TERMS OF SALE

These Terms and Conditions shall apply to all sales purchased from StudioDanielK. By purchasing or placing an order with StudioDanielK, you are agreeing to the following terms and conditions:

I. DEFINITIONS

In this document, the following words shall have the following meanings:

- "Buyer" means the person who buys Goods.

- "Seller" refers to StudioDanielK.

- "Goods" means the product to be supplied to the Buyer by the Seller.

II. GENERAL

These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered, or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by both parties.

III. PAYMENT

Payment in full to the Seller is required prior to the release of Goods to the Buyer.

IV. PRODUCT

Where a sample of the Goods is shown, the parties hereto accept that such a sample is representative in nature and may not be the exact product and may differ slightly as a result of the custom production process. All products are handmade, therefore creating a one-of-a-kind custom piece and look; no two items will be identical.

Lead times are estimates and not guaranteed. Lead times do not include shipping time.

Custom orders vary in production time; production times are not guaranteed. Rush orders are subject to limited samples, changes, and other requests in order to meet the requested deadlines. All requests may affect the agreed-upon finish date.

V. DELIVERY

Unless otherwise agreed in writing, delivery of the Goods shall take place at the listed shipping address on the invoice.

Delivery of Goods is fulfilled by a third party and is not under the control or responsibility of the Seller. Please see shipping notes prior to payment.

The Seller shall make the best effort to assist with shipping; however, the Buyer agrees all shipping is out of the Seller's control.

The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected, and the Buyer shall be liable for any expense associated with such storage. Items stored longer than 90 days shall be considered abandoned property and disposed of.

Crates must be opened and inspected upon delivery; any damages due to shipping are not the responsibility of the Seller and should be reported to the Seller within 48 hours of signed receipt to enable coverage of insurance.

Any repairs not covered by insurance due to failure to report damages in a timely manner or Buyer error in opening or storage of packaging may be subject to additional charges.

Damages to the Buyer’s delivery location from Goods sold by the Seller are not the responsibility of the Seller and shall be covered via the shipping company or third party. Coverage shall be subject to the third party shipper's terms and conditions and is not the responsibility of the Seller. The Buyer shall hold the shipper or third party responsible for any damages to the receiving location and hold the Seller harmless from all damages.

VI. RISK

Risk in the Goods shall pass to the Buyer upon receipt of the Goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

VII. TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

VIII. RETURN OF GOODS

Because of the custom and handmade nature of the products, all Goods are made to order and sold on a firm sale basis, i.e., the Seller will not take back any Goods sold to the Buyer.

IX. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, earthquakes and weather events, strikes, lockouts, accidents, war, fire, pandemic/endemic/disease, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the purchase, and the Buyer refunded for any deposit made excluding materials already purchased.

X. SEVERABILITY

If any term or 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 invalid, illegal, or unenforceable provision eliminated.

XI. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Italy.