TERMS AND CONDITIONS OF SALE
1. Application
These General Conditions govern the sales contracts stipulated between the Supplier HANGAR77 s.r.l. (Tax code / VAT number 02880580424, registration number at R.I. 02880580424) with registered office in Serra de 'Conti (An), Via Brodolini, n. 77 - ITALY - and the Buyer/Consumers. For Buyer we mean subjects with VAT number, Resellers or Professionals, for Consumer we mean private customer without VAT number. The Buyer/Consumer declares to have read and fully accept the General Conditions shown below by placing the purchase order and by signing the order confirmation.
2.Products
Hangar77 s.r.l. designs, manufactures and markets outdoor and indoor kitchens, furniture systems and components, which are purchased by the final consumer from a Buyer (Reseller/Professional) or directly by the Consumer. The craftsmanship process of the materials we use gives the surfaces of each product unique chromatic characteristics, therefore the images of the products on the website www.terrenere.kitchen and in the catalogue are purely indicative. Furthermore, as the products are handmade, they are not subject to certification. In order to constantly improve the product and for production requirements, HANGAR77 S.r.l. reserves the freedom to make changes in design, materials and components without notice.
The website www.terrenere.kitchen contains all the information about the product, its installation and related precautions, as well as instructions for safe use and proper maintenance over time. Material, color, size and weight of the object may differ from the values indicated in the catalogue (being handcrafted ).Material, color, size and weight of the object may differ from the values indicated in the catalogue (being handcrafted ).
The images of the products presented in the online catalogue on www.terrenere.kitchen do not constitute a contractual element, as they are only representative. The colors may vary in tone depending on the screen of the device from which the photo is displayed. Furthermore, since these are handcrafted products, the color may vary slightly even between artefacts of the same color.
Small imperfections and discrepancies, small or large spots, shades that could arise, are the result of the craftsmanship of the product and do not involve a defect, let alone the replacement of the product.
The concrete top made for our products may be subject to any irregularities which are intrinsic characteristics of the concrete. Any threads, cracks, small holes, stains due to uneven coloring constitute a guarantee of the uniqueness of the product.
The wood used for the components can have color variations both compared to the photos shown in the online catalog, and between the same products made according to the origin and type of wood used.
Being artisanal products, non-homogeneous shades of color, small imperfections, differences or signs due to craftsmanship are not to be considered defects but added value.
3. Purchase agreement
These “sales conditions,” the “order confirmation,” the “user and maintenance manual” and the drawings prepared form an integral part of the purchase agreement.
Payment of the deposit constitutes acknowledgment and acceptance of the aforementioned documents without the need for a countersignature of the materials sent. The contract becomes legally binding and takes effect only upon payment of the bank transfer, in accordance with the procedures described in the “Payment” section.
The date of the deposit bank transfer marks the beginning of the contract.
The amounts paid by the Buyer/Consumer at the time of signing the order will be considered as a confirmatory deposit. Unless noted otherwise by the current legislation, each party has the right to withdraw from the contract early in the case of bills of exchange protests, seizures, foreclosures, registrations of judicial mortgages, charged to the other party or his assets, as well as in case of other economic difficulties, temporary or definitive. Sums received in advance will not be returned.
Anyone who places the order or signs the documentation, whether it is the legal representative, the manager director, an intermediary or a person in charge, does so in the full knowledge of the directors of the company and the owner whose proof is the deposit transfer.
The termination of the contract by the Buyer/Consumer does not imply the return of the sums paid in advance by HANGAR77 s.r.l.
4. Changes to the order
Hangar77 s.r.l. reserves the right to accept any requests for changes or additions to the initial order that may be made by the Buyer/Consumer after confirming the order. In the absence of acceptance, the Buyer/Consumer will remain bound by what is indicated in the purchase order accepted by HANGAR77s.r.l. It is understood that variations or additions may result in the modification of the purchase price and of the delivery time.
5. Choice of goods - Changes
It is the responsibility of the Buyer/Consumer to verify the adequacy of the goods subject to his order, its characteristics and its dimensions with respect to its needs and the place where it is intended to be placed. HANGAR77 s.r.l. reserves the right to make changes at any time relating to the characteristics of its products, materials, finishes, processes or its suppliers. However, HANGAR77 s.r.l. cannot make changes relating to substantial elements such as colors and sizes chosen by the Buyer/Consumer without notice and without having agreed with the Buyer/Consumer.
6. Delivery of the goods
The responsibility for the transport is borne by the party that organize it and only up to the agreed delivery point.
It is the responsibility of the receiving party to inspect the goods upon arrival, ensuring that they are intact and free of any visible defects, and to notify Hangar77 Srl in writing of any issues or discrepancies within a short timeframe (5 days) and in any case before the goods are moved or installed. Otherwise, they are considered compliant and accepted.
The production time is 60 working days from the receipt of the deposit bank transfer made by the Buyer/Consumer. This production timeline is purely indicative and non-binding, as it depends on the complexity of the project and the procurement of materials/products. For “custom-made” or non-standard products, modified and personalized according to the client’s specific requirements, the production time may be extended at the discretion of HANGAR77 S.r.l., and this cannot in any way be subject to dispute by the Buyer/Consumer. The terms are understood to be suspended during periods of closure for holidays. In any case, the shipment will be coordinated with the Buyer/Consumer. HANGAR77 S.r.l. shall not be held liable for any damages resulting from delivery delays. For shipments outside the EU, the Buyer/Consumer is responsible for obtaining all permits, licenses, approvals, registrations, certifications, taxes and other legally required documents in relation to the import and transport of the products and he bears the relative costs in full.
In case of lack of prior information from the Purchaser that prevents the delivery of the product to the address indicated by the Purchaser, HANGAR77 s.r.l. reserves the right as of now to charge the Buyer/Consumer all related costs for additional delivery services and any additional costs necessary to deliver the product.
HANGAR77 s.r.l. will provide all the instructions and drawings necessary for the correct positioning of the utilities required for the installation of the kitchen. In the event that installation is requested from HANGAR77 s.r.l., it will be evaluated on a case-by-case basis and will concern exclusively the assembly of the individual components, excluding any activities beyond such assembly, such as work on gas, electricity, or water systems, or any other modification work to the surrounding environment not directly related to the product.
7. Retention of title
The goods are sold with retention of title until full payment of the price pursuant to and for the purposes of art. 1523 of the Italian Civil Code.
8. Limitation of Liability
It is the Buyer/Consumer's responsibility to verify the suitability of the places where the products will be installed based on the specifications described in the documentation available on the website. HANGAR77 s.r.l. is not responsible for non-installation due to problems, situations, non-conformity of the places or other impediments not communicated by the customer or delegated person, before the shipping phase. HANGAR77 s.r.l. declines all responsibility for damages of any kind, whether direct or indirect, caused to things or people that are not related to the normal use of their products. HANGAR77 s.r.l. is not responsible for damage caused by resellers to other resellers.
9. Warranty
HANGAR77 s.r.l. guarantees the conformity of the products with the declared technical characteristics and their immunity from faults and defects, as well as their safety according to the standards in force at the time of their marketing.
HANGAR77 s.r.l. grants the Buyer a guarantee of 12 (twelve) months for the lack of conformity of the products; this guarantee starts from the date of delivery of the products.
For consumer only (without a VAT number), the legal warranty of conformity on our products is 24 months and complies with European Directives 2019/771 and 2019/770, implemented in Italy through Legislative Decrees No. 170 and 171 of 2021 on consumer rights.
The warranty for the kitchen and the installed products starts from the notification of “goods ready for delivery.
The acceptance of the products by the shipper, the carrier or anyone else in charge of the collection is proof of the good condition of the packaging.
It is the responsibility of the receiving party to inspect the goods upon arrival, ensuring that they are intact and free of any visible defects, and to notify Hangar77 Srl in writing of any issues or discrepancies within a short timeframe (5 days) and in any case before the goods are moved or installed. Otherwise, they are considered compliant and accepted. In the case of latent defects, these must not result from or be attributable to incorrect installation or assembly.
It is the responsibility of the owner requesting warranty service to demonstrate that the product has been maintained in accordance with the instructions in the user and maintenance manual.
HANGAR77 s.r.l. reserves the right to evaluate the validity of the dispute and to this end the Purchaser, together with the complaint, must provide all information and documents useful for the aforementioned evaluation. The complaint of the defect or non-conformity must be accompanied, under penalty of inadmissibility, by the description of the defect or non-conformity, photos and all necessary information requested by the company.
The product is considered flawed when it has defects that make it unsuitable for the use for which it is intended or that appreciably decrease its value or when it does not possess the essential qualities for the use it is intended for. Since they are handcrafted products, non-homogeneous shades of color, small imperfections, discrepancies or signs due to craftsmanship are not to be considered defects but rather added value.
In the face of complaints that are justified and promptly proposed, accompanied by the requested information and provided that the defects are not attributable to transport, misuse and/or bad conservation, incorrect assembly or inappropriate use of the same and more generally to any liability of the Buyer/Consumer, its customer or third parties, HANGAR77 s.r.l. reserves the choice, at its sole discretion and alternatively, to repair or replace the Product, to reduce, in whole or in part, the price or to dissolve the Contract and return the price paid to the Buyer/Consumer, in all cases upon return of the original Product by the Buyer/Consumer.
The repair or replacement costs of the repaired or replaced product are borne by HANGAR77 s.r.l., while the shipping and installation costs of the product are borne by the Buyer/Consumer.
In any case, compensation for damage is excluded, except in the case of wilful misconduct or gross negligence.
These possibilities are valid only during the warranty coverage period. The warranty does not apply if the product is combined with components not marketed by HANGAR77 s.r.l. that have not been previously approved and agreed with HANGAR77 s.r.l. or if the warnings and prescriptions provided or expected according to a normal criterion of diligence has not been observed.
The warranty does not cover parts subject to normal wear, Incorrect transport or installation, defects or non-conformities in operation and damage caused by improper use or incorrect maintenance of the products.
10. Price
The purchase of goods produced by HANGAR77 s.r.l. by the Buyer/Consumer is governed by the Supplier’s price list in force at the time the order is received and by the discount applied.
Prices are expressed in euros and may be subject to increases due to possible transport and/or installation costs, as well as for customizations. The price list may be subject to changes.
11. Payment
Payments will be made by bank transfer according to the agreements made. In any case, at ready goods, the cost of the product and the eventual installation and shipment must be fully paid.
Otherwise there is no obligation of the supplier to deliver the goods that remains the property of HANGAR77 s.r.l., the contract between the parties is concluded and there are no obligations or constraints binding the supplier to the Buyer/Consumer. Sums received in advance will not be returned. The contract becomes effective only with the payment of the deposit transfer bank. Any payment must comply with current legislation on the matter. Failure or incomplete timely payment within the terms provided for in this article will constitute a serious breach by the Purchaser and will determine the right for HANGAR77 s.r.l. to terminate the contract without the need for communication or formal notice. HANGAR77 s.r.l. reserves the right to grant different timing.
12. Right of withdrawal ( Buyer with vat )
The right of withdrawal does not apply in the case of purchases made by companies and professionals invoiced with VAT.
13. Right of withdrawal ( Consumer )
The right of withdrawal may only be exercised by natural persons. The Consumer has the right to withdraw from the purchase contract within 14 working days from the receipt of the purchased goods, provided that the product has not been assembled or used. The return of the goods must take place within 14 days from the date on which the customer communicated their decision to withdraw. Payments will be refunded excluding transport costs. The transport costs related to the return of the products subject to withdrawal are borne by the customer, and the shipment is made under their full responsibility. HANGAR77 s.r.l. reserves the right to withhold the refund until the goods have been received and their complete integrity has been verified. The right of withdrawal is excluded, pursuant to Article 59, letter c) of the Consumer Code, for customized or made-to-measure products.
14. Jurisdiction, dispute resolution and conciliation clause
This contract is subject to Italian law. For any dispute deriving from this contract or connected to it, the Court of the Supplier's office will be exclusively competent.
15. Protection of personal data
The personal data (including those of third parties) provided by the Buyer/Consumer are used by the Supplier for the purpose of this Agreement’s execution, for the entire duration of the same, including the warranty period. The interested party, according to the provisions of the law, will be able to access its data, request their correction, integration, and, if necessary, cancellation or block.
TERRENERE is a registered trademark of HANGAR77 s.r.l. All right reserved.
