TERMS & CONDITIONS
- DEFINITIONS
- “Customer” means the individual or organization that buys or agrees to buy the good from NORDST;
- “Contract” means the contract between NORDST and the Customer for the sale and purchase of Goods, including these Terms and Conditions;
- “Goods” means the products that the Customer agrees to buy from NORDST;
- “NORDST” means the selling party. It also might be referred by the terms “we”, “us”, “our”;
- “Purchase Agreement” refers to the document headed as “INVOICE” issued by NORDST, describing the order executed by the Customer;
- “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed to in writing by NORDST.
- CONDITIONS
- These Terms and Conditions shall prevail over any other documentation or communication from the Customer.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall not apply unless agreed in writing by NORDST.
- ORDERING
- All Purchase Agreements shall be binding between the Customer and NORDST for the Customer to purchase Goods from NORDST pursuant to these Terms and Conditions.
- PRICE AND PAYMENT
- The final price of the Goods shall be stated as the total in the Purchase Agreement.
- Total price expressed in the Purchase Agreement does not include delivery and installation fees, only when it is included in the details of the purchase agreement.
- Payment of the price (including VAT and delivery fee) must be made in full before the Goods are sent out for delivery.
- NORDST reserves the right to change its prices from time to time, and without prior notice. The final price shall be that agreed in the Purchase Agreement. Where NORDST uses different pricing for its products this shall not affect the price as therein agreed.
- All NORDST clients, regardless of the nature of their business, must promote and sell the products no lower than the Suggested Retail Price as shown on the Retail Price List.
- WARRANTY
- The Goods shall be covered by one year warranty, such period to start from the time of delivery.
- To make a claim, the Customer must provide and send to following to NORDST:
- Pictures of the issue; and
- A full and clear description of the issue or problem.
- The warranty does not cover:
- Damage arising from abnormal use, or abuse;
- Products which have not been maintained, or have been modified;
- Natural characteristics of marble, including but not limited to:
- Patterns,
- Efflorescence and stun marks,
- Yellowing and yellow lines,
- Fissures
- Damage on packaging;
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- Insignificant minor variations in dimensions, color, or finish; and
- Very minor superficial blemishes.
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- When the issue or problem is a direct result of a failure of the manufacturing process or materials, the Goods shall be repaired by NORDST at our expense.
- When the Goods are not capable of repair, or have already been repaired and remain defective or damaged, the Customer shall be entitled to a replacement (including delivery costs) or further repair of the defect or damage at NORDST’s expense.
- The warranty shall only extend to Goods remaining at the original delivery address. The original address shall include the final destination where the Goods were unwrapped.
- CUSTOMIZATION
- NORDST may accept, at its discretion, changes of measurements in some of its designs, according to Customer’s specifications.
- NORDST is not responsible for appearance, quality tests, disproportions, stability, or any other minor or obvious structural defect caused by changes in standard sizes and shapes.
- ONLINE STORE
- The Client is not allowed to sell NORDST products in any online platform or online store unless otherwise agreed.
- In case the Client has been granted to sell in their online store, they are only allowed to promote the products that have been previously purchased by them.
- Any special promotion the Client wants to include in their store needs to be previously requested to NORDST for its approval. The promotion must be limited by a period of time and/or a certain number of pieces.
- DELIVERY
- Goods to be delivered within Shanghai will normally be delivered within 5 weeks after the date on the Purchase Agreement.
- Shall the delivery time be more than this period; NORDST is responsible for contacting and informing the Customer about the delay. This will not change the price agreed.
- Title and risk of the Goods to be delivered within Shanghai shall pass to the Customer upon delivery of the Goods.
- Title and risk in Goods shall not pass to the Customer and shall not be delivered until NORDST has received payment in full.
- Title and risk in Goods to be delivered outside Shanghai but within the People’s Republic of China (PRC) shall pass to the Customer upon delivery. Goods so delivered shall be delivered at the Customer’s expense and NORDST shall organize such delivery unless the Customer agrees to do so.
- NORDST shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of failure to meet an estimated delivery date.
- The Customer shall ensure that access to delivery area is clear and unobstructed prior to delivery. If access is not clear, the Customer shall be responsible for getting the furniture from the closest point possible by the delivery vehicle to the delivery site.
- If the delivery vehicle is forced to return the Goods and re-deliver, the Customer shall be liable for additional expenses.
- Damages in Customer’s property and goods occurred at the moment of delivery and installation by NORDST’s staff caused by obstructions in the area, are not responsibilities of NORDST.
- In the event of damage at the point of delivery, the Customer shall indicate the condition of the Goods including details of the damage within 2 days after receiving the Goods. In case no notification is made during this period, NORDST will consider the Goods accepted by the client.
- The delivery man shall wait if necessary while the Customer unwraps and inspects any packaged Goods.
- DAMAGE AND RETURN
- Good to be returned must clearly show the order number obtained from NORDST on the Purchase Agreement.
- Where returned Goods are found to be damaged due to the Customer’s fault, the Customer will be liable for the cost of remedying such damage.
- After agreeing in the good condition of the delivered Goods, the Customer shall not be entitled to reject the Goods except where a defect only becomes apparent after a reasonable period of time limited to one month.
- LIMITATION OF LIABILITY
- In the event of any breach of these Terms and Conditions by NORDST, the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the price of the Goods and NORDST shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- FORCE MAJEURE
- NORDST shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications or computer systems, breakdown of plant or machinery or shortage of raw materials from a natural source of supply, and NORDST shall be entitled to a reasonable extension of its obligations.
- SEVERANCE
- If any provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the relevant provision eliminated.
- When any provision falls under provision 10.1, NORDST is responsible to look for legal advice in order to express but keep the essence of such provision.
- CHANGES TO TERMS AND CONDITIONS
- NORDST shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Customer upon entering a Purchase Agreement.
- GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and interpreted in accordance with the law of the People’s Republic of China, and the parties hereby submit to the exclusive jurisdiction of the courts thereof.
By making 1st payment or any payment related to a Purchase Agreement, the Client is accepting all dispositions in this document.