Terms of Sale

1. Scope & Acceptance

These Terms of Sale (“Terms”) apply to all purchases made through the ATRIA USA online store at atria-usa.com and to all invoiced orders placed through ATRIA USA sales channels. By placing an order, creating an account, or making a purchase, you (“Purchaser”) agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not place an order.

These Terms are governed by the laws of the State of Texas.

2. Order Acceptance & Right to Refuse

Placement of an order constitutes an offer to purchase — not a binding contract. ATRIA USA reserves the right to accept or reject any order, in whole or in part, at its sole discretion. Shipment of the order constitutes acceptance.

ATRIA USA may cancel any order due to: pricing or typographical errors, product unavailability, suspected fraud or unauthorized activity, credit or payment issues, or any other reason at its sole discretion. If an order is cancelled, the Purchaser will be notified and issued a full refund for any amounts already paid.

3. Pricing & Payment

All prices displayed on atria-usa.com are in US dollars and are subject to change without notice. Prices are confirmed at the time of order placement.

Pricing errors: In the event of a pricing error on the website, ATRIA USA reserves the right to cancel the order and issue a full refund. Pricing errors do not obligate ATRIA USA to fulfill orders at the incorrect price, regardless of whether the order has been confirmed or payment processed.

Online orders: Payment is processed at the time of purchase through Stripe. Accepted methods include credit/debit card, Klarna, Cash App Pay, Amazon Pay, bank transfer, and other methods available at checkout.

Invoiced orders: Payment is due upon receipt unless otherwise stated in writing. A credit card processing surcharge of 2.9% applies to all credit card payments on invoiced orders. Alternative payment methods with no surcharge: Zelle, wire transfer, or certified check. Payment details for alternative methods will be provided on the invoice. Personal checks must clear before shipment.

Late payments: Outstanding balances are subject to a 1.5% monthly service charge (18% annually). ATRIA USA reserves the right to suspend or cancel orders and withhold shipments for accounts with overdue balances.

4. Product Nature & Intended Use

ATRIA USA products are professional-grade decorative coatings, microcements, and surface finishing systems designed for trained applicators and experienced users. Many products are multi-step application systems or two-component formulations requiring:

• Proper surface evaluation and preparation
• Correct mixing ratios and pot-life management
• Specific application techniques, tools, and environmental conditions
• Multiple coats with appropriate drying and curing times
• Protective topcoat application for durability and performance

Technical Data Sheets (TDS) are available on each product page. It is the Purchaser’s sole responsibility to obtain, read, and follow the TDS before using any product.

5. Customer Responsibility

The Purchaser is solely responsible for determining the suitability of any product for their intended application, substrate, and conditions.

ATRIA USA provides technical support as a courtesy but assumes no responsibility for application results, whether from recommendations, technical advice, or information provided verbally, in writing, or online.

Application results depend on factors beyond ATRIA USA’s control: substrate type and condition, surface preparation quality, environmental conditions (temperature, humidity, ventilation), mixing accuracy, application technique, tool selection, curing conditions, and maintenance. ATRIA USA does not guarantee specific results, finishes, appearances, or performance outcomes.

Purchasers acknowledge that professional-grade coating systems require skill and experience. Improper application may result in product failure, cosmetic defects, or costly removal and reapplication. ATRIA USA is not responsible for costs associated with improper application, including labor, removal, substrate damage, or reapplication.

6. Material Characteristics

All ATRIA USA products are hand-applied decorative finishes producing unique, artisanal textures. Minor variations in color, texture, and shading between batches are inherent characteristics of the manufacturing process — not defects. Color samples, swatches, and digital representations are for general reference only and may not exactly match the final applied result.

Products must be stored in a dry, temperature-controlled environment between 50°F and 90°F (10°C to 32°C). Do not expose to freezing temperatures. Once opened, products should be used within the timeframe specified on the Technical Data Sheet. ATRIA USA is not responsible for product deterioration due to improper storage.

7. Custom Tinting & Special Orders

Custom-tinted products are mixed to order based on the color code provided by the Purchaser (NCS, HEX, RAL, or manufacturer reference). Color accuracy depends on the quality and specificity of the reference provided. The Purchaser is responsible for verifying the color code before order placement.

Custom-tinted products are non-returnable and non-refundable under any circumstances. Once a custom-tinted or special-mix order has been processed and entered into production, no modifications can be made to color, quantity, or product selection.

Two-component products that have been combined cannot be returned.

Due to custom colorization variances, the Purchaser is responsible for checking the product and color within ten (10) days of receipt and before application to qualify for any changes or consideration.

8. Samples & Test Patches

Samples: ATRIA USA strongly recommends purchasing product samples before placing full-size orders. Samples allow the Purchaser to evaluate color, texture, and compatibility with the intended substrate and application conditions. Failure to purchase or review samples prior to ordering does not constitute grounds for a return, refund, or color-match claim.

Test patches: Before proceeding with full-scale application, the Purchaser is solely responsible for performing a test patch on a small, inconspicuous area of the intended substrate. Test patches allow the Purchaser to verify adhesion, color accuracy, finish appearance, and compatibility with site-specific conditions. ATRIA USA shall not be liable for any application results, product failure, or cosmetic issues that could have been identified through a test patch. Proceeding with full application without a test patch constitutes the Purchaser’s acceptance of all risk related to the final result.

9. Tariff & Import Clause

ATRIA USA products are imported from Colorificio Atria S.r.l., Sicily, Italy, and are subject to international trade conditions. If material costs increase by more than 5% due to tariffs, import duties, supply chain disruptions, manufacturer price changes, or currency fluctuations, pricing may be adjusted with written notice prior to shipment. In such event, the Purchaser may: (a) accept the adjusted pricing, (b) request substitute alternative materials, or (c) cancel the order subject to cancellation terms herein.

10. Shipping & Delivery

Shipping estimates: All shipping times are estimates, not guarantees. Standard domestic shipping is 3–7 business days within the continental United States. Expedited shipping is available upon request at additional cost. All orders are shipped from our Dallas, TX facility.

Risk of loss (F.O.B. Shipping Point): All shipments are F.O.B. Shipping Point (Dallas, TX). Risk of loss and title pass to the Purchaser upon delivery to the carrier at ATRIA USA’s facility. ATRIA USA is not responsible for carrier delays, lost packages, or damage in transit once the shipment has been tendered to the carrier. ATRIA USA will assist the Purchaser with filing carrier claims when applicable, but the Purchaser bears all risk during transit.

Shipping rates: Shipping rates are calculated at the time of order and are subject to change. Rates are locked in only upon invoice issuance or order completion. For orders requiring freight/LTL shipping (typically over 150 lbs), shipping will be quoted separately after order placement.

Inspection upon delivery: The Purchaser must inspect all deliveries upon receipt. For freight/LTL deliveries, the Purchaser must note any visible damage on the carrier’s delivery receipt before signing. Damage, shortages, or discrepancies must be reported to ATRIA USA within five (5) business days of delivery by emailing sales@atria-usa.com with: (a) the order number, (b) a written description of the damage or discrepancy, and (c) clear, timestamped photographs showing the damage and packaging condition. Claims submitted without photographic documentation, or submitted after the five (5) business day window, shall be deemed waived. Failure to report within this period constitutes acceptance of the shipment in good condition and waives all claims related to shipping damage or shortages.

Contact for shipping issues: sales@atria-usa.com | (972) 946-5741

11. Warranty Disclaimer

All products are sold “as is” and “with all faults.”

ATRIA USA makes no warranties, express or implied, regarding any product sold through this store. To the fullest extent permitted by law, ATRIA USA disclaims all warranties, including:

• The implied warranty of merchantability
• The implied warranty of fitness for a particular purpose
• Any warranty arising from course of dealing, usage of trade, or course of performance

ATRIA USA does not warrant that any product will meet the Purchaser’s requirements, produce specific results, or be suitable for any particular application.

No oral or written information or advice given by ATRIA USA, its employees, agents, or representatives shall create a warranty or expand this disclaimer.

12. Defective Product Policy

This section describes ATRIA USA’s voluntary goodwill policy and does not constitute a warranty.

If a product is delivered with a manufacturing defect (incorrect contents, contamination, or packaging damage compromising the product), and the Purchaser notifies ATRIA USA within fourteen (14) days of delivery with photographic evidence and order number, ATRIA USA may, at its sole discretion, replace the defective product or issue a refund of the product’s purchase price.

This policy applies only to manufacturing defects — not to dissatisfaction with application results, color variation, finish appearance, or outcomes related to application technique, surface preparation, or environmental conditions.

13. Returns Policy

Eligible returns: Unopened, unused products in original packaging may be returned within fifteen (15) days of delivery. A twenty percent (20%) restocking fee applies to all eligible returns.

Non-returnable items: The following cannot be returned or exchanged under any circumstances: custom-tinted products, opened or used products, two-component products that have been combined, and pallet-rate or bulk orders.

Return shipping: The Purchaser is responsible for all return shipping costs. All returns must be shipped prepaid to our Dallas, TX facility. Original shipping costs are non-refundable.

Refund scope: Refunds cover the product purchase price minus the restocking fee. Shipping costs, processing surcharges, and handling fees are non-refundable.

Color match claims: In the event of a color match error, a replacement will be considered only if products remain unused, in original packaging, and are returned within ten (10) days of delivery. The Purchaser is responsible for verifying color upon receipt and before application.

To initiate a return: Contact sales@atria-usa.com with your order number within the return window.

14. Cancellation Policy

Before shipment (un-tinted products): Orders may be cancelled for a full refund minus a 15% administrative fee.

Before shipment (custom-tinted products): Non-refundable once mixing has begun.

After shipment: Subject to the Returns Policy above.

15. Limitation of Liability

In no event shall ATRIA USA, its owners, officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages of any kind, including but not limited to:

• Loss of profits, revenue, or business opportunity
• Cost of labor, removal, or reapplication
• Damage to substrates, surfaces, or property
• Personal inconvenience or loss of use
• Any damages resulting from improper application

This limitation applies whether arising from contract, tort (including negligence), strict liability, or any other legal theory, even if ATRIA USA has been advised of the possibility of such damages.

ATRIA USA’s total aggregate liability for any and all claims arising from or related to any product shall not exceed the net purchase price actually paid by the Purchaser for the specific product(s) giving rise to the claim.

16. Indemnification

The Purchaser agrees to indemnify, defend, and hold harmless ATRIA USA, Euro Star Enterprises LLC, its owners, officers, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) the Purchaser’s use or misuse of any product; (b) failure to follow the Technical Data Sheet or application instructions; (c) any third-party claims arising from the Purchaser’s application of any product; (d) site conditions or hazards; (e) work performed by other contractors using ATRIA USA products; or (f) any breach of these Terms.

This indemnification obligation survives completion of the transaction and delivery of products.

17. Technical Support Disclaimer

ATRIA USA offers technical support to help customers achieve the best results. The technical team is available at:

• Email: sales@atria-usa.com
• Phone: (972) 946-5741
• Online: atria-usa.com — Find a Professional

Technical advice provided by ATRIA USA, whether in writing, verbally, or through any other medium, is offered in good faith based on our experience and does not constitute a warranty, guarantee of results, or assumption of liability.

The Purchaser remains solely responsible for all application decisions and outcomes. Verbal representations by sales staff, technical advisors, or any ATRIA USA representatives do not modify these Terms.

18. Backorder & Product Availability

Product availability is subject to change without notice. If an ordered item is out of stock or on backorder, ATRIA USA will notify the Purchaser within five (5) business days with an estimated availability date. If the item cannot be fulfilled within thirty (30) days, the Purchaser may cancel the backordered item for a full refund with no restocking fee.

ATRIA USA reserves the right to limit order quantities at its discretion.

19. Intellectual Property

All content on atria-usa.com — including but not limited to product photography, descriptions, technical data, design assets, color names, logos, and branding — is the proprietary property of Euro Star Enterprises LLC. Reproduction, republication, distribution, or commercial use of any content without prior written permission is strictly prohibited.

All design drawings, technical specifications, and proprietary application methods shared by ATRIA USA remain the intellectual property of Euro Star Enterprises LLC and may not be shared with third parties without written consent.

20. Privacy & Data Collection

Personal information collected through atria-usa.com is handled in accordance with our Privacy Policy. By placing an order, you consent to the collection and use of your information as described therein, including order processing, shipping, customer communication, and fraud prevention.

ATRIA USA does not sell or share personal information with third parties for marketing purposes.

21. Eligibility

By placing an order through atria-usa.com, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into this agreement; and (c) you will use the products in compliance with all applicable laws and regulations.

22. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from natural disasters, pandemics, government restrictions, supply chain disruptions, labor disputes, acts of war, or other circumstances beyond reasonable control.

23. Dispute Resolution

Any controversy or claim arising out of or relating to these Terms, any purchase, or the breach thereof, shall first be addressed through good-faith negotiation between the parties. If unresolved within thirty (30) days of written notice of dispute, the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Dallas County, Texas, before a single arbitrator who shall have a minimum of ten (10) years of professional experience in commercial law, construction materials, building products, or coatings and surface finishing industries. The arbitrator’s decision shall be final, binding, and non-appealable, and judgment on the award rendered may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines otherwise.

The parties expressly waive any right to a jury trial.

This arbitration clause shall survive termination of this agreement.

24. Governing Law

These Terms and any transaction arising from them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Venue for any matter not subject to arbitration shall be Dallas County, Texas.

25. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

26. Modification

ATRIA USA reserves the right to update or modify these Terms at any time without prior notice. The Terms in effect at the time of purchase shall apply to that transaction. Continued use of atria-usa.com after changes constitutes acceptance of the revised Terms.

27. Entire Agreement

These Terms, together with the Technical Data Sheets for each product purchased and any signed invoices, estimates, or change orders, constitute the entire agreement between ATRIA USA and the Purchaser regarding purchase and use of products. These Terms supersede any prior agreements, representations, or understandings, whether written or oral.