CGS GROUP Inc. Terms and conditions
This website www.momentoitalia.com and all its content is provided by CGS GROUP Inc. By accessing, browsing, inquiring or on through this website , you agree to be bound by CGS GROUP Inc. terms and conditions. If you do not agree to these terms and conditions in their entirety, please do not access this site or download its content in any case whatsoever. The terms and conditions shall be governed by the laws of the State of New York, United States of America.
All purchases from CGS Group Intl. Inc. (“Cgs Group”) are subject to the terms set forth in this terms and conditions. Paying a deposit for merchandise constitutes placement of a purchase order and acceptance of these terms and conditions, as a binding agreement between CGS Group and the customer placing the purchase order (“Customer”).
CGS Group shall process the order for the merchandise (“Purchase Order”) only at the time that a deposit of fifty percent (50%) of the purchase order total amount is received, and cleared funds are available in the account of CGS Group. Customer shall pay the balance of the purchase following notification by CGS Group to Customer that the merchandise is available to be loaded into the container in Italy, ready to be shipped from Italy. CGS Group shall have no obligation to release, deliver or ship the merchandise until CGS Group receives such payment.
All merchandise is shipped based on availability. Most merchandise is specially ordered and not kept in stock. All orders are considered custom orders and constitute a final sale, therefore they are non-cancellable and no refunds will be given under any circumstances.
There shall be a 25 dollars processing fee for each check returned dishonored.
CGS Group may retake the ordered merchandise and make the merchandise available to other Customers if any of the following events occurs : (l) merchandise is returned to CGS Group marked ”refused” or “unclaimed”, (ll) Customer stops payment in any way or (lll) Customer fails to take possession of the ordered merchandise within the time frames set forth in this Agreement. In any of such cases CGS Group shall be entitled to retain all deposits and any other amounts paid by Customer on account of such merchandise. Any expense CGS Group incurs as a result of unclaimed or refused merchandise shall be charged to Customer.
ALL MERCHANDISE PURCHASED FROM CGS GROUP IS SOLD “AS IS” AND CONSTITUTES A FINAL SALE. NO RETURNS OR REFUNDS WILL BE PERMITTED AFTER A PURCHASE ORDER IS PLACED WITH CGS GROUP.
Although prices of merchandise are based on the item as shown in the store,catalogues,website and any other media of CGS Group, prices vary based upon specific options.
All prices are subject to change at any time and without notice. Customer must confirm prices with CGS Group prior to purchasing merchandise.
Quality and appereance
Photos and graphics of merchandise may not be reliable. Same photos may not exactly reflects the appearance of the products, including, without limitation, detail,color,tone,texture, shape and size. Certain merchandise is unique and appearance may vary among pieces, this does not necessarily indicate a defect but rather unique characteristics among the merchandise. Check with CGS Group sale staff for further information. ALL SALES ARE FINAL.
Customer agrees to pay for all shipping and handling costs. Shipping and handling costs are included in the purchase price only. Local delivery within the United States is quoted on a case by case basis prior to acceptance of the Purchase Order and according to final destination and quantity of the purchased merchandise. In the case Customer will make his own agreement with a transportation company for the local delivery, from CGS Group warehouse to the final delivery location, CGS Group will not be responsible for the merchandise in any case from the moment merchandise is released to Customer or its agent or to the transportation company designated by the client. CGS Group reserves the right to use other carriers or transportation companies without prior notice to Customer, provided the total cost of shipping is not greater than the amount quoted at the time of the acceptance of the Purchase Order. ALTHOUGH CGS GROUP MAY ESTIMATE SHIPPING TIME AS A MATTER OF CONVENIENCE TO CUSTOMER, CGS GROUP DOES NOT GUARANTEE DELIVERY WITHIN ANY FIXED TIME, AND DELAYS ARE NOT INFREQUENT FOR ALL MERCHANDISE WHICH IS IMPORTED. CGS GROUP SHALL NOT BE LIABLE FOR ANY DELAY FROM THE ESTIMATED SHIPPING TIME. CGS Group will send to customer periodic updates regarding the status of the order and shipping until the order is delivered to Customer. CGS Group reserves the right to only ship the address indicated in writing in the Purchase order form . Any change of delivery address or telephone number must be received by CGS GROUP INC in writing at least a week before expected delivery date. CGS GROUP INC does not delivery to PO Boxes, APO,FPO or personal mailboxes. Customer is responsible to make sure that the furniture dimensions allow for easy delivery through doorways, passageways, stairways, or any other space and will fit into the designated space. Customer is responsible that the delivery address provided is accessible by commercial trucking and delivery companies. Additional charges shall be incurred if a scheduled delivery is cancelled, refused or not accepted by Customer or if the location to which the merchandise is to be delivered is not readily accessible or requires alteration. Customer must carefully inspect all merchandise prior to accepting delivery and notify CGS Group if the merchandise is damaged or does not conform with the terms of the order on the same day of delivery, and provide CGS Group with clear digital images of the damaged merchandise, and notify the deivery company as well on the same day of delivery. IF CUSTOMER ACCEPTS DELIVERY, CUSTOMER SHALL BE DEEMED TO HAVE ACCEPTED THE MERCHANDISE AND CGS GROUP SHALL HAVE NO OBLIGATION TO ACCEPT A CLAIM FOR THE MERCHANDISE. UPON NOTIFICATION FROM CUSTOMER THAT SOME OR ALL OF THE MERCHANDISE IS DAMAGED OR DOES NOT CONFORM WITH THE TERMS OF THIS ORDER. CGS GROUP SHALL HAVE THE OPTION, IN ITS SOLE DISCRETION, OF REPLACING SUCH MERCHANDISE OR PROVIDING CUSTOMER WITH A STORE CREDIT FOR SUCH MERCHANDISE AND THIS SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY. CGS Group will cooperate and assist whenever possible (and provided it at no cost to CGS Group) with Customer’s processing of any claim Customer may have with the carrier, but by doing so Customer agrees that CGS Group shall not incur any additional liability or obligation to Customer. It is Customer’s sole responsibility to comply with all applicable regulations or laws in Customer’s locality, State or Country.
Change to the Terms and Conditions
CGS Group Inc reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions in whole or in part, at any time. Your continuous use of this website after any changes to the Terms and Conditions are posted will be considered acceptance to those changes. Any changes to the terms and conditions will be posted by CGS GROUP Inc on this website in the home page. You should periodically check the Terms and Conditions page to view the applied changes. CGS
Changes to the website
This website is offered as is. CGS Group Inc. may, in its sole discretion, terminate,change,suspend or discountinue any aspect of CGS GROUP Inc. website, temporarily or permanently, at any time without notice to customer, and customer fully agrees that in no event shall CGS Group Inc. shall be liable for such actions.
Warranties and Disclaimers
CUSTOMER EXPRESSELY UNDERSTANDS AND AGREES THAT HIS USE OF THIS WEBSITE IS AT HIS SOLE RISK AND THAT THIS SITE IS PROVIE ON AN "AS" IS AND "AS AVAILABLE" BASIS. CGS GROUP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CGS GROUP INC DISCLAIMS ALL WARRANTIES WITH RESPECT TO CGS GROUP, THE INFORMATION AND SERVICES PROVIDED ON THIS WEBSITE AND THE MERCHANDISE OFFERED AND SOLD THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, AVAILABILITY, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE.
CGS GROUP DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVER OR EMAIL SENT FROM THIS SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CGS GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ALL MERCHANDISE IS SOLD “AS IS”. CGS GROUP EXPRESSELY DISCLAIMS ANY AND ALL REPRESENTATION AND WARRANTIES OF ANY KIND WHATSOEVER, WETHER EXPRESS OR IMPLY WITH RESPECT TO ANY ITEM.
The content of this website may present typographical errors or inaccuracies. CGS Group Inc does not warrant the accuracy or completeness of the content or the reliability of any opinion, advise, statement ,quotes or other information displayed or distributed through the website. Customer understands and agrees that any material and/or data downloaded from the website is at Customer’s own discretion and risk.
Taxes, Custom and Tariffs
Sales tax applies to certain sales and purchases. Customer is responsible to comply with all current governative regulations or laws applicable to Customer’s locality, state or country, and Customer represents his purchase, transfer and receipt of said merchandise does not violate any applicable regulations or laws. Customer waives any claim he may have against CGS Group for any violation thereof. CGS Group shall be entitled to rely upon and accept as true and accurate any documentation provided by or on behalf of Customer to CGS Group supporting Customer’s position that is not required to pay sales taxes on Customer’s purchase. Customer agrees to indemnify, defend and hold not responsible CGS Group or its affiliates, employees, agents, shareholders, directors, officers, counsel, successors or assigns, from any and all claim or damage whatsoever brought by any third party against them, regarding Customer’s obligations to comply with local, state or national laws, including without limitations, taxes, customs or tariffs.
Other Contract Terms
Amendement – No term or provision of this Agreement may be amended, waived, discharged or terminated orally, but only by an instrument in writing signed by all parties.
Interpretation - Neither this Agreement nor any uncertainty or ambiguity in this Agreement shall be complied or resolved against any party, under any rule of construction. Customer acknowledges and agrees that he has had adequate opportunity to review and understand the terms and conditions of this Agreement prior to Customer’s acceptance of this Agreement.
Governing Law - Jurisdiction and Venue. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. In the event of litigation, Customer and CGS Group irrevocably submit and consent to the exclusive jurisdiction and venue of the New York state courts in and for New York and the Federal Courts in and for the District of New York.
Force Majeure – CGS Group shall not be liable for any delay in performing its obligations under this Agreement, if such delay is caused by circumstances beyond its reasonable control, including, without limitation, any delay caused by any act or omission by Customer, any delay caused by any manufacturer, supplier or transporter, Act of God, war, riot, floods, windstorm, labour disputes or delay of materials or services. CGS Group shall promptly notify Customer of the reasons for and the likely duration of the delay. In no event shall CGS Group be responsible for any delay after delivery of the merchandise to a carrier in any point of shipment.
Entire Agreement – This Agreement and the terms and conditions hereof shall constitute the entire agreement between CGS Group and Customer, and supersedes and cancels any and all other prior or contemporaneous written or oral agreements or understandings with respect to the subject matter contained herein.