TERMS & CONDITIONS
The Terms of Sale and Delivery for YOYO DESIGNS LTD, a limited liability Company registered in Cyprus under the provisions of Cyprus Company Law. Cap 113 with Company Number HE 284077 having its registered office at Perikleous 28 Street, Strovolos, 2020, Nicosia (the “Company”) shall apply to all Company’s orders, and shall prevail over any such terms or similar terms agreed with a Company’s customer (the “Customer”) unless otherwise agreed in writing by both Parties. The Company’s Terms of Sale and Delivery shall be
subject to changes periodically and without notice.
ORDER CONFIRMATION/CANCELLATION
The order is confirmed and becomes binding only once the Company’s offer is signed, stamped and paid in full by the Customer. Once an order is confirmed it is considered that an agreement on sale and delivery of goods has been entered. The order is accepted subject to goods, raw materials and the like being available. If unforeseen difficulties arise or if unsatisfactory credit
information about the Customer is obtained after the acceptance of the order, the Company shall be entitled to cancel the
confirmed order without bearing any liability of any kind. Cancellation of orders by the Customer cannot be accepted unless
agreed in writing and accepted by the Company
TERMS OF DELIVERY
The goods shall be delivered in accordance with Company’s terms of delivery, ex works Company’s address, unless otherwise
specifically agreed and stated in the order confirmation in exceptional cases. Company may, depending on the circumstances, assist in
arranging dispatch of the ordered goods if this has been agreed in writing and accepted by Company on a case-by-case basis and
always for the Customer’s account.
NON-VIOLATION OF THIRD-PARTY RIGHTS
The Customer confirms and guarantees that there are no violations of third-party rights due to the placement of its order. By placing a
customized order, the Customer guarantees that the files submitted to the Company do not infringe any intellectual property or other
third- party rights whatsoever.
PRICES
All Company’s prices are stated in Euro, unless otherwise specifically agreed and stated in the order confirmation in exceptional
cases, and are exclusive of VAT. The prices are subject to change because of potential fee variation related to exchange rate
Fluctuation, courier charges, transportation charges, warehouse charges, storage charges, delivery charges for special equipment,
clearance charges etc. Any variations in customs duties, other duties, and exchange rates, may be raised until delivery is made.
Supplies are charged at the prices agreed upon. The prices are based on the price quotations, currency ratios, rates of duty and
freight or other indications that are valid at the time of concluding a contract. The Company reserves the right to make price
adjustments in the event of cost increases or other unforeseen circumstances. The Company will inform the Customer of any price
changes. The Customer shall be free to fix his resale prices. In such a scenario, the Customer is under a duty to provide the Company
with sufficient information in respect of the newly adjusted prices. Failure to do so will result in monetary damage of EUR1,000 for
the Company’s benefit.
All prices are subject to any applicable taxes and customs duties. Except as otherwise agreed, all prices are ex works excluding packaging and freight unless otherwise specifically agreed and stated in the order confirmation in exceptional cases. New custom-made designs required by the Customer are quoted 75 euros per hour. For window display usage, the Company will make a separate offer with a favourable pricing.
All prices are subject to any applicable taxes and customs duties. Except as otherwise agreed, all prices are ex works excluding packaging and freight unless otherwise specifically agreed and stated in the order confirmation in exceptional cases. New custom-made designs required by the Customer are quoted 75 euros per hour. For window display usage, the Company will make a separate offer with a favourable pricing.
PAYMENT
Unless otherwise agreed in writing, payment from the Customer to the Company will be against the Offer issued and accepted by the
Customer confirmed in written, signed and stamped. Upon funds receipt the Company shall invoice the Customer accordingly. It is of
essence that a full prepayment is received by the Company to proceed with the Customer’s order. Such prepayment may be made by
bank wire transfer or other payment method. Invoice amount to be remitted in full. Bank charges at Customer’s account. All payments
shall be done without any further charges. On that occasion, the Company will quote those charges in a separate invoice to the
Customer.
COMPLAINTS ON NON-CONFORMITY AND REMEDIES
Any complaint on non-conformity shall be submitted in writing and must be received by the Company no later than 24 hours after
delivery or – if delayed – expected delivery of the goods. Approval of non-conformity claims shall be subject to Company’s sole
discretion which shall require documentary proof, i.e., photos or otherwise, of the defective order or parts of the order. The proof
shall be provided not later than 24 hours from delivery. Wallpaper inspection should be carried out before installation. Company will
not accept any liability for strips once they have been attached to the wall.
Carpets and area rugs inspection should be carried out before installation. Company will not accept any liability for any rug which has been installed to Customer’s space. If a part of the order is not delivered, is delayed, or if part of the order is defective or deficient, the order may only be canceled for this part of the order. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. No returns will be considered without prior written approval by the Company.
In the event of non-conformity, the Company shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. In any event, the maximum liability shall be equal to repayment by the Company to the Customer of the payment made for the delayed or defective part of the order having deducted any costs related to logistic charges, custom-made design charges or otherwise.
Carpets and area rugs inspection should be carried out before installation. Company will not accept any liability for any rug which has been installed to Customer’s space. If a part of the order is not delivered, is delayed, or if part of the order is defective or deficient, the order may only be canceled for this part of the order. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. No returns will be considered without prior written approval by the Company.
In the event of non-conformity, the Company shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. In any event, the maximum liability shall be equal to repayment by the Company to the Customer of the payment made for the delayed or defective part of the order having deducted any costs related to logistic charges, custom-made design charges or otherwise.
OFFERS
All Company’s proposals may be subject to change without notice. Any statements made by our representatives as well as statements made verbally shall require our written confirmation to become effective.
Big scale orders for Broadloom can have a design layout consultation for an extra fee upon request from the Customer. The amount of the layout consultation and shall be deductible if the Customer proceeds with the order.
NON-PAYMENT/DEFAULT
If the Customer does not fulfill his payment obligations, then Company may stop further supply to its Customer and/or take legal action vis-à-vis payment default and/or request the Customer to fulfill his payment obligations.
Any financial loss that the Company incurs as a result hereof shall be compensated fully by the Customer.
RETENTION OF TITLE
All goods shall remain Company’s property, and title shall pass on the Customer only if all amounts due are settled in full. Any cost
incurred in connection with the enforcement of the retention of title shall be paid by the Customer
WALLPAPERS SPECS
Wallpaper patterns may reach across more than one strip (panels) and several strips are rolled into one reel next to each other. All strips are identified by a number on their upper side. These strips must be applied in numerical order from left to right. As a rule, each strip to follow has been turned through 180 to avoid any possible difference in color.
All walls should be checked for defects or damage prior to wallpaper installation. No liability shall be accepted for strips once installed on the wall.
RUGS SPECS
The Customer should inspect the ordered rug immediately upon delivery against possible defects or damage. The Company shall not accept liability for defects which have not been notified to the Company immediately upon rug delivery.
Single rug orders shall take into consideration the 4m width production. For price building we calculate:
shortest side * 4mtr = sqm*price/sqm. [Example: ordered rug: 60x200cm =(0,6m * 4,0m)*price€/sqm]
Rugs samples may be produced only for orders exceeding 100m2
COLOR DEVIATIONS
Product colors as represented in Company’s marketing material, including catalogs, websites, social media, sample products and/or any
other form of marketing and promotional products are indicative and actual colors may vary on different materials provided.
During wallpapers and/or area rugs and broadloom production, slight tone discrepancies may occur between one production lot and another one, or/and between the printing over different supports.
Small deviations in quality, color, width, weight, equipment or design, which are technically impossible to avoid, are not defects. Orders for bespoke products are supplied subject to a tolerance of +/- 5% to the ordered quantity, and once ordered cannot be canceled or changed.
During wallpapers and/or area rugs and broadloom production, slight tone discrepancies may occur between one production lot and another one, or/and between the printing over different supports.
Small deviations in quality, color, width, weight, equipment or design, which are technically impossible to avoid, are not defects. Orders for bespoke products are supplied subject to a tolerance of +/- 5% to the ordered quantity, and once ordered cannot be canceled or changed.
LIMITATION OF LIABILITY (INCLUDING FORCE MAJEURE)
The Parties shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the
performance of the Agreement: war and mobilization, riot and civil unrest, acts of terrorism, natural disasters, strikes and lockouts,
scarcity of goods, faults, defects or delay in delivery from sub suppliers or if sub-suppliers are otherwise hit by the present
circumstances, fire, lack of means of transportation, exchange control regulations, import and export restrictions, death, illness or
absence of key staff members, computer viruses or any other circumstances that are beyond the Parties direct control. In such a case,
the Party shall be entitled to postpone fulfilment of the obligation until the obstacle has ceased or, alternatively, to cancel the
Agreement in full or in part without incurring any liability for this, if the obstacle causes fulfilment to be postponed for more than
three (3) months.
VENUE AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with Cyprus law, disregarding choice of law rules to the extent that
such rules would otherwise lead to the application of any other law than Cyprus law. The Convention on Contracts for the International
Sale of Goods (CISG) shall not apply.
Any dispute, controversy, or claim arising out of or in relation to a Customer’s order, or the breach, termination, or invalidity thereof, which cannot be settled amicably between the Parties, shall be brought before Cyprus Courts. Even if the Company has initiated a court action against the Customer, the Company may at any stage decide to settle any dispute by arbitration.
Any dispute, controversy, or claim arising out of or in relation to a Customer’s order, or the breach, termination, or invalidity thereof, which cannot be settled amicably between the Parties, shall be brought before Cyprus Courts. Even if the Company has initiated a court action against the Customer, the Company may at any stage decide to settle any dispute by arbitration.
