Terms and Conditions
These Terms apply to purchases made through marioandcasa.com, operated by Mario Gagliardi Design, Doeblinger Hauptstr. 17, A-1190 Vienna, Austria. In these Terms, “we”, “us” and “our” mean Mario Gagliardi Design; “you” means the customer. These Terms are written for consumers. If you are buying for business or professional use, please contact us before ordering, as different terms may apply.
Our products
We design and sell customised furniture, rugs and decorative objects. Items are individually made, finished or personalised in India to the specifications you confirm. We sell worldwide. Products are delivered directly from India or from our production partners unless we tell you otherwise. Your sales contract is always with Mario Gagliardi Design, an EU-established company.
Handmade, customised products and natural materials
Our products are handmade or use natural materials such as wool, wood, brass, leather and textiles. Variations in grain, texture, colour, pattern and finish are normal characteristics of those materials and of handmade production, rather than defects, provided that the product matches the agreed description, specification and quality. Colours on screen may differ slightly from the physical product due to display and lighting differences. Stated dimensions may vary within normal manufacturing tolerances.
A customised product is made to your specifications or clearly personalised for you, for example through your chosen dimensions, materials, colours, finish, configuration or artwork. Please check all measurements, specifications and personalisation details carefully before ordering. Where we ask you to approve a drawing, rendering, material sample or specification, production is based on the approved version. Changes after approval may not be possible; where they can be accommodated, additional cost and a later delivery date may apply, which we will confirm before proceeding.
Prices, customs duties and payment
Prices are shown in the currency stated on our website or quotation. Before you order, we show the total payable price, including applicable tax and any delivery charge that can reasonably be calculated in advance. Where stated at checkout or in a quotation, duties and import taxes covered by the arrangement are included in the price and should not be charged again on delivery. For business customers, transport, import duty, VAT or handling fees may be payable by you as the recipient; we will disclose this clearly before you order. Payment methods are displayed at checkout or in your quotation. We do not charge payment-method surcharges.
Placing your order
Placing an order is an offer to buy the products. An automated acknowledgement of receipt does not necessarily mean that we have accepted it. The contract is formed when we send an order confirmation expressly accepting your order, or otherwise confirm acceptance in writing. For customised products, acceptance may depend on agreement of final specifications, drawings, materials or payment. If we cannot accept an order, we will tell you and refund any payment already received.
Production, delivery and risk
Because products are made individually, usual lead times are between four and eight weeks. We will notify you if a material delay becomes apparent. This does not affect mandatory rights you may have if delivery is late or fails. Delivery may be carried out directly from our production facilities or logistics partners, including facilities in India.
Please ensure that your delivery address is correct before ordering large items. We may charge a reasonable additional fee, agreed with you, where incorrect information or unusual delivery requirements increase our costs. For consumer orders, risk of accidental loss or damage passes to you when you, or someone you nominate other than the carrier, physically receive the product. Please inspect your delivery promptly and tell us about visible transport damage as soon as reasonably possible. Late reporting does not remove any mandatory statutory rights you may have.
Returns and cancellation
Unless we agree otherwise, or applicable law requires us to pay it, you are responsible for the direct cost of returning a non-faulty product. We refund payments due under a statutory withdrawal right within the legally required period. Where permitted by law, we may withhold the refund until we receive the returned goods or evidence that they have been returned. You are responsible only for any reduction in value caused by handling the product beyond what is reasonably necessary to establish its nature, characteristics and functioning.
No cancellation right for customised products
A withdrawal right does not apply to products made to your specifications or clearly personalised for you, including genuinely bespoke products manufactured to individual dimensions, materials, finishes, configurations or other personal specifications. Where this exception applies, the order is binding once the contract has been concluded, even if manufacturing has not started. We may voluntarily agree to a cancellation or change, but are not required to do so, and may take account of costs already incurred or committed where the law permits. This does not affect your rights if a product is faulty, damaged or otherwise does not conform to the contract.
Legal guarantee and faulty products
All products must comply with the mandatory consumer-protection rules that apply to your purchase. EU consumers benefit from a legal guarantee of conformity of at least two years from delivery; some national laws provide longer protection. A product may not conform to the contract if, for example, it does not match the agreed description or specification, lacks reasonably expected or expressly agreed qualities, does not match an agreed sample or model, is not fit for an agreed purpose, or is defective or unsafe.
Depending on the circumstances and applicable law, you may be entitled to repair or replacement and, where legal conditions are met, a price reduction or termination of the contract with a refund. These statutory rights apply to customised products too. Natural characteristics and reasonable variations are not defects because individual handmade products are not completely identical. If you believe a product is faulty, damaged or does not conform to your order, email us with your order number, a description of the problem and, where useful, photographs. Where a return is required because a product is defective or non-conforming, we bear the reasonable return or collection cost where applicable law requires it.
Product safety
Products supplied to consumers in the European Union comply with applicable EU product-safety law, including the General Product Safety Regulation (EU) 2023/988. Because a product may be manufactured outside the EU, we act as the responsible economic operator established in the EU for GPSR purposes. If we identify a safety issue affecting a product you purchased, we may contact you with instructions, corrective measures, repair information or recall details. Please follow any safety instructions supplied with the product.
Intellectual property and use of our website
Unless stated otherwise, the website and its content, including designs, photographs, graphics, drawings, text, logos and trademarks, are owned by or licensed to Mario Gagliardi Design. You may not reproduce, commercially exploit, distribute, modify or otherwise use protected material without our prior written permission, except where applicable law permits it. Purchasing a product does not transfer intellectual-property rights in its design.
You must not use the website unlawfully or fraudulently; introduce malware or harmful code; gain unauthorised access to systems or accounts; interfere with website operation or security; infringe rights; or impersonate us or another person. We may suspend access where reasonably necessary to protect the website, our customers or our legal rights. We try to keep website information accurate and available, but temporary interruptions, errors or maintenance may occur.
Privacy and cookies
Personal data is processed in accordance with our Privacy Policy. Our use of cookies and similar technologies is described in our Cookie Policy. Both form part of these Terms.
Our liability and events beyond our control
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising from mandatory consumer-protection or product-liability rules. For consumer purchases, we are responsible for losses that are a foreseeable consequence of our breach of contract or failure to exercise legally required care. We are not responsible for losses caused by circumstances for which we are not legally responsible. Different liability rules may apply to purchases primarily for commercial or professional purposes under separate business terms.
We are not responsible for delays caused by events genuinely outside our reasonable control, such as natural disasters, war, government restrictions, major transport disruption or widespread infrastructure failure. We will take reasonable steps to minimise the effect of such events and inform you of significant delays. This does not remove mandatory rights you may have to cancel or receive a refund where performance cannot take place within a legally required or agreed period.
Complaints, governing law and changes
If you have a complaint, please email us at info@mariocasa.it. We will try to resolve the matter directly. Where we are legally required, or have agreed, to participate in alternative dispute resolution, we will provide information about the competent ADR body.
These Terms and contracts concluded under them are governed by Austrian law, subject to mandatory consumer-protection rules. If you are a consumer, this choice does not deprive you of mandatory protections in your country of habitual residence where they cannot legally be excluded. Disputes may be brought before courts having jurisdiction under applicable consumer and private international law. We sell worldwide; consumers outside the EU may have different or additional mandatory rights, which these Terms do not limit.
The Terms applicable to your purchase are those made available when you place your order. We may update these Terms for future orders when law, services or business practices change. Changes will not retrospectively alter an existing contract unless required by law or expressly agreed. If any provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.