TERMS AND CONDITIONS OF SALE
RETENTION OF OWNERSHIP
Maison GATTI retains ownership of the delivered goods until the client has paid the goods in full (principal, interest and penalty clause), even if the client has paid deposits for part of the price of the aforementioned goods.
Under French national Law N°80-335 – May12th 1980- the transfer of ownership for sold products is conditioned to their payment in full. In the event of incomplete payment, the client is formally prohibited from using the products, either to sell off or to alter.
The client is required to ensure the goods for as long as they have not been paid in full.
The client may have chosen a selection of shapes, patterns and colors which will feature in Maison Gatti manufactured, marketed and sold product (« The Product »).
The choice of shape, patterns and colors determined by the client is based on a list of shapes, pattern and colors proposed by Maison Gatti to all its clients, it is not exclusive for a particular client, so that the client cannot claim exclusivity for a specific selection of shapes, patterns and colours featured in the product, unless a specific written agreement is reached beforehand.
Maison Gatti is the Copyright owner and the owner of industrial property of its products, including the intellectual and property rights linked to the shape of the Product manufactured and marketed by Maison Gatti, its colour(s), its pattern and color mixes, and the cane and/or wickerwork pattern color mix of the seats; as well as the whole Product itself.
Maison Gatti is the trademark owner of the French word mark « Maison Gatti » under which its Products are marketed ( the « Brand »). Each product bears a brass plate with the name of the Brand.
The client shall refrain from any action possibly resulting in Trademark infringement.
The client is prohibited, amongst others, to remove, alter or modify the brass plate bearing the name of the Brand which is attached to all products. The client is equally prohibited to place, make use of, or affix another plate on the Product in place of the original Maison Gatti brass plate.
If the Products are bought by the client to resell or distribute and if a reselling or distribution authorization has been given by Maison Gatti, the client is under the obligation to enter into a resale or distribution contract with « Maison Gatti » beforehand , detailing each and every specific condition linked to the resale or distribution of the Products by the client.
In any event, and unless otherwise stipulated in the aforementioned contract, resale and distribution authorizations are non-exclusive, inasmuch as Maison Gatti retains the right to sell its Products directly to all and any clients (companies, individuals and/or resellers or distributors).