably by email, within eight (8) days of the delivery date, without prejudice to any time limits and rights provided under applicable mandatory legislation. Products displaying visible damage or defects upon receipt must not be installed before Ferbox S.r.l. has had an opportunity to inspect them. The installation of an already visibly damaged product may result in the exclusion of warranty coverage for any damage arising from its installation or use.

 

     4.2. WARRANTY EXCLUSIONS AND LIMITATIONS

Without prejudice to any statutory provisions to the contrary under applicable mandatory consumer legislation, the warranty shall not apply in the following cases:

  • Improper installation: defects, damage or malfunctions resulting from installation not performed in a workmanlike manner or not complying with the assembly instructions, as well as damage occurring during transport that was not promptly reported;
  • Structural defects: defects, damage or malfunctions resulting from incorrectly executed masonry work, out-of-plumb or unsuitable walls, or improperly installed shower trays;
  • Incorrect shower tray specifications: defects, damage or malfunctions resulting from installation on shower trays whose dimensions, characteristics or configurations differ from those provided by the Purchaser and stated in the order confirmation;
  • Incorrect information supplied: defects, damage or malfunctions resulting from inaccurate measurements, dimensions or other information provided by the Customer;
  • Negligent maintenance: defects, damage or malfunctions resulting from inadequate maintenance, misuse, negligence, carelessness or cleaning performed using unsuitable products or methods;
  • Unauthorised alterations: defects, damage or malfunctions affecting products that have undergone modifications, repairs, additions or replacements not previously authorised in writing by Ferbox S.r.l. or carried out by unauthorised third parties;
  • Accidental impact: damage resulting from shocks, accidental impacts, misuse or mechanical stresses incompatible with the normal use of the product;
  • Unsuitable cleaning agents: defects, damage or malfunctions resulting from the use of unsuitable detergents, chemical products or cleaning systems;
  • Wear and tear: deterioration of parts normally subject to wear and tear, including, but not limited to, gaskets, magnets, bearings, hooks, hinges and guide elements, where such deterioration is attributable to normal use rather than an inherent defect in the product.

 

     4.3. TOUGHENED SAFETY GLASS

Ferbox S.r.l. shower enclosures use thermally toughened safety glass manufactured in accordance with applicable technical standards, including UNI EN 12150. In the event of breakage, thermally toughened safety glass is designed to fracture into numerous small fragments, thereby reducing the risk of injury compared with traditional annealed glass. Glass breakage may result from shocks, accidental impacts, mechanical stresses, improper installation conditions or other external factors and, when attributable to such causes, shall not in itself constitute a product defect. Where a defect in the glass is alleged, Ferbox S.r.l. reserves the right to carry out the necessary technical assessments to determine the cause of the breakage.

 

     4.4. WATER LEAKAGE AND CONTAINMENT CHARACTERISTICS

The shower enclosure must be installed in a workmanlike manner and in strict compliance with the assembly instructions, the technical specifications of the purchased model and the conditions at the installation site. The Customer acknowledges that the level of water containment depends on the design and structural characteristics of the chosen model. In particular, models without bottom tracks, thresholds or raised containment profiles at the base may not be designed to ensure complete watertightness where direct and prolonged water jets are aimed at the lower part of the enclosure, joints, doors or other potential water ingress points. Water leakage attributable to the structural characteristics of the model, incorrect installation, the conditions of the recess or installation area, or use inconsistent with the product’s normal intended purpose shall not in itself constitute a product defect. By way of example, intentionally and continuously directing a water jet against the glass panels, joints, doors, profiles, gaskets, base or other potential water ingress points shall not constitute proper use where such use is incompatible with the purchased model. The water-containment characteristics inherent in the chosen model shall not constitute a defect, provided that the delivered product complies with the order, the declared specifications and any model viewed by the Customer before purchase.

 

     4.5. WEAR AND TEAR PARTS

Parts intended to deteriorate progressively through normal product use shall be regarded as subject to ordinary wear and tear. Such components include, by way of example, gaskets, magnets, bearings, hooks, hinges and guide elements. The normal deterioration of these components shall not constitute a product defect. Any inherent defects or lack of conformity affecting these components shall be assessed in accordance with applicable legislation and, in the case of Consumers, the statutory provisions governing the legal warranty of conformity.

 

     5. JURISDICTION

For any dispute arising out of or in connection with contracts concluded with Professional Customers, resellers, companies, businesses or other entities acting in the course of their professional activity, the courts of Fermo shall have exclusive jurisdiction, unless otherwise agreed in writing by the parties. Where the Customer qualifies as a Consumer, any dispute shall be submitted to the court having jurisdiction under applicable consumer protection legislation. This clause shall not limit any mandatory rights granted to Consumers by law.

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