TERMS OF USE AGREEMENT

Welcome to Designtra! Please read carefully Designtra´s terms of service and use agreement. The information as follows means the contract between you and Designtra when you use Designtra's site and services. If you have any questions or suggestions, please feel free to email us at info@designtra.com.

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions (the "Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in the “Notifications” section of this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

USE OF OUR SERVICE

Eligibility

You may use the Service only if you can form a binding contract with Designtra, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at info@designtra.com. The Service is not available to any Users previously removed from the Service by Designtra. Designtra reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

Designtra Accounts

You must create an account at Designtra in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Designtra immediately of any breach of security or unauthorized use of your account. Designtra will not be liable for any losses caused by any unauthorized use of your account.

By providing Designtra your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings at http://designtra.com/settingsOpting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details. This price list cancels and replaces all previous ones.

Service Rules

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the DESIGNTRA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Designtra grants the operators of public search engines revocable permission to use spiders to copy materials from Designtra for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Designtra Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Designtra, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement, which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other Designtra Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Designtra shall have no liability for your interactions with other Users, or for any User's action or inaction.

END USER LICENSE GRANT

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. DESIGNTRA reserves all rights not expressly granted herein in the Service and the DESIGNTRA Content (as defined below). DESIGNTRA may terminate this license at any time for any reason or no reason.

PRIVACY

We care about the privacy of our Users. Click here to view our Privacy Policy, which is incorporated herein by this reference. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States in accordance with our then-current Privacy Policy.

SECURITY

DESIGNTRA cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. 

Offers and Orders

Our offers are not binding; orders, contracts, verbal and telephone agreements or those transmitted by agents must always be confirmed in writing by Designtra, Inc. With the first order the buyer undertakes to acknowledge our general sales and payment conditions also for subsequent orders. Purchase conditions contrasting with our own sales conditions are not accepted.

GENERAL SALES TERMS

Order modification or cancellation

Customers can modify or cancel the order within 24hs, before the payment is processed. Otherwise they will be penalized by 50% of the order´s value.

Prices

Unless otherwise agreed upon, our prices are those stated in the price list in force and are understood as being ex works. Should, at the time of delivery, there be considerable increases in the price of raw materials or currency, Designtra, Inc is entitled to review prices in proportion to said increases. Should these new conditions be too burdensome, the buyer is entitled to withdraw any claims for compensation with regard to Designtra, Inc.

Payment

Payment shall be made in compliance with the conditions and terms agreed on. Delays in payment are not accepted even if the buyer claims to have com- plaints or rights thereto. At the first late or missed payment of installments - according to the terms set forth in the contract - the buyer shall automatically lose the benefit of the terms agreed upon and Designtra Inc. can, in its own unquestionable judgment, decide to either recover the unpaid amount or to request the entire amount still outstanding. In case of deferred payments by means of drafts, cash orders or other methods of payment, costs charged to us by our banks shall be debited to the buyer.

Interests

In case of late payment interests on arrears shall be charged at the current discount rate increased by 5%.

Dimensions, Shades and Samples

Wood is natural product and therefore the dimensions and shades of parquet are to be considered as indicative and not binding. Samples and materials on show in showrooms, fairs and stands are to be considered approximate and cannot bind the company as concerns the dimensions, shades and grain, since these may vary from batch to batch. The dimensions of the parquet, even if specified, are purely indicative. No specific commitments are taken for the dimensions. Any request for fixed measurements shall be subject to a 10-20% price increase. Designtra, Inc delivers the ordered quantities adapting them to packaging.

Delivery Times

The delivery times stated in the order confirmations are to be considered as indicative and never binding. Events of force majeure (power cuts, lack of raw materials, means of transport, missed or late payments, etc.) authorize Designtra, Inc to suspend or cancel supplies. Designtra, Inc is not responsible in case of deliveries of merchandise over and above the terms agreed on.

Shipping

  • All Rates are subject to Agility Terms and Conditions.  All of Agility’s applicable terms and conditions are available at www.agilitylogistics.com at:

    i. The “Your Country” tab,

    ii. The United States flag,

    iii. The “Country Profile” link and 

   iv. The “Applicable Terms and Conditions” link.  Customer agrees that such     terms and conditions are binding and shall govern all shipments and other transactions in which Agility’s services are provided.

  • Rates are calculated in USD and subject to Current Rate of Exchange as per www.oanda.com + 4% Currency Adjustment Factor.
  • Should Carriers Implement any Additional Surcharges, these costs will be passed through at cost with a 30-day advance notification of new charge items.
  • Duty and Tax is provided as an estimate; any exam or other fee's imposed by Customs will be passed through at cost.
  • Bond Fees not included, if applicable.
  • Delivery Rates are based on "curb side" service.  Extras such as lift gate, indoor delivery, etc. are not included in this calculator.  Delivery Rates are based on ‘Curbside Service’ – Lift Gates (if needed) would be an additional charge of 45 USD (flat fee).

Transport

Materials are delivered ex-works or ex-Sassuolo and, while Designtra, Inc accepts the cost of transport, it is understood that the goods are loaded and travel at the buyer’s risk also in case of carriage paid delivery. Any losses or damages to the materials are always charged to the consignee, who shall claim compensation on the carrier.

Irregular Material

Any irregularities in the material shall be checked and notified before installation. Partial returns shall not be accepted, therefore should defects be found on a part of the goods supplied then the entire batch must be returned. No claims shall be accepted after installation.

Claims

Checks and testing of the material must be carried out on reception of said material: any claims including those concerning degree of humidity, grade, color and hue, shall only be presented by registered letter with return receipt within 8 (eight) days from the date of delivery of goods. No claims shall be accepted for the material already installed. The use of material by purchaser is to be understood as goods accepted, also as far as quality is concerned.
If defects are discovered during installation on site, the buyer shall immediately stop installation and inform Designtra Inc. immediately, otherwise all rights shall be forfeited. However, Designtra, Inc shall only be responsible for collecting and replacing the material found to be faulty. Any claims or disputes shall not entitle the buyer to suspend or delay payments.

Returns

Materials ordered are sold in full, even in case of excess material once installation has been completed. Any returns of goods, if agreed upon in writing with Designtra, Inc at the time of the acceptance of the order, are accepted only if returned ex-our warehouse in Marotta, Italy.

Arbitration; Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

  

Last modified on May 15, 2013.