HoReCa Sales Terms and Conditions
1. Scope and Definitions
These General Terms of Sale (“Terms”) govern the rights and obligations between Amara Casa d.o.o. (“Seller”) and the Buyer (“Buyer”) in relation to the sale and delivery of products from the Seller’s assortment. They apply to all offers, orders, and deliveries unless otherwise agreed in writing.
Definitions:
- “Products”: all items sold by the Seller, including brands such as Costa Nova, Costa Verde, Herdmar and others.
- “Offer”: a written proposal issued by the Seller specifying product details, pricing, quantities, and delivery timeframe.
- “Purchase Order”: a confirmed Offer for which the advance payment has been received.
Each individual Offer may contain additional or differing terms that shall prevail over the provisions of this document, provided that such terms are expressly stated in writing within the respective Offer.
2. Offers and Orders
2.1. Following an inquiry, the Buyer will receive a personalized Offer outlining the selected products, quantities, prices, availability, and estimated delivery timeframes.
2.2. The Offer is valid for 15 days from the date of issuance, unless otherwise specified.
2.3. An Order is formed upon confirmation of the Offer and payment of the advance in accordance with the terms set out in Section 3.
2.4. Once the Order has been submitted to the manufacturer, modifications are no longer possible unless expressly approved by the Seller.
2.5. Any addition to an existing Order shall be considered a new Order unless otherwise approved by the Seller.
3. Prices and Payment Terms
3.1. The standard payment term is 100% advance payment in accordance with the Offer and pro forma invoice.
3.2. All prices are stated in EUR, inclusive of VAT, and include transportation within the territory of Montenegro, unless otherwise specified.
3.3. In the event of delayed payment, the Seller reserves the right to charge statutory default interest in accordance with applicable law.
4. Availability and Minimum Quantities
4.1. Product availability depends on the brand and the type of finish selected.
4.2. Products of the Costa Nova brand are generally available from stock (90–95% availability) and are subject to confirmation of delivery dates by the factory, including confirmation of available quantities and collection timeframes at the factory.
4.3. Products of the Costa Verde brand are manufactured specifically upon customer order and are subject to standard factory production lead times of 30 to 45 days from the date the order is placed with the factory.
4.4. Products of the Herdmar brand in standard finishes (glossy/polished surface) are available from stock for selected collections. Remaining collections and specific finishes (such as matte, gold-plated, PVD, ACD, CBT, Swarovski, or similar) are produced upon customer order and are subject to standard factory production lead times of 30 to 45 days from the date the order is placed with the factory.
4.5. In the event that certain items are unavailable, the Buyer will be offered the most suitable available alternative, or a new production lead time will be defined for the originally ordered items.
4.6. The minimum quantity for direct delivery to the Buyer is one pallet (different items and collections may be combined).
4.7. For smaller orders, delivery is carried out via consolidated transport once per month.
4.8. Delivery timelines commence from the date of order confirmation by the factory.
4.9. The delivery timeframe to the final Buyer is up to 4 weeks, with an estimated transit time of approximately 2 weeks, excluding factory production time.
4.10. The delivery timeframe to the final Buyer begins upon factory confirmation of the order (the Offer becomes an Order upon confirmation and advance payment, after which the Order is submitted to the factory for confirmation of quantities, ordered items, and factory delivery dates).
5. Delivery and Transfer of Risk
5.1. Delivery shall be made to the Buyer’s address within the territory of Montenegro.
5.2. Transportation costs are included in the price, unless otherwise agreed.
5.3. The risk transfers to the Buyer at the moment of signing the delivery receipt.
5.4. The Buyer is obliged to inspect the goods upon delivery and record any visible damage in the delivery receipt.
5.5. Upon delivery, the Buyer shall sign the delivery receipt confirming the quantities and the list of delivered items. Any visible damage must be noted in the delivery receipt at that time.
6. Complaints and Damages
6.1. All complaints must be submitted within 24 hours of receipt of the goods, in writing to Amara Casa d.o.o., Šeika Zaida 13/1, 81000 Podgorica, or electronically via email at office@amaracasa.me.
6.2. The Buyer is required to provide photographs, a description of the damage, the item number, and the quantities concerned.
6.3. Complaints shall apply exclusively to visible damage or deviations from the ordered specifications.
6.4. Aesthetic variations resulting from handcrafted production shall not constitute valid grounds for complaint.
6.5. In the event that a complaint is accepted, the available remedies may include replacement of goods, price reduction, or issuance of a credit note.
7. Returns and Cancellations
7.1. Returns are not permitted except in cases of justified and approved complaints.
7.2. Cancellation after payment of the advance is not permitted unless expressly approved by the manufacturer.
7.3. For personalized orders (including logo application, engraving, or special finishes), cancellation is not permitted once the order has been confirmed.
8. Liability and Warranty
8.1. All products are safe for food contact and tested in accordance with applicable international standards.
8.2. Due to their high manufacturing quality, the products are suitable for use in professional kitchens and are safe for use in ovens, microwave ovens, dishwashers, and freezers.
8.3. Porcelain and cutlery items may contain metallic decorations that are not suitable for use in microwave ovens.
8.4. The manufacturer’s warranty applies in accordance with the manufacturer’s instructions and recommendations provided with the goods. Maintenance and care instructions are supplied in their original English version and adapted in Montenegrin.
9. Special Orders and Branding
9.1. Personalization options (e.g., logo application, engraving, customized packaging) are subject to separate agreement and may involve additional costs and extended delivery timelines.
9.2. For personalized products, delivery timelines shall be extended depending on the complexity of the request.
9.3. The Buyer assumes full responsibility for the intellectual property rights related to any materials, designs, or content provided for personalization.
10. Retention of Title
10.1. The products shall remain the property of the Seller until full payment has been received.
10.2. The Buyer shall not be entitled to dispose of, resell, or otherwise encumber the goods prior to full payment.
11. Late Payment
11.1. In the event of delayed payment, statutory default interest shall be charged in accordance with applicable law.
11.2. The Seller reserves the right to suspend further deliveries until full payment has been received.
12. Limitation of Liability
12.1. The Seller shall not be liable for any indirect, incidental, or consequential damages.
12.2. The Seller’s maximum liability shall be limited to the total value of the respective Order.
13. Force Majeure
13.1. The Seller shall not be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters (earthquake, hail, flood, drought), strikes (within the Seller’s company, other companies, or public authorities), exceptional social circumstances (war, terrorist acts), pandemics, or any other events and circumstances that the Seller could not prevent, eliminate, or avoid.
13.2. The delivery timeframe shall be extended for the duration of such circumstances.
14. Amendments to the General Terms of Sale and Applicable Price List
14.1. The General Terms of Sale may be amended by unilateral decision of the Seller, and the amended terms shall apply to all new Offers and agreements concluded after the publication of such amendments.
14.2. The Seller reserves the right to modify these General Terms of Sale in accordance with its business decisions.
15. Jurisdiction and Governing Law
15.1. Any disputes arising from agreements or sales concluded on the basis of these General Terms shall be resolved amicably whenever possible.
15.2. If an amicable resolution cannot be reached, the competent court in Podgorica shall have jurisdiction.
15.3. All matters not expressly regulated by these General Terms shall be governed by the applicable laws of Montenegro.
16. Intellectual Property and Confidentiality
16.1. All technical and commercial information relating to the products shall be considered confidential and may not be shared, distributed, or made available to third parties without the Seller’s prior written consent.
16.2. If the Buyer provides branding specifications, including logos, designs, or any other visual or verbal elements, the Buyer assumes full responsibility for any potential infringement of third-party intellectual property rights.
16.3. The Buyer is not permitted to:
- copy or replicate the products in any form;
- use the Seller’s design, logo, brand name, or any elements of its visual identity for marketing or commercial purposes;
- distribute, assign, or otherwise enable the use of the products or any part of the Seller’s brand to third parties without the Seller’s express written consent.
16.4. Any unauthorized use or infringement of the above rights may result in legal action in accordance with applicable laws.
17. Logo and Brand
17.1. The brand name, logo, visual identity, as well as all promotional, communication, and presentation materials (including graphic, textual, digital, and other materials) constitute the intellectual property of the Seller and are protected by copyright law.
17.2. The Buyer is not entitled to use, copy, modify, adapt, or distribute any of the aforementioned elements without the Seller’s prior written consent.
17.3. Any infringement of these rights shall be treated as a violation of intellectual property rights and shall be subject to appropriate legal protection and remedies.
18. Final Provisions
18.1. All official communication with the Buyer shall be conducted in the Montenegrin language.
18.2. In exceptional cases, communication and offers may also be provided in English.
18.3. In the event of any discrepancy between the Montenegrin and English versions, the Montenegrin version shall prevail.
19. General Instructions for Use and Maintenance
19.1. By accepting these General Terms of Sale, the Buyer confirms that they are familiar with the product use and maintenance instructions, which form an integral part of these Terms. All instructions are aligned with the manufacturers’ recommendations and are intended to ensure long product lifespan and preservation of aesthetic and functional qualities.
19.2. General Guidelines
- Follow the manufacturer’s instructions provided on the packaging or in the technical documentation.
- Avoid impacts against hard surfaces and sudden temperature changes.
- Do not use abrasive sponges, brushes, or harsh chemical agents that may damage surfaces.
- After washing, especially when hand washing, dry thoroughly with a soft cloth to prevent staining or corrosion.
Porcelain and Stoneware
- Suitable for dishwasher, oven, microwave, and freezer use, unless otherwise specified by the manufacturer.
- Avoid thermal shock (e.g., placing cold tableware into a hot oven).
- Reactive glazes and handcrafted finishes may exhibit natural variations in color and texture, which do not constitute defects.
Stainless Steel Cutlery (18/10 Stainless Steel)
- Dishwasher safe; avoid contact with aluminum or low-quality steel items that may cause dark staining.
- Dry thoroughly after washing.
- For cutlery with special finishes (PVD, ACD, Glitter, gold plating, Swarovski crystals), follow the specific care instructions below.
Special Finishes
- PVD – Dishwasher only; avoid abrasive agents and impacts against hard surfaces.
- ACD and Glitter – Handle with care; avoid contact with strongly colored foods that may cause discoloration; not recommended for professional HoReCa use.
- 24K Gold Plating – Dishwasher safe without abrasive agents; always dry after washing.
- Swarovski Crystals – Hand wash only; avoid high temperatures and abrasive materials.
Glassware
- Dishwasher safe unless otherwise specified; washing at lower temperatures is recommended.
- Avoid sudden temperature changes and impacts.
20. Specific Instructions for Use and Maintenance
20.1. By accepting these General Terms of Sale, the Buyer confirms that they are familiar with the specific instructions for use and maintenance of the products, which form an integral part of these Terms. All instructions are aligned with the manufacturers’ recommendations and are intended to ensure long product lifespan and preservation of aesthetic and functional properties.
20.2. All specific rules, instructions, and recommendations regarding handling and maintenance can be found on the official pages of the respective manufacturers and their products: