SARFIATTI TERMS AND CONDITIONS

 

1. INTRODUCTION

(a)            use this website for any purpose other than for reasonable personal use in connection with the legitimate purchase of our products;

(b)            transmit to or via this website, any information which breaches any laws or regulations or infringes a third party's rights;

(c)            use or disclose another person’s personal information, name, details, username or password without their permission;

(d)            interfere with, tamper with, hinder the operation of, or make unauthorized modifications to this website or its associated systems;

(e)            knowingly transmit any viruses, harmful code, surreptitious program or other disabling, harmful, covert or unauthorized features to the website;

(f)             remove any copyright, trade mark or proprietary rights notices contained in or on this website; or

(g)            use the website otherwise than in accordance with these Conditions.

2.2           INTELLECTUAL PROPERTY

(a)            Unless otherwise stated, Sarfatti owns or has a valid license to use all copyright and trademarks in the content of this website.

(b)            You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in this website, except as expressly approved by us in writing or as permitted by law.

(c)            The information on this website is provided for personal use only.  We grant you permission to store a reproduction of the material on your local computer for the sole purpose of viewing the material and to print hard copies of material for your personal information, but not for commercial use.

2.3           CAPACITY TO CONTRACT

The products that are offered for sale on this website are only available to persons who can enter into a legally binding contract.  By using this website you warrant that you are over the age of 18 years and are not legally prohibited from entering into a binding contract.

2.4           LINKS TO THIRD PARTY WEBSITES

This website may from time to time contain links to other websites owned or operated by third parties outside of our control.  By using this website, you acknowledge that such links are provided solely for your convenience only and Sarfatti is neither responsible nor liable for the accuracy, safety, security, legality or content of such third party websites.

2.5           DISCLAIMERS AND LIMITATION OF LIABILITY

(a)            From time to time there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.  We reserve the right to correct any errors, pricing, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed an order with us).

(b)            We have taken all reasonable efforts to ensure that the contents of this website and the information provided are accurate and up to date.  However, we do not give any representation or warranty as to the accuracy and completeness of information contained on this website and cannot be held liable for any person/s who may suffer loss relying on any information contained on this website.  To the maximum extent permitted by law, we disclaim all implied and express warranties, take no responsibility and assume no liability for the content of this website.

(c)            You access and use this website at your own risk.  Except as expressly stated in these Conditions, we will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered in connection with your access to, or use of, or inability to use this website, the content or materials of this website or any purchases made through this website, except for any liability that cannot be excluded by law.

(d)            We are not liable for any error in data or other information transmitted through this website, whether or not that error is caused by you or any technical malfunction or unauthorised access to or alteration of data or other information transmitted through this website or of any information contained on this website.

2.6           INDEMNITY

You agree to indemnify us and each of our directors on demand from and against any and all direct and indirect liability, damages, loss, costs, and expenses (including legal costs on a full indemnity basis) which we or any of our directors may suffer or incur as a result of a breach by you of this Section 2.  We hold this indemnity on trust for the benefit of our directors and you acknowledge that our directors may enforce this indemnity directly against you.  This indemnity survives the completion or termination of the agreement between you and us.

 

3. TRADING TERMS

3.1           ORDER PLACEMENT

(a)            Any order that is placed by you through this website is an offer by you to purchase a product/s for the price (including delivery, and any other charges and taxes) specified in this website at the time you placed your order or where the price cannot be determined at the time the order is placed, then as advised by us.

(b)            By placing an order, you acknowledge you have read and, upon acceptance of your order by us, unconditionally agree to be bound by and comply with these Conditions.

(c)            We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product/s, an error in the price or the description of the product as shown on this website or due to an error in your order.

(d)            We reserve the right not to accept an order where we suspect fraud has occurred.

(e)            We will not be liable to you or to any third party for refusing to process or accept an order after we have sent you the order confirmation.

3.2           ORDERING PROCEDURE

(a)            How to Order

Ordering with Sarfatti is simple - please follow the below steps.

(1)            Simply place your item/s in your shopping cart and add your delivery postcode.  The freight calculator will then review your postcode to determine the delivery charge.

(2)            At the checkout you will be asked to complete certain information and expressly agree to these Conditions before proceeding to the secure payment gateway.

(3)            Once your order has been completed your shopping cart will be cleared for future transactions.

(b)            Processing your Order

(1)            Sarfatti will not process your order until full payment of the order has been received by us (in cleared funds).

(2)            Once an order is placed you will receive an automated email confirming that we have received your order and processed payment.  This email is provided for convenience only and is not a guarantee that the ordered goods are available or in stock.  If a product is not available, we will contact you within 24 to 48 hours to advise you of the item/s not in stock and discuss the estimated time of arrival or an alternative product (if available).

(3)            If you have paid for an item/s that have subsequently sold out or are not available and you do not wish to proceed with your order you will be offered a full refund or store credit.

3.3           CANCELLATION OF AN ORDER

The terms which apply to cancellations of orders are set out in our Returns Policy (refer to section 4 below).

3.4           PRICING

 

3.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

3.2 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

3.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

3.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

3.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

3.5           CHANGES/ERRORS IN PRICING

We make every effort to ensure that our pricing is correct and up to date.  In the event that the price of your purchase/s is higher than that quoted on our website we will contact you immediately by email or phone to advise of such change and to gain your permission to proceed with the order.  Should you not wish to proceed with your order you will be offered a full refund.

3.6           DELIVERY TERMS

(a)            Delivery Charges

(1)            All delivery costs are subsidized by Sarfiatti to ensure that you receive the best possible delivery price to your door anywhere in USA.

(2)            Delivery charges are generated automatically based on standard delivery to the front door at the ground level of the delivery address you provide at the time of submitting your order.

(3)            Requests for a non-standard delivery, or delivery to an address other than that specified in your order, are at our carrier’s discretion and may incur additional charges.

(4)            Assembly and rubbish removal are not included in standard delivery.  If requested, we can arrange a separate “white glove” service quote.

(5)            In the event we consider we will incur excessive freight charges in respect of your order, we reserve the right to make delivery of your order subject to you agreeing to pay the additional freight charges.  If we intend to charge for additional freight charges, we will contact you to discuss this and will give you the option to pay the additional charges or cancel your order with a full refund or store credit.

(b)            Delivery Address and Special Instructions

(1)            Please provide us with a ground floor delivery address where deliveries can be made during normal business hours from Monday to Friday.  A post office box address or parcel locker cannot be accepted.

(2)            Please provide clear delivery instructions within the "Special Delivery Instructions" area of the checkout.  Many of the products on our website are large and heavy in nature and may require special delivery arrangements.  It is imperative that you provide us with any special delivery details relating to your delivery address.  Should your delivery address be in an apartment block, high rise building, block of units or flats or have restricted access you must notify us at the time of order, so that special arrangements can be made if necessary.  We reserve the right to charge for any additional freight costs involved with making or fulfilling any special delivery arrangements.

(c)            Delivery Times

(1)            Once a product has been booked for delivery, you will receive an email that provides tracking details, or other information regarding the delivery.

(2)            Any delivery times on our website are estimates only.  Actual delivery times vary depending on the supplier’s location, type of product/s and your delivery address.  Smaller items are delivered by general carriers whose estimated delivery times are generally accurate.  Where possible an authority to leave will streamline the process.  Larger items go through a different delivery process requiring specialised carriers with longer dispatch and delivery times.

(3)            We endeavour to process and book your order for delivery as quickly as possible but there may be issues outside our control – for example, delayed manufacturing times, shipping delays to port, supplier warehouse issues and carrier schedules.

(4)            If your order contains multiple products then individual products may be delivered on different days, depending on the availability of freight carriers on any given day to facilitate the delivery.

(5)            To ensure that your items are delivered safely to your delivery address it is advisable to have someone there to be able to sign for the goods.  Your contact details and phone numbers are passed onto our logistic companies and they are requested to contact you in advance to advise of the anticipated date and approximate time of delivery.  If the authority to leave is appropriate, please include the relevant information on your order, or contact us to advise.

(6)            We will do everything possible to request that the logistic company contacts you in advance, but unfortunately we cannot be held responsible if they do not facilitate such a contact.

(d)            Acceptance of Delivery

(1)            Unless you have given a pre-arranged “Authority to Leave”, if there is nobody to sign for the goods when they are delivered by a general carrier they may leave a missed delivery advice card in your letter box advising of the failed delivery.  The goods will then be returned to their local depot and you will then need to make contact with the freight carrier directly to arrange an appropriate time for a re-delivery.  Goods will be stored at your risk unless otherwise agreed by our carrier.

(2)            In the event that a specialized furniture carrier has made delivery arrangements with the customer prior to delivery and the customer is not there to receive the goods, Sarfatti reserve the right to charge any applicable re-delivery fees.

(3)            Before signing as having received the products in good order please unpack and check the product/s for any faults or damage which may have occurred in transit.  If you have any concerns you must make the appropriate notes on the delivery cart note before signing it and ask the driver to initial your remarks.  If possible, please take a photo of the fault or damage immediately following the delivery.

(4)            You must notify us of any faulty or damaged goods within 24 hours of receipt of the goods by email:support@sarfiatti.com

(5)            If we receive your advice of any faulty or damaged goods we will liaise directly with our supplier/s to resolve the issue.  Please refer to the Returns Policy section 4.2 “How to Make a Claim” for more information.

(e)            Delivery Cannot be Completed

You are responsible for providing us with the correct delivery address. If you provide an incorrect address and as a result we are unable to successfully deliver your order to you after [21] days or [2] delivery attempts (whichever occurs sooner) we reserve the right to charge you any additional re-delivery charges or cancel your order and the provisions of section 4.4 of these Conditions will apply.  For this reason, it is vital that you ensure you have provided the correct address, email address and telephone number as we may use this information to contact you in the event we are unable to deliver your order.

(f)             Arranging Collection Yourself

You may arrange with us in advance of placing your order to collect your goods directly from our supplier either personally or using your own agent or carrier. If you do so, you (or your agent or carrier) must inspect the goods prior to collecting and loading them and may be required to sign an acknowledgement that such goods are in good order. You agree that we are not responsible for any damage which occurs after the time of collection.

(g)            Risk in Goods

All risk in supplied products will pass from us to you:

(1)            at the time of delivery to you; or

(2)            if you (or your agent or carrier) collects the products directly from, our supplier or carrier, at the time you, your agent or carrier (as applicable) collects the goods.

(h)            Insurance During Delivery

Transit insurance will be taken out by us and/or our suppliers to ensure that your goods are fully covered for any accidental damage or breakages that may occur during the delivery process until the time that risk in the goods passes to you under these Conditions.

3.8           PAYMENT OPTIONS

(a)            Payment of your purchases can be made as follows:

(1)            Visa

(2)            MasterCard

(3)            American Express

(4)            Paypal

(5)            Direct Deposit-EFT

3.9        TITLE TO GOODS

The ownership of products remains with Sarfiatti until full payment for all supplied products has been received by Sarfiatti (including but not limited to any delivery charges).

3.10        FORCE MAJEURE

We are not liable for any delay or failure to the extent caused by something outside of our control, including things such as an act of God, inclement weather, supplier or logistics failures or delays, customs delays, war, terrorism, strike or industrial action, fire, flood, storm or tempest.

 

4. RETURNS POLICY

4.1           LIABILITY

(a)            Our products come with guarantees that cannot be excluded under the USA Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  

(b)            Subject to section (a), to the full extent permitted by law (including under the USA Law), we exclude:

(1)            all other guarantees, warranties, conditions, and other terms whether express or implied and whether arising from statute, common law, trade custom or otherwise; and

(2)            all liability for loss of profits or revenue, loss of anticipated savings, loss of contract, loss of goodwill, loss or interruption of business, loss of data, and any other loss or damage of any kind.

(c)            Where any guarantee, warranty, condition, liability or other terms cannot be lawfully excluded then, to the extent permitted by law, our maximum liability to you is limited to the amount paid by you for the goods in question.

(d)            Except to the extent required by law (including the USA Consumer Law), we will only consider and, if applicable, provide a refund, replacement or repair if it has been claimed in accordance with the procedures set out in this Returns Policy.

4.2           HOW TO MAKE A CLAIM

We strive to ensure that our goods meet or exceed your expectations on delivery.  However, occasionally goods may not arrive in the condition that we intended them.  If you need to make a claim for a refund, replacement or repair in respect of goods supplied by us, please follow the procedures set out below.

(a)            If your products were damaged in transit

(1)            In the unlikely event that you receive an item that has been damaged in transit, please contact us via email:  support@sarfiatti.com within 24 hours of discovering the damage and include your order number, description of the issues and clear photographs showing the damage.  We will try to resolve the situation as soon as possible.

(2)            Without limiting any statutory rights you may have (including those referred to in section 4.1(a) above), we may, as an alternative to offering a replacement, provide an alternative solution such as:

(A)           contributing to the cost of having the item fixed locally based on quotations;

(B)           compensation for you to repair the item yourself;

(C)           giving you the item at a discount;

(D)           sending you replacement/missing parts at no charge;

(E)           offer a partial or store credit voucher or refund.

(3)            We will arrange for the collection and return of any damaged item which we have agreed to refund or replace at our cost.

(b)            If your goods have a manufacturer’s fault/flaw

(1)            In the unlikely event that you receive an item that has a manufacturer’s fault or flaw, please contact us via email:  support@sarfiatti.com  within 7 days of discovering the fault/flaw and include your order number, description of the issues and clear photographs that show the fault or flaw.  We will aim to resolve the situation as quickly as possible for you.

(2)            Without limiting any statutory rights you may have (including those referred to in section 4.1(a) above), we may, as an alternative to offering a refund or replacement, provide an alternative solution such as:

(A)           contributing to the cost of having the item fixed locally based on quotations;

(B)           compensation for you to repair the item yourself;

(C)           giving you the item at a discount;

(D)           sending you replacement/missing parts at no charge.

(3)            We will arrange for the collection and return of any faulty or flawed item which we have agreed to refund or replace at our cost.

(4)            Please note that we do not generally consider minor variations in colour, dimensions, finish or naturally occurring characteristics to be faults or flaws.

 

(c)            If the incorrect item has been delivered to you

Please contact us via email:  support@sarfiatti.com  within 24 hours of the delivery of an incorrect item.  We will arrange for the collection of the incorrect item and delivery of the correct item.  You will not incur any additional costs in this circumstance.  Your replacement item will be delivered to you within the normal delivery time frame for that item.  In the event the item ordered is unavailable, we will offer an alternative product, store credit or a full refund.

(d)            Faults and warranty claims

(1)            If an item arrives that is defective it will assist in any warranty claim if you take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 2 business days of your delivery.

(2)            We will not be responsible for:

(A)           insignificant minor imperfections or superficial blemishes;

(B)           damage, wear and tear as a result of improper or lack of maintenance and/or care (eg fabric, leather or timber);

(C)           insignificant minor variations in dimensions, colour, grain or finish;

(D)           normal wear and tear;

(E)           damage arising from improper assembly or modification;

(F)            damage caused by you or damage arising from abnormal use or abuse;

(G)           damage to external or product packaging only;

(H)           damage occurring during your own handling and transportation of the item.

(e)            If you change your mind

(1)            We do not generally accept “Change of Mind” returns, refunds or exchange claims.

(2)            In the event that you would like to return an item due to a change of mind, it must be discussed with one of our sales team within 48 hours of receiving the goods.  Any return on this basis is at ours’ and our supplier’s absolute discretion.  If agreed, you are to arrange your own freight back to the supplier at your cost and at your risk.

(3)            All items must be in perfect original condition and wrapped in all their original packaging for return.  In the event that the item/s is/are damaged during the delivery back to the supplier, a credit will not be provided.  We reserve the right to void the claim should the item/s not be in their original condition or packaging.

(4)            Returning items may also incur a re-stocking and administration fee which will be discussed with you prior to the return of the goods.

(5)            We reserve the right to only provide a store credit in exchange for returned goods.  That store credit will be valid for 6 months, unless otherwise advised by us at the time we are considering your claim.  The credit will include deductions for the actual delivery charge to originally deliver the item/s.  This may vary from the charge on your original order as freight charges are subsidised by us.

(6)            Please note we will not consider any “Change of Mind” return request for:

(A)           special order items;

(B)           items that are made to order;

(C)           gift cards;

(D)           items which we reasonably consider were purchased for commercial use or non-domestic use.

5.             PRIVACY POLICY

5.1           INTRODUCTION

Sarfatti recognizes the importance of protecting your privacy.  We understand that protecting your privacy is important to obtaining and holding your trust.

 

This Privacy Policy details the information we collect about you and outlines the steps we take to protect the information that you entrust to us.

We may update our Privacy Policy from time to time.  We advise you to review this page periodically for any changes.  Updates take effect immediately after they are posted on this page.

 

5.2           WORDS WITH SPECIFIC MEANINGS

(a)            In this privacy policy:

(1)            ‘personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not;

(2)            ‘We’, ‘our’, ‘us’ or ‘Sarfiatti’ means Muuvi Advertising SRL, trading as Sarfiatti, and its related entities;

(3)            ‘You’ or ‘your’ means individuals who we collect and hold personal information about, such as purchasers of our products, our own service providers and other contractors, job applicants, and any other individuals who we receive or hold personal information about.

5.3           WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

(a)            We generally collect the following types of personal information about you:

(1)            your name and contact details;

(2)            some personal details, such as your address and credit card details;

(3)            your order history, preferences and location;

(4)            demographic or interest-based information about your browsing habits (refer to section 5.9 below for further information); and

(5)            any other information that you supply to us when you deal with us (for example, the information you give us when you place an order on our website).

(b)            We may collect other types of information about you, depending on our specific relationship to you (for example, if you are our supplier, we may collect other types of personal information about you in connection with our supply arrangement).

(c)            We generally collect this information from you directly (for example, through your access and use of our website).  We may also collect information about you from our service providers and logistics partners (for example, information that our delivery drivers obtain from you or purchased from Google Analytics).

5.4           DEALING WITH US ANONYMOUSLY

You have the option of not identifying yourself or using a pseudonym when dealing with us, unless we are required by law or a court or tribunal to deal with individuals who have identified themselves or it is impractical for us to deal with you if you have not identified yourself.

5.5           WHY DO WE COLLECT, USE, HOLD AND DISCLOSE YOUR PERSONAL INFORMATION?

(a)           We generally use your personal information in order to provide you with products and services that you have requested, operate our business, notify you of products, services and special offers that may be of interest to you (e.g. marketing) and to comply with any legal or regulatory obligations imposed on us.

(b)           We also use your information for communicating with you regarding your order, responding to any cancellations or claims which you may make under our Returns Policy and for processing the payment for items you have purchased from us.

(c)           We will generally only disclose personal information we hold to:

(1)            our suppliers to facilitate the ordering and delivery of your items;

(2)            our logistics partners to allow for the delivery of your order and processing your payment;

(3)            our service providers (e.g. payment processors, marketers, IT specialists and website developers) who assist or advise us in connection with our business;

(4)            our related entities connected to our business for purposes such as marketing, data analysis and reporting; and

(5)            to any current or prospective purchaser or financier of our business and its professional advisers on a confidential basis, to the extent it is relevant to their assessment of our business.

5.6           HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?

(a)             Subject to certain exceptions (for example, if it would have an unreasonable impact on the privacy of others), you will be able to gain access to personal information about you held by us. Please contact us if you would like to access your personal information.  We may need to charge a fee for facilitating access, which fee will not be excessive.

(b)            If you become aware of any errors or omissions in respect of personal information we hold about you, please contact us so that we can correct your information.

5.7           HOW CAN YOU OPT OUT OF DIRECT MARKETING?

You can opt out of receiving direct marketing material from us at any time by contacting us or following any opt-out instructions included in the marketing material.

5.8           HOW DO WE STORE AND SECURE YOUR PERSONAL INFORMATION?

(a)              Protecting your personal and order information is a priority at Sarfatti. We want you to be able to order from us with confidence.

(b)            We will take reasonable steps to keep the personal information that we hold about you secure to ensure that it is protected from loss, unauthorised access, use, modification or disclosure. We use a secure transaction environment. All credit card payments are processed using a premium e-commerce payment gateway.

(c)             We use our best efforts to ensure that information received through the Sarfatti website remains secure within our systems. However, users should be aware that there are inherent risks in transmitting information across the Internet.

5.9           GOOGLE ANALYTICS AND REMARKETING

(a)            We use remarketing with Google Analytics to advertise online.

(b)            Third-party vendors, including Google, may show you ads on sites across the Internet using remarketing information.

(c)            Sarfatti and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to your website.

(f)             We may use data from Google's interest-based advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics to optimize its advertising capabilities.

5.10           MAKING A COMPLAINT ABOUT A BREACH OF YOUR PRIVACY RIGHTS

 

5.11           CONTACT US

If you have any privacy-related queries or wish to request access to your personal information or make a complaint about possible breaches of privacy, please contact us at:

Sarfiatti - Muuvi Advertising Srl Romania

 

support@sarfiatti.com