General Sales Conditions

Object

1. The General Sales Conditions are drafted in full conformity with the law in the Customer’s country and detail all the obligations and rights of Artevasi company and its customers, in the context of the selling of the products, included in the on-going catalogue, specifically flower pots and accessories.

2. No modification of the General Sales Conditions can be valid without the express approval in writing by Artevasi company. Any modification of the General Sales Conditions is explicitly applicable to all following placing of orders.

Orders

3. All orders imply automatically the agreement and the acceptance by the Customer of the General Sales Conditions, unless there is a prevailing specific written agreement between Artevasi company and the Customer.

4. All orders must be submitted through the template provided by the company, otherwise any error or omission in the order form will be the Customer’s responsibility.

5. In case of disproportion between the order value and the regular amounts of client’s consumption, Artevasi company reserves the right to condition the acceptance of an order on provision of convenient guarantees of payment.

6. Any quantity change in the order will only be achievable according to Artevasi company’s agreement, which can cause an alteration of the original delivery times.

7. In case the Customer wishes to cancel an order, during its execution period, Artevasi company reserves the right to ask for a compensation payment to the Customer, to minimize the costs associated with the order, subject to a minimum of 5% of the total agreed order.

8. Any order containing products with customer specifications (out of catalogue) must be subject to specific Sales Conditions, including prices and delivery times, which must be accepted in writing by the Customer.

9. In response to changes in manufacturing costs, taxes and fees and other factors which are not controlled by Artevasi company, it reserves the right not to carry out the order, unless the Customer explicitly accepts in writing these changes.

Prices

10. The products sale prices are those in force on the day of the receiving of the order form.

11. Unless there is an indication to the contrary, the prices mentioned are ex-works, tabulated in euros, per unit and excluding taxes and fees.

12. Artevasi company reserves the right to modify the prices anytime. However, it commits itself to bill the ordered products at the prices indicated at the moment of the Customer order.

Credit facilities

13. Upon a Customer’s request, a credit limit may be provided to him. The guidelines of the credit insurer, contracted by Artevasi company for this purpose, will always be considered.

14. The maintenance of the credit facility, as well as its limit, will be periodically examined and can be modified or cancelled at any time, without notice, considering the following reasons among others:

i. Annual value of sales;

ii. Timely payments;

iii. any change in Customer’s legal or financial circumstances.

15. Under the terms of point 14., Artevasi company can demand to the Customer a provision of convenient guarantees, to comply his responsibility of payment, or cancel the order during its preparation process.

Deliveries

16. When the first order is placed, it will not be accepted, unless Artevasi company owns all Customer-relevant data (Customer sheet), the confirmation of payment conditions and validation of eventual demanded credit facilities.

17. Artevasi company is committed to prepare the orders within 20 working days. However, the indicated delivery time is indicative only and not imperative, unless otherwise agreed to. Therefore, any reasonable products delivery delay cannot result in:

i. Any compensation for possible losses;

ii. Any cancellation of order.

18. Unless otherwise agreed to, the transport of the goods is always at Customer’s risk, even when the transporter mentions in the freight bills that the transport is carried out under the responsibility of the supplier. It is the Customer’s responsibility to contract a transport insurance for the goods.

Claims

19. In case of missing or damaged products during transportation, the Customer will have to draft a written claim and send it to geral@artevasi.pt, within 10 working days after reception of the order.

20. In case of damaged products, the claim must compulsorily be accompanied by photos, which clearly and objectively highlight the ravages and the amount of damaged goods.

Payment modalities

21. Tax documents (invoices, credit notes, etc.) will be sent preferably by e-mail to the address indicated by the customer. The settlement of the orders is realized by bank transfer.

22. For any placing of order with Customer specifications, the Customer will have to pay 20% of the total amount of the order in advance.

23. For the first and second order from the Customer, the payment must be prompt payment, letter of credit or credit insurance. For the next orders payment must be realized within 60 days from invoice date.

Ownership reservation

24. Artevasi company preserves the property of the sold goods until the moment of full payment. In case of any judicial proceedings intended against the Customer, Artevasi company reserves the right to claim as part of the procedure the products not yet paid.

Artevasi Image Use Policy

25. Artevasi is available to support its clients promoting Artevasi brand in their communication and points of sale, as well as any marketing tool that might be relevant for the client´s sales and image towards its customers. To ensure the above, the access and employment of the brand and image of Artevasi must follow the bellow rules and procedures that Artevasi company presents:

a. Artevasi provides a database of images when an order is done. All the provided images can be used by the clients. when using these images, where Artevasi brand is present, they cannot be edited, treated, modified, changed. However they can be cropped/ reshaped, compiled or complemented with any type of text or image since as long as it doesn´t change the Artevasi communication guidelines.

b. All content (text, image and video) published in Artevasi social networks can be shared and used by our clients. It cannot be edited and/or modified.

c. Image and text contents copyright at artevasi.com website is Artevasi property or comes from use license. The access to the same does not mean, under any circumstances, the permission to reproduce and/or distribute without previous written authorization from Artevasi. The use, reproduction, copy, or divulgation, partial or total, of such contents are expressly prohibited, regardless the purpose and the channels used, without previous written authorization from Artevasi (directed to the marketing team – marketing@artevasi.pt).

d. Before taking any decision or choose to proceed with any action that involves Artevasi brand, users must contact Artevasi marketing team that will study every single situation, to approve or make the necessary adjustments according to the requirements of Artevasi brand.

e. Before using, reproduce or publish any authorized content for commercial or advertising purpose (in printed or digital communications, events or promotions) that can by any means communicate Artevasi message, must be always validated by the Artevasi marketing team.

Force majeure

26. The responsibility of Artevasi company cannot be invoked, if the failure or the delay in the execution of any of its obligations described in the current General Sales Conditions is due to force majeure. In this connection force majeure is understood as what is defined in the law.

Competent court

27. Any dispute concerning the interpretation and application of the current General Sales Conditions must be submitted to the applicable laws of the Customer’s country.

28. Notwithstanding the preference for the amicable settlement of any possible dispute, the dispute will have to be submitted to the Court, still to be designated, based in the capital of the Customer’s country.