Terms and Conditions of Sale

1. Subject matter and applicable legislation

These General Terms and Conditions of Sale (hereinafter referred to as the 'General Terms and Conditions' for brevity) concern the rules governing the purchase of products and services via the website https://www.sky-tile.com/ (hereinafter for brevity the "Site"), owned by the company Cerexpo S.r.l. (hereinafter for brevity the "Owner") with registered office in Via Emilia Romagna 70/74, Sassuolo (MO) Italy - certified email address cerexpopec@cerexpo.it, (VAT and C.F 03037020363 - REA number MO-352486 - share capital € 10,500.00 fully paid up.), in compliance with Italian law, in particular with Legislative Decree no. 70 of 9 April 2003 as amended and supplemented on the subject of e-commerce, as well as, with regard to the processing of personal data, with Legislative Decree no. 196 of 30 June 2003 as amended by EU Reg. 2016/679 as amended and supplemented (hereinafter referred to as the "Privacy Code" for brevity).

The contract entered into between the Customer (hereinafter also referred to, alternatively, as the "User" understood as the user of the Site) and the Site shall be entirely governed, regulated and interpreted in accordance with these General Terms and Conditions and, in default, with Italian Law. As regards the regulations and prescriptions on privacy, the management of website cookies and in general the tracking of the various sales and order operations, please refer to the content of the Information Notice prepared for this purpose on the Site (https://www.sky-tile.com/privacy-policy/, https://www.sky-tile.com/cookie-policy/)

These Conditions may be subject to change and the date of their publication on the site shall be the effective date.

By these general terms and conditions of sale, Cerexpo S.r.l. sells and the Client purchases at a distance the tangible movable goods indicated and offered for sale on the site https://www.sky-tile.com/

The contract is concluded exclusively via the Internet, through the Customer's access to the address https://www.sky-tile.com/ and the placing of a purchase order according to the procedure laid down on the site itself.

Prior to the conclusion of the purchase contract, the Customer shall take note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the Customer's choice.

Prior to the validation of the order with 'obligation to pay', the Customer is informed about

- total price of the goods including taxes, with details of shipping and any other costs;
- payment methods;
- the period within which Cerexpo S.r.l. undertakes to deliver the goods;
- the conditions, terms and procedures for exercising the right of withdrawal (Art. 6 of these conditions);
- information that the customer will have to bear the cost of returning the goods in the event of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;

- after-sales service conditions and commercial guarantees provided by Cerexpo S.r.l.

The Client may at any time, and in any case prior to the conclusion of the contract, acquaint himself or herself with information relating to the Proprietor Cerexpo S.r.l.: geographical address, telephone and fax number, e-mail address, which information is set out below:

Cerexpo S.r.l. - Head Office: Via Emilia-Romagna 70/74 - 41049 Sassuolo (MO) Italy - Tel: 0536804396 - Fax: 0536889240 - PEC: pec@cerexpopec.it

2. Effectiveness and acceptance of the General Terms and Conditions

The purchase of products made on https://www.sky-tile.com/ shall be governed exclusively by the following Conditions.

At the end of the purchase procedure (checkout), by clicking on the "I accept" button, the user accepts without limitation or reservation all of the following "GENERAL TERMS OF SALE".

The Customer is obliged, before confirming the on-line purchase order, to carefully read these General Terms and Conditions, which are made available on the Site and can be consulted at any time, including through the link in the "purchase confirmation" box, to allow the Customer to memorise, store and print them.

The Customer is obliged to check any changes and/or updates to the General Terms and Conditions each time he/she accesses the Site. The contents of the General Terms and Conditions are understood to be read, known and accepted by the Customer at the time he/she places the purchase order.

If the Customer does not intend to accept all or part of the General Terms and Conditions, he must refrain from purchasing products from the Site.

3. Site Content - Copyright and Industrial Property Rights

All the content of the Site, including, but not limited to, images, logos, registered and unregistered trademarks, text, graphics, photographs, images, video, audio, software is the property of the Owner who may grant its exclusive use to its assignees, licensees, licensors and authorised content providers. All elements of the Site, including, but not limited to, designs, trademarks, both of the Site and of the products depicted therein, are protected by copyright and related industrial property protection laws.

Except where expressly permitted by written agreement, copying or transmitting all or part of the contents of the Site and the products represented therein is strictly prohibited.

All rights are fully reserved. The Customer and/or User is authorised to download and/or use the Site for personal and informational purposes only, not for commercial and/or industrial purposes.

Any reworking and/or reuse and/or republication of the contents of the Site is strictly prohibited. The use of trademarks is prohibited without the prior written consent of the rights holders.

The Site and its contents are provided "as is" without any guarantee. All elements contained on the Site are for information purposes only as an invitation to a negotiation and do not constitute advice of any kind, nor an economic offer, nor a binding agreement.

The Customer agrees that his order is the contractual offer to purchase the products listed in the order. The Holder is entitled at any time to verify an order in advance and/or reject it without stating reasons. Should the Holder fail to confirm and/or process an order within thirty working days, the order shall be deemed to have been tacitly rejected.

The Owner does not guarantee in any way that the information contained on the Site is accurate, complete and/or up-to-date, nor that the Site is free of viruses or other harmful components.

Furthermore, no warranty or other representation is made that the Site is free from errors of any kind, or that it is available and functioning continuously.

4. Limitation of liability - links to third parties - misuse of the Site - User-generated content.

The Client and/or User uses the Site at their own risk. The Owner and/or its administrators, successors, partners and assigns shall in no way be liable for any direct and/or indirect damage that may arise from the use or non-use of the Site, including any viruses, errors, or the incompleteness or inaccuracy of the information provided.

This limitation of liability is not excluded even in the event that the Customer and/or User has notified the Controller in advance of the possibility of such damage.

The Owner reserves the right to set up links to third party content to improve the use of the Site and the User's interface experience. The Owner warns that in such an eventuality the User will be redirected to other websites, not managed by the latter, governed by their own terms and conditions and with their own Privacy Policy and therefore declines all responsibility for the content and activity of these websites and their managers.

The User is warned that such sites may request personal data, including sensitive data, and send their own cookies also for marketing or profiling purposes, so the User is invited to read the terms and conditions of those sites as well as their privacy policies.

The User is forbidden to use the Site to publish or transmit any content generated or re-adapted by the User himself and/or in any case not approved in writing by the Owner. In any case, any content that may infringe the property rights of third parties and/or the Owner, be contrary to current legislation, morality or be deemed discriminatory, abusive or obscene is strictly forbidden. The Owner reserves the right to delete, at its sole discretion, any content or comments published by Users that violate the General Conditions, or, even if compliant, for reasons of expediency or marketing.

5. Purchase modalities

The customer has the right to choose the method of payment and shipment of the ordered goods during the on-line purchase process.

Orders can be placed both by private individuals and by holders of a valid VAT number. Each user must be of legal age and have a valid and functioning e-mail address to which the registration confirmation will then be sent.

The Proprietor is in any case exonerated from verifying the truthfulness of what is declared by the Customer.

In order to place an order, it is first necessary to register and then follow the procedure on the Site, selecting the desired products, which will make up the Customer's order by means of a 'shopping cart', the purchase of the contents of which must finally be confirmed by the Customer.

The Customer is advised to print out and/or keep a copy of the Internet pages viewed at various times during the Procedure, as these pages are uniquely generated on-line and it may not be possible to view and print them at a later date.
The Customer may order the products present on the Site at the time of order confirmation, as described in the various information sheets, specifying that the image and descriptive content, accompanying the sheet and the product, may also not be faithfully representative of the characteristics of the product itself, since they are only for illustrative purposes and may therefore differ significantly from the product shipped.

Cerexpo S.r.l. sells on its e-commerce website both products in stock and products to be produced in relation to orders received from customers. The availability and delivery date of products not already in stock will vary from time to time and the estimated delivery date will be communicated only upon receipt of payment for the purchase order.

Product availability refers to actual availability at the time the Customer places the order.

However, this availability should be regarded as purely indicative since:

• products may be sold to other customers before the order is confirmed, due to the simultaneous presence of several users on the site and the possible receipt of several orders at the same time;
• a computer anomaly may occur such that a product appears to be available for purchase when in fact it is not;
• even after the order confirmation e-mail sent by Cerexpo S.r.l., partial or total unavailability of goods may occur. In this eventuality, the order will be rectified by eliminating the product or products that are unavailable and the Client will be informed of this change by e-mail; with this e-mail the Client will also be informed of the manner and timing of the reimbursement of any sums paid;
• payments must be made in advance, and only after payment and uploading of the 'conforming' file by the user will the selected items be put into production. The customer is free to choose the payment method at the time of purchase. Advance payments are accepted by Bank Transfer and through the PayPal® platform;
• for payments by bank transfer, production will only start once the payment has been credited and, consequently, delivery may be delayed by 2-3 days. In this case it is also necessary to include the order number of the bank transfer in the reason for payment to identify the transaction.

If the customer uses the PayPal® on-line money transfer platform, once the order has been confirmed, the customer will be redirected to the PayPal® site where he/she can make the payment through his/her account or by using a credit card, even a prepaid one, or in any case in accordance with the modalities accepted by the PayPal® system and in compliance with its conditions.

The customer is responsible for the correct input of billing data.

The customer will find the courtesy invoice in his or her reserved area: it will be up to him or her to access this area, print the document and keep it according to the regulations in force.

The sales prices of the products published on the Site are net of VAT and any transport and other charges.
In the event that incorrect prices are identified due to technical anomalies, the Site reserves the right to cancel the order and refund any amount paid in excess of the amount due.

6. Users' responsibility for uploaded files

The selection of content and images to be printed, as well as the acquisition of the relevant authorisations for their reproduction, where necessary, and the use of personal information relating to the recipients, remain the sole responsibility of the users. Consequently, Cerexpo S.r.l. will under no circumstances proceed to verify content except with regard to technical specifications and graphic compatibility with the requested specifications.

Cerexpo S.r.l. cannot in any way be held liable for the unauthorised use of images by users and for any kind of infringement of third party rights on them.

The User hereby exonerates Cerexpo S.r.l., also undertaking to indemnify and hold it harmless, from any liability to third parties who may claim infringement of intellectual property rights, injury to the image, honour, decorum, moral integrity or in any case any pecuniary or non-pecuniary damage resulting from the printing of images and content uploaded by the user, as well as resulting from the use of personal information and/or receipt of Products by recipients of the Service.

Cerexpo S.r.l. reserves the right in all cases to block any order that clearly infringes the intellectual property rights of third parties or whose content is defamatory, violent or otherwise contrary to public order and morality.

7. Processing and dispatch times

Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Delivery Address" field.

All purchases will be delivered by direct delivery or Express Courier (hereinafter, "Courier") from Monday to Friday, excluding public holidays and national holidays. Once the Products have been shipped by Express Courier, the Customer will eventually receive a confirmation e-mail with the tracking number relating to the courier's shipment.

The Controller is not liable for delays that cannot be foreseen or attributed to it.

In any event, except in cases of force majeure or unforeseeable circumstances, the Products ordered shall be delivered within an indicative term of 30 (thirty) working days from the day following the day on which the Customer received the order confirmation. The aforementioned term applies to shipments within Italy.

Any foreign shipments may take longer to complete and dispatch the order. Under no circumstances shall the Holder be liable for any delay exceeding the sixty days envisaged herein, as long as it is less than two hundred and forty days; once this last lapse of time has elapsed, the Customer shall have the right to withdraw freely by certified e-mail or by registered letter with return receipt, indemnifying the Holder for the expenses incurred up to that time for processing orders made to measure or with non-standard accessories.

8. Right of Withdrawal

In the event that the Customer who makes purchases through the Site or through the exchange of e-mail messages is a Consumer, he/she shall have the right, pursuant to the Consumer Code Legislative Decree No. 206/2005 and subsequent amendments and additions, to withdraw from the contract within the term of 14 days from the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the goods without any penalty and without having to provide any reason.
In order to exercise the right of withdrawal, the consumer must inform us of his or her decision to withdraw from this contract by means of an express declaration (e.g. letter sent by post, fax or e-mail).
Any notice of withdrawal may be sent to e-commerce@cerexpo.it, or to the following address:

Cerexpo S.r.l.

Via Emilia Romagna 70/74,

41049 Sassuolo (MO) - Italy

In order to comply with the withdrawal period, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
The right of withdrawal shall be deemed to have been properly exercised if the following conditions are met:
- the purchased product must be returned intact and in its entirety and perfectly fit for its intended use;
- the product must be complete in all its elements and parts (including outer packaging and original inner packaging, accessories, any documentation and equipped with relevant labels, identification tags, codes);
- When returning the product, it must be returned as received by the consumer upon delivery.

The Consumer is requested to return the goods or to deliver them to our premises at Via Emilia Romagna 70/74, Sassuolo (MO) Italy, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal to us. The deadline shall be met if the consumer sends the goods before the expiry of the 14 days.

The direct costs of returning the goods shall be borne by the Consumer. Cerexpo S.r.l. does not offer any pick-up service for goods that have to be returned following withdrawal.

To prevent damage to the product and the original packaging, the latter shall be covered with additional protective packaging to preserve the integrity of the goods during transport.

The risk of loss of the goods shall be the full responsibility of the consumer, until the goods are certified as having been received at our warehouse, whether by shipment or if the goods are damaged for reasons other than their transport.

We will process the refund within 14 days of receipt of the goods, unless we have successfully checked the deadline for exercising the right of withdrawal, the integrity and suitability of the product and all the conditions listed for the proper exercise of the right of withdrawal.

All payments made by the Consumer including delivery charges shall be refunded. Such reimbursement shall be made using the same means of payment used by the Consumer for the initial transaction; in any event, the Consumer shall not incur any costs as a result of such reimbursement.

In the absence of the essential condition of integrity of the goods and the additional conditions described above, the Consumer will forfeit the right of withdrawal and the product purchased will remain available at the warehouse for collection by the Consumer. Cerexpo will notify the consumer by means of an appropriate communication.

The right to withdraw from contracts or contractual proposals concerning customised goods and/or products or customised or made-to-order products is excluded.

The right of withdrawal is excluded for customers who are not consumers (natural persons purchasing goods for purposes related to their professional, commercial or entrepreneurial activity), and therefore cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity, if any.

9. Product verification

9.1. Upon delivery of the Goods, the Client is required to check the condition of the Goods and, if necessary, to report to Cerexpo those defects that a person of average diligence could have detected upon careful inspection of the Goods. The Client shall in any case be obliged to report the presence of obvious defects in the Goods within the time limits prescribed by law (see point 10) and in any case before the Goods are put into service.

Cerexpo S.r.l. shall not be liable for the costs of putting up Goods that are obviously defective or deviate from what was agreed, nor for the charges necessary for their removal and/or for the restoration of the premises and/or for any indirect and/or consequential damage that could be prevented by using ordinary diligence in examining the Goods.

9.2. The Client shall promptly make reservations in the event of damage occurring during transport. In general, the Client is required to act in good faith and to take all steps that, without causing him appreciable sacrifice, will not prejudice Cerexpo's claim against the carrier.

1. In the unfortunate event of defects and/or non-conformities, the Client may lodge a complaint at Cerexpo's legal and administrative headquarters and/or by certified e-mail (to this end, addressing its complaints to the following address: cerexpopec@pec.it).

In order to allow for prompt handling of the complaint, the Customer is requested to provide the following information at the time of the complaint: order number, invoice number, product name and product code, quantity, subject matter and description of the defect and/or non-conformity. The Customer shall provide photographic documentation in support of his complaint.

 9.4. The Client acknowledges and recognises that the Goods, and in particular the printed panels, may have a slightly different shade of colour from that shown on the Cerexpo website or from that of the samples eventually viewed by the Client. Since these colour differences are tolerated in the trade of this kind of products, and impossible to foresee and/or prevent, it is understood between the parties that the delivery of material of a slightly different shade from the samples viewed does not constitute a breach of contract by Cerexpo.

10. Legal Warranty

Cerexpo, guarantees the conformity of the goods sold and, therefore, the absence of obvious or hidden defects that could in any way affect their use.

Anyone who is a 'consumer' (pursuant to Legislative Decree no. 206 of 6 September 2005, as amended and supplemented, the so-called Consumer Code) and therefore anyone who purchases our products for purposes unrelated to their business, handicraft or professional activity, enjoys the rights provided for in Articles 128 et seq. D. Legislative Decree 206/2005 as amended and supplemented on the subject of the legal guarantee of conformity.

In particular, the consumer has the right, in the event of faults and defects, to have the conformity of the goods restored free of charge by repair or replacement.

The consumer may also demand an appropriate price reduction or termination of the contract in the event that
(a) the seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter (1), (2) and (3), or has refused to bring the goods into conformity pursuant to subsection 3;
(b) a lack of conformity becomes apparent despite the seller's attempt to restore the conformity of the goods;
(c) the lack of conformity is so serious as to justify immediate reduction of the price or termination of the contract of sale;
d) the seller has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period or without considerable inconvenience to the consumer.

To customers who are also "Consumers" Cerexpo shall be liable for all conformity defects that become apparent within two years after delivery of the non-conforming product.

The consumer forfeits the rights described above if he does not report the lack of conformity to the seller within a period of 2 (two) months from the date he discovered the defect. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

Finally, it is recalled that, in any case, the action to assert any defects (that have not been maliciously concealed by Cerexpo S.r.l.) is time-barred within 26 (twenty-six) months from delivery of the products.

All products for sale on the site https://www.sky-tile.com/ are covered by the Legal Warranty of 12 months, with the exception of so-called 'SHORT-TERM PRODUCTS' (e.g. treads or all products consisting of PVC and monomeric laminations).

11. Cookies and integrity

The website https://www.sky-tile.com/ uses "cookies". Cookies" are electronic files that record information relating to the customer's navigation on the site (pages consulted, date and time of consultation, etc.) and enable Cerexpo S.r.l. to offer a personalised service to its customers. Cerexpo S.r.l. informs the Client of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Client from proceeding with the online purchase.

These General Terms and Conditions of Sale comprise the entirety of the clauses making up these General Terms and Conditions of Sale. If one or more provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.

12. Jurisdiction

By the express will of both Parties, any dispute that may arise between the Parties in any way connected to this contractual relationship and/or relating to its interpretation and/or execution and/or termination and/or validity and/or effectiveness, shall be devolved to the exclusive jurisdiction of the Italian Courts with exclusive territorial competence of the Court of Modena, any other rule of jurisdiction and judicial competence being understood to be waived and any other alternative and/or competing Court of Law excluded.

Ver.01 - Sassuolo, 29 June 2022