The Agreement between Customer and Giovanni’s Tile Design is subject to availability of the Products to be supplied. No other terms apply to the Agreement unless either agreed in writing or agreed orally and confirmed by a replacement Invoice delivered to Customer by hand or by electronic mail. For custom made or custom fit products such as kitchen or closet cabinetry, bathroom projects, facades projects, or other custom made or custom fit products (“Custom Orders”) a separate agreement may apply.

Price And Payment:

Unless stated otherwise, all prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The Invoice sets out the price and terms for payment and the amounts of any deposits. For retail clients, full payment of the invoice is due before placing the order. For installation services, full payment of materials is required to reserve the items on an order, and a payment schedule for the labor will be outlined by the sales associate and given to customers for approval. In the case of Special Orders and Custom Orders, unless otherwise agreed, one hundred percent (100%) shall be required to place an order for an item. During Annual Sales or other promotional sales, payment in FULL is required for ALL

Products to qualify for sale pricing: 

Payment shall be considered effected when it is available for Giovanni’s Tile Design. In the case of checks, payment shall be deemed effective when such checks have been cashed. The payment terms are fundamental to the Agreement and any breach of those terms by the Customer terminates the Agreement.

Review Your Order:

The customer shall confirm that the Sales Order contains full and accurate information on the ordered Products, especially product, price, quantity, payment, and delivery information. Giovanni’s Tile Design’s assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide Giovanni’s Tile Design with accurate information. Giovanni’s Tile Design shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customers should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.

Delivery:

Giovanni’s Tile Design will provide the Customer with an ESTIMATE of arrival of the  Product. Once the Product is ready for delivery Giovanni’s Tile Design will inform the Customer and provide him/her with the available delivery dates. Giovanni’s Tile Design will make its best efforts to reach the estimated date, but the actual delivery date could exceed it due to circumstances beyond Giovanni’s Tile Design’s control. Notwithstanding the above, Customer may always be able to reach Giovanni’s Tile Design for re-schedules and questions about the status of an order.
The customer is responsible for providing Giovanni’s Tile Design with a valid and accurate shipping address. Once delivery is confirmed, any failure by Customer to abide by the delivery schedule will result in re scheduling fees to Customer. In the event Giovanni’s Tile Design makes a delivery attempt and the Customer fails to receive, the Customer shall assume the extra cost of the failed delivery in addition to the valid one.
Delivery fees change depending on location Giovanni’s Tile Design is not responsible for damages to items that were not properly removed prior to the delivery arrival.  The delivery crew is not authorized or insured to move items other than the Product being delivered. The delivery crew is not authorized or insured either to mount or drill any items on your wall, nor to connect or disconnect any media equipment. Customer is responsible to make sure that the
access to the site into which the items are to be fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. For retail deliveries, Giovanni’s Tile Design will only deliver to the customer’s garage or driveway with no exception. At no moment shall Giovanni’s Tile Design bring the Product inside the property for a retail sale. Customers must also provide the delivery vehicle with reasonable access to park and deliver or give Giovanni’s Tile Design sufficient notice for reasonable arrangements for making deliveries.

The customer agrees to sign a delivery note as proof of delivery:

Customers shall notify Giovanni’s Tile Design no less than 48 hours prior to scheduling a pick-up at Giovanni’s Tile Design’s warehouse. Giovanni’s Tile Design shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, fire, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, Giovanni’s Tile Design shall not be responsible for any labor charges, installation, or other consequential losses or incidental damage arising from such delays. It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition
without any obvious damage and delivered in the quantities exhibited on the order. Damages shall be reported as indicated below.

Failure To Take Delivery:
(A) If Customer fails to take delivery of any Product by the later of (i) 180 days from the scheduled delivery date Customer provides to Giovanni’s Tile Design or (ii) 30 days after Giovanni’s Tile Design notifies Customer that the Product is available to take delivery, the product will be placed into a storage facility. The Customer shall be required to pay a storage fee of $200 ($50 per week) per pallet on the first day of each calendar month following such a scheduled delivery date. Giovanni’s Tile Design shall not be required to release any stored

Product to Customer until all accrued storage fees and any outstanding balance under the subject Sales Order are paid. The risk of loss or damage shall be transferred to Customer upon placement of Product into storage.

(B) If Customer fails to take delivery of (i) any Product stored pursuant to part (A), above, within 180 days of its having been placed into storage or (ii) any special order Product or Product fabricated specifically for Customer within 180 days after it is made available for delivery to Customer, Giovanni’s Tile Design may cancel the subject Order for Customer’s breach of contract and liquidate, sell or otherwise dispose of the subject Product in its sole discretion without having to account to Customer. Giovanni’s Tile Design may apply any partial payment by Customer under the subject Order (i) to accrued storage fees; (ii) to any other costs or expenses incurred in attempting to enforce the Order; and (iii) as liquidated damages, and not as a penalty, for Customer’s breach of contract.

Check Before Installing:

Upon delivery, Customer shall make sure all items are insatisfactory condition before installing them. Any damaged, incorrect, or missing merchandise must be reported as indicated below. To the extent permitted by law, Giovanni’s Tile Design will not be responsible for any losses incurred if Customer does not adhere to this. If a surrogate receives the merchandise on the Customer’s behalf, Customer is still responsible to make sure all items are in satisfactory condition.

Risk Passes on Delivery:

Once the Products have been delivered by Giovanni’s Tile Design to the Customer or its representative, the responsibility for the Products
passes from Giovanni’s Tile Design to the Customer including, without limitation, the risk of them becoming lost or damaged.

Accepted Variations:

Some Products have variations of shading, size and finish which shall not be considered defects. Natural Products (made from materials such as marble, wood, or stone) have a greater degree of variation than any of Giovanni’s Tile Design’s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material is natural means that it may present imperfections inherent in its nature such as knots in wood, different shading, color or different intensity and orientation of veining in marble.
It is impossible to get two Natural Products that are the same as each other in shading and/or design. The customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom but will be similar. Natural Products require special care, to maintain its quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline, and Installation Instructions of the Product. Product dimensions as exhibited on quotation, sales order, invoice, and other forms are nominal. Please contact your sales representative for actual dimensions.

Cancelation Of an Order:

All Orders, including Special Orders, Final Sale items orders and Custom Orders may not be cancelled after 24 hours from the Order date.
Unless otherwise agreed, the amount already paid will be refunded in full if the order is cancelled within the 24-hour period. In the event Giovanni’s Tile Design cancels, to the extent permitted by law, its liability will be limited to refunding within 10 business days for any deposits paid to Giovanni’s Tile Design for the Products. If payment has been made by somebody else on Customer’s behalf (e.g. a credit card company or a bank), the repayment shall be made to them.

Returns, Exchanges, And Re-Stocking Policy:

Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged. All sales are final. Returns or exchanges can
only be made if the Product is defective upon delivery and inspection by Customer (see Risk Passes Upon Delivery).
Refunds.
Purchases above $25.00 made by cash or check will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice.

Claims Policy:

All Claims for shortages, damages, or billing errors must be reported upon acceptance of goods and confirmed in writing within 30 days from
the invoice date. Claims made after 30 days will be waived and the original billing will be assumed correct and valid.

Defects:

If Customer claims that defective Products have been provided by Giovanni’s Tile Design, Customer agrees to allow Giovanni’s Tile Design
the right and access to inspect them at all reasonable times requested by Giovanni’s Tile Design. Until a claim is fully resolved, Customer
agrees to hold the Products in good condition and take all care of them.

Independent Contractors:

Giovanni’s Tile Design is an independent contractor. No Customer can be considered the legal representative or agent of or has the power to oblige Giovanni’s Tile Design for any purpose whatsoever. Giovanni’s Tile Design and the Customer expressly acknowledge that the relationship intended by them is a business relationship based entirely on and circumscribed by the express provisions of this Agreement.
*Giovanni’s Tile Design reserves the right to change these terms and conditions at any time without prior notice.
For any cancellations, returns or defects Customer shall provide the following information to Giovanni’s Tile Design:

• Customer Name
• Invoice Number
• Item Description
• Picture of the product and description of the problem.