TERMS - Hemonides.com
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TERMS

 

TRANSFER OF RISK

If the Purchaser is a business owner, the risk of the good’s destruction or damage is transferred to the Purchaser upon handover to the Purchaser or, in the case of sale by dispatch, the transport carrier or other person or entity designated for shipment. If the Purchaser is a consumer, transfer of risk occurs solely with handover to the Purchaser, also in the case of sale by dispatch. The Purchaser’s default of acceptance stands equal to handover.

 

LIMITATION OF LIABILITY

Within simple negligence, our liability is restricted to breaches of fundamental duties, which enable the contract’s fulfillment and to which the Purchaser may rely on our compliance. In such an event liability is restricted to the typically foreseeable damages. If the Purchaser is a business owner, our liability within slight negligence does not involve breaches
of fundamental duties. This limitation of liability does not apply to the product liability, damages caused by intent or gross negligence, bodily injury or damage to health or loss of the Purchaser’s life, as well as fraud.

 

DAMAGE CLAIMS

Upon the Purchasers partial or total refusal to fulfill contract duties, HEMONIDES shall be entitled to rescind the contract and claim damages.

 

CLOSING PROVISIONS

All contracts and relations shall be governed by the laws of the Republic of Cyprus and for any type of dispute, which derives or is connected with this contract or related transaction between the parties full jurisdiction is given to the Courts of Cyprus.

 

If the Purchaser is a business owner, a legal entity under public law or special fund under public law, the place of jurisdiction as well as place of fulfillment concerning any disputes with regard to the present terms and conditions, the order and the supply of goods thereunder shall be Nicosia, Cyprus, regardless of the Purchaser’s legal domicile being in Cyprus or abroad as well as known or unknown.

 

The invalidity or unenforceability of any provisions of these terms and conditions shall not affect the validity or enforceability of any other provision of these terms and conditions, which shall remain in full force and effect. Upon such determination that any term or other provision is invalid or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms and conditions so as to the effect of the original intent of the parties as closely as possible in an acceptable manner to the end that transactions hereby are fulfilled to the extent possible. The same applies in the event of an unforeseen gap in the provisions.

 

STORAGE FEES 

Purchaser will receive notification from HAA as to the date merchandise will be available for shipment. All orders will be shipped as ready. If Purchaser is unwilling or unable to accept delivery of merchandise, HAA may transfer merchandise to storage. Purchaser is responsible for the cost of such storage and shall bear the risk of loss or damage to merchandise during such storage, as well as during delivery of same. Additional storage fees will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.

 

METHOD OF SHIPMENT/DELIVERY

Unless HAA is otherwise notified by Purchaser’s written instructions, freight arrangements shall be made by HAA on Purchaser’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes, and similar charges are in addition to the stated purchase price. All charges are PROFORMA and will be included on the final balance due notice. If the customer chooses to manage their own freight and delivery, HAA must be notified of the specific details of the movement. The fee to move the product from a manufacturer to a terminal for “customer’s own” pick-up will be added to the balance due. All products are moved through a Bill of Lading (BOL). The location of the pick-up by the client or the client’s agent may trigger sales tax responsibility at that location.

 

 

WARRANTY

The guarantee period amounts to two years for newly produced goods and one year for used goods. The guarantee covers all structural elements of our furniture including frames, timber, structural stability and joints.

 

This warranty does not apply to:

  • Damage caused by a carrier other than the Seller (for commercial orders only).
  • Normal wear and tear or acts or omissions of parties other than Seller (including user modification, improper use or installation of Products).
  • Use by persons weighing more than 110 kg.
  • Damage caused by outdoor use.
  • Dramatic temperature variations or exposure to unusual conditions.
  • Changes in surface finishes, including colorfastness due to aging or exposure to light.
  • Natural variations occurring in wood and leather shall not be considered defects, and the Seller does not guarantee the colorfastness or matching of the colors, grains or textures, or surface hardness of such materials.
  • Unusual atmospheric or environmental conditions.
  • Abnormal use of textile including cuts, spills, or other misuse of product.
  • Upholstery fabric (limited warranty based on manufacturer’s specifications)
  • Defects that result from negligence, misuse, or accidents.
  • Any condition resulting from incorrect or inadequate maintenance, cleaning or care, or commercial use.
  • Any condition resulting from other than ordinary residential wear or from any use for which the product was not designed.
  • The softening of filling materials under normal use.