Terms and Conditions
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the siteplace an ordersubscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Devis Capodimonte LLC collects and uses Users personal information for the following purposes:
- To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emailsThe email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Compliance with children’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
DEVIS CAPODIMONTE LLC
Master Purchase Agreement
This Master Purchase Agreement (this “Agreement”), is between Devis Capodimonte LLC, a Texas limited liability company (hereinafter “Seller”) and the Buyer (defined below at the end hereof). Buyer and Seller agree as follows:
- Master Agreement. This Agreement is a master agreement between the parties that establishes the terms and conditions that shall apply to every present and future sale of Products (as defined below) to Buyer by Seller. The parties agree that this Agreement shall apply to any purchase order or document hereafter issued by Buyer for acquisition of Products if Seller fills the order or sends an invoice to Buyer with respect thereto, regardless of whether or not Buyer or Seller countersigns such purchase order or other ordering document.
- Definitions. (a) The term “Buyer” shall mean in each instance, the company, business entity, or individual which or who enters into this Agreement for the purchase of Products, which is specifically identified on the last page of this Agreement. (b) The term “Products” shall mean those goods specified or ordered by Buyer and sold by Seller such as Capodimonte ceramics, decorative items or furniture.
- Title to Products. In the event Products are shipped by Seller to Buyer on consignment for sale to third parties, title to such Products shall remain in Seller until such Products are sold by Buyer in the regular course of business, except that Buyer as consignee shall be responsible for all shortages of stock, and shall bear the risk of loss.
- Delays. Failure of Seller to make any shipment of Products hereunder, if occasioned in whole or in part by: act of God; actions or inactions of Buyer; fire; explosion; flood; severe weather; delays of carriers; strikes; or any occurrence, act, cause or thing beyond the control of Seller, shall excuse any such failure on the part of Seller. Any delay resulting from any such cause shall extend shipping dates. Seller shall in no event be liable for any direct, indirect, special, incidental, or consequential damages arising from any such failure irrespective of the reason thereof, and receipt by Buyer shall constitute acceptance of delivery and waiver of any claims due to delay.
- Payment. The prices offered by Seller are in US Dollars and are due and payable in Killeen, Texas at the times specified by Seller. Unless other arrangements are made, payment must be made by Visa or MasterCard. Buyer does hereby authorize and grant Seller the right to charge Buyer’s credit card for the full purchase price set forth in any purchase of Products made by Buyer hereunder. The amounts due for each order shall not be subject to any offset or back charges for any reason whatsoever. If Buyer does not make full payment of said invoice amount within the period specified herein, Buyer will be liable to Seller for, in addition to the unpaid principal amount of said invoice: (a) all costs and expenses of collection incurred by Seller, including without limitation, reasonable attorneys’ fees and court costs and (b) interest on the unpaid balance of said invoice amount at the lesser of one and one-half percent (1½%) per month or the highest interest rate permitted to be contracted for, charged or received without penalty or forfeiture under applicable law, commencing on the due date until paid. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, AT THE SOLE DISCRETION OF SELLER AND REGARDLESS OF THE REASON THEREFOR, SELLER MAY REQUIRE (AT SELLER’S OPTION) FULL PAYMENT, LETTER OF CREDIT, POST DATED CHECKS WHICH SELLER CAN UNCONDITIONALLY NEGOTIATE, OR OTHER SATISFACTORY SECURITY AT ANY TIME BEFORE SHIPMENT OF PRODUCTS.
- Limited Warranties; Remedies. Seller warrants that furniture Products which have been paid for by Buyer will be free from defects in materials for a period of ninety (90) days from the date of delivery to Buyer and Seller will pass on to Buyer any manufacturer’s warranty, if applicable; provided, however, Capodimonte ceramics and decorative items are supplied without warranty of any kind. The warranty hereunder granted does not apply to Products or components that have been subjected to misuse, improper storage or protection, negligence, accident, exposure to the elements, to moisture and to chemicals. Seller’s obligation under this warranty is strictly limited to: (a) repair, or replacement, at Seller’s option, of any defective unit of Products, or (b) refund to Buyer of the purchase price allocable to the defective unit of Products if Seller is unable to repair, replace or correct such defect in a reasonable time. Seller’s liability under this warranty is conditioned upon Buyer giving Seller immediate (but in any event within seventy-two (72) hours) written notice of any such defect, and provided further, Buyer shall not return any Products to Seller without Seller’s prior written authorization as set forth in Section 8. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH ABOVE, SELLER DOES NOT PROVIDE TO BUYER ANY OTHER WARRANTY WITH RESPECT TO THE PRODUCTS AND THAT THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES BY SELLER OF ANY NATURE OR KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED BY SELLER, EVEN IF SELLER IS AWARE OF BUYER’S INTENDED USAGE OF THE PRODUCTS.
- Exclusion of Damages; Limitation of Liability. In no event shall Seller be liable to BUYER FOR any special, exemplary, punitive, indirect, DIRECT, incidental or consequential damages or loss. Subject always to the foregoing sentence, the total liability of Seller for any form of damages arising from any cause of action, suit, proceeding, or claim whatsoever, shall in no event exceed the price allocable to and paid to Seller for the individual unit of Products or part thereof which gives rise to the cause of action, claim or damage.
- Returns; Cancellation. All sales are final, and no Products may be cancelled or returned without prior written authorization from Seller. All returns of Products that are defective must be made within seventy-two (72) hours of receipt and must contain Seller’s return authorization form. Seller shall have the right to cancel the sale of any or all of the Products sold hereunder, without liability to Buyer except for the refund of monies already paid hereunder, in the event manufacture or sale of the Products is or becomes economically impractical.
- Shipping; Risk of Loss. Capodimonte ceramics and decorative items are fragile and Buyer must purchase adequate insurance coverage before shipping. Buyer bears all risk and liability for loss, damage or destruction of the Products from and after the time said Products are delivered to the carrier for shipment to Buyer and regardless of whether or not Buyer may have the right to reject or revoke acceptance of said Products.
- Governing Law. This Agreement is made pursuant to, will be construed under, and will be conclusively deemed for all purposes to have been executed and delivered under the laws of the State of Texas, U.S.A., without giving effect to the principles of conflicts of law thereof. If Seller or Buyer shall commence any action or proceeding against the other party, each of Buyer and Seller agree that the state and federal courts sitting in Bell County, Texas, U.S.A. shall be the sole and exclusive forum and venue for any such matter, and Buyer and Seller each hereby irrevocably consents and submits to the exclusive personal jurisdiction of said courts.
- Counterparts and Exchanges by Fax or E-mail. This Agreement may be executed in two (2) counterparts, each of which will be considered an original, but all of which together will constitute one and the same agreement. The exchange of a fully executed Agreement (in counterparts or otherwise) by E-mail or Fax shall be sufficient to bind the parties to the terms and conditions of this Agreement and shall be as effective as execution and delivery of a manually-executed counterpart of this Agreement. This Agreement is effective upon delivery of one executed counterpart from each party to the other party.
- Entire Agreement. This Agreement, together with any subsequent schedules, exhibits and purchase orders constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior understandings, agreements, representations or statements of any kind, oral or written, that may be related to the subject matter hereof in any way, and shall govern all Products which may be procured by Buyer via a purchase order or other purchasing document agreed and executed by the parties hereto, it being understood and agreed that any such purchase order or other purchasing document will contain terms and pricing descriptive of the Products then being sold. Additionally, the parties specifically agree that any language or provisions contained on Buyer’s purchase order or ordering document submitted to Seller or payment issued by Buyer, shall be of no force and effect and shall not in any way supersede, modify or amend this Agreement, unless such document is executed by both parties and expressly states that it is meant to modify this Agreement.
- Termination. Either party may at any time terminate this Agreement on thirty (30) days written notice to the other party, which termination shall not cancel any accepted orders unless otherwise agreed by the parties. This Agreement may be terminated immediately by either party upon written notice, if the other party: (a) is in breach of any term or condition of this Agreement and does not cure such breach within ten (10) days after being given written notice thereof, or (b) ceases to be actively engaged in business.
Intending to be legally bound, the authorized signatories of the parties have set forth their signatures and this Agreement is effective as of the date of Seller’s signature shown below (the “Effective Date”).
_______________________________________ (“Buyer”) Devis Capodimonte LLC (“Seller”)
(Insert Full Legal Name of Buyer)
By: ____________________________________ By: ___________________________
Title___________________________________ Title: _________________________
Date___________________________________ Date __________________________
Address: ____________________________________ Address: 4700 Triemer Road, Suite F
Killeen, TX 76542
Fax Number: _____________________________
- Notice. Any notice required to be given by this Agreement or otherwise by either party, shall be given in the English language and shall be considered properly and timely given when sent by air express, air courier or first class, registered or certified air mail return receipt requested, postage prepaid, and addressed to the other party at the address set forth above or to such other address as may be designated by either party from time to time to the other party. Any notice communicated by either party hereto to the other by means of E-mail, shall also be deemed as properly and timely given when the E-mail notice is sent.