Subject-matter of the conditions
All agreements, services (even downloads and electronic deliveries such as emails) and other services (including consultation services) by ArchitecturalOrders.com are governed by these Terms and Conditions of Business. Divergent and/or complementary agreements require the explicit and written approval from ArchitecturalOrders.com. We hereby exclude any deviating general terms or conditions proffered by the contract partner.
All our offers are subject to the following license terms. We grant you a perpetual, non-exclusive, non-transferable worldwide license to use the Content strictly for the Permitted Uses as defined below. All other rights pertaining to the Content, including without limitation, all copyright and other intellectual property rights relating to the Content, are owned by ArchitecturalOrders.com or the supplier of the Content, as the case may be.
You may only use the Content for the specified purposes which are the Permitted Uses as defined below. You may not use the Content in products for resale, license or other distribution, including printed or electronic books and magazines. Only you are permitted to use the Content, although you may transfer files containing Content to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:
- architectural plans for new buildings or restoration, including architectural details and construction drawings
- architectural consulting services
Prohibited Uses. The Content may not be used outside of strictly permitted use rules. For greater certainty, the following are “Prohibited Uses” and you may not:
- use the Content for resale, license or distributing;
- use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, posters and other items;
- use the Content for printed or online books and publications;
If there is any doubt that a proposed use is a Permitted Use, you should contact us by email.
Offer and formation of contract
All our offers, whether on the Online Shop, in catalogues, advertisements, oral or by telephone, email or otherwise are subject to change. The agreement shall be concluded upon our confirmation or execution of the order. By opening the original packaging and downloading the goods, the buyer acknowledges these general terms and conditions of business and license agreement. Amendments require the written confirmation of ArchitecturalOrders.com. Deviations require the written confirmation of ArchitecturalOrders.com.
All prices are quoted ex-work plus the legally required tax. The prices of products or services are displayed on the Online Shop. It is indicated each time whether VAT is included in the price or not. Change in prices may occur at any time. Prices shown do not include shipping costs. These amounts are charged in addition.
After receiving your order, ArchitecturalOrders.com shall execute and deliver your order or make the desired goods available for downloading. ArchitecturalOrders.com will use its reasonable endeavors to deliver the ordered goods within the specified delivery time of your chosen and paid shipment method. Only agreed upon in writing delivery periods are binding. Outside ArchitecturalOrders.com’s control delivery delays such as industrial actions, force majeure, statutory regulations, official decrees, etc, may prolong delivery times. Purchase price depends on the shipment mode of choice, payable in advance or on delivery. When the buyer or the recipient delays payment, ArchitecturalOrders.com has the right to refuse delivery as well as further deliveries from other contractual relationships. In case ArchitecturalOrders.com is unable to or can only in part deliver the agreed goods, the buyer has the right to withdraw from the agreement. Additional claims for damages are excluded. ArchitecturalOrders.com shall not be responsible for loss, costs, damages, charges or expenditures due to untimely delivery. As a result there is no right of recession.
Transfer of risk
All shipments, also possible returns, are at the buyer’s cost and risk. Risk of loss or damage is transferred to the buyer upon shipment. This applies also to the cases where ArchitecturalOrders.com bears transport costs. Complaints due to damage in transport are to be claimed directly by the buyer against the transportation company within the specified deadline. There will be no compensation for goods lost or damaged during transport from ArchitecturalOrders.com.
Warranty and Liability
Complaints regarding defects, wrong deliveries and quantity shortfalls should be promptly asserted in writing, indicating the complaint, the latest within 14 days from the date of reception of the goods. Otherwise, goods are regarded as having been approved. Should quantitative shortfalls be proven, ArchitecturalOrders.com will supply the deficit. We are entitled to examine the defective goods sent immediately by the customer at their expense. The right of return is excluded for all downloaded products as well as goods where the packaging has been opened. In case of justified and timely notice of defect, ArchitecturalOrders.com is liable and obligated to replace. Should justified defects occur again, the buyer has the right to a reduction of the purchasing price or cancellation of the purchasing agreement. Software is carefully checked by us. ArchitecturalOrders.com guarantees that the software is free from material defects and errors and for the intended use for a time period of 90 days from the date of the delivery. In case of an enforcement of the warranty claim, ArchitecturalOrders.com is obligated to replace the software or refund the purchase price. Any further liability is excluded. Liability for damages due to improper installation and/or wrong use by the buyer or third party is excluded. ArchitecturalOrders.com does not assume liability for either specific or direct/indirect damages, or consequential damages (including and without limiting damages due to loss of business profits, business interruption, loss of business data or any other such loss) arising from the use of the software either. However, the following license agreement is valid.
ArchitecturalOrders.com has the right to process and store the data about the buyer regardless whether these were provided by them or third parties, in conformity with the Italian Data Protection Act. For ArchitecturalOrders.com, the responsible handling of personal data is a matter of course. ArchitecturalOrders.com uses the data exclusively to provide services and to improve customer relations. ArchitecturalOrders.com guarantees not to pass personal data on to other companies or third parties for commercial purposes.
ArchitecturalOrders.com reserves the right to modify and amend the present terms and conditions at any time.
The invalidity of individual clauses of these terms and conditions does not affect the validity of the remaining provisions. The ineffective or unenforceable regulation shall be replaced by an effective one that is nearest to the economic purpose of the ineffective or unenforceable regulation. Place of execution for all deliveries and payments and jurisdiction is Genova (Italy). The contractual relationship shall be subject to the Italian Law