TERMS AND CONDITIONS
1 - General Provisions
The Company FRANCESCHETTI S.r.l., with registered office in via Fermana Nord, 95 – 63812 Montegranaro (FM), Italy, VAT code IT 00985770445 owns Franceschetti, Lendvay & Schwarcz e W.Gibbs brands, which is marketed and distributed through physical retailing and the website, owned by Franceschetti, www.franceschetti.it (hereinafter “Site”).
The present general terms and conditions (hereinafter Terms and Conditions), regulate the online selling of Franceschetti srl products (hereinafter Products),through the Site. These purchases are reserved to Site users, who reside in European Union’s area and who intend to make use of the sale services of the Products (hereinafter Customers).
The Customer is requested to acknowledge and read carefully the present Terms and Conditions before completing any purchase on the Site. Such information, in fact, are meant to be entirely read, understood and accepted by the Customer at the time of implementing a purchase order.
The Customer shall therefore follow these Terms and Conditions and consider Franceschetti srl as released by any different terms and conditions from those in force, not arranged in advance in writing form.
2 - Products
The available Products on the Site for the online purchase are footwear and fashion accessories.
All Products are subject to the availability at the time of the order. Franceschetti srl reserves the right to modify at any time the quantity and/or the type of products that may be purchased on the Site.
The Customer will be informed if the requested Product is not available.
3 - Prices
All the prices on the Site are established in Euro and they include any VAT and applicable fees. The prices do not include shipping and delivery charges.
Frasnceschetti srl uses its best endeavor to ensure that all pricing information on the Site are accurate, but cannot guarantee the absolute absence of mistakes. In the event that a mistake in the price of a Product shall occur, Franceschetti srl will allow the Customer the option to confirm the purchase of the Product at the correct price or to cancel the order. If Franceschetti srl is unable to contact the customer the order will be considered as cancelled.
4 - Promotional Offers
Franceschetti srl reserves the right to accomplish particular terms of sale or promotional offers on the Product(s) on the Site. The conditions applied to promotions shall be regulated from time to time by Franceschetti srl through special communications to the Customers. For all those conditions not otherwise regulated, the present Terms and Conditions will be considered enforceable.
5 - Registration
The assignment of these access codes ensures an anonymous login to the Customer. The customer is responsible for the disclosure of his/her own password to a third party for any reason.
The Customer shall be considered responsible for any action or irregular behavior against the laws in force or with the present Terms and Conditions committed by anyone using the personal account on his/her behalf. The Customer is required to promptly report to Franceschetti srl about any theft or loss of the password, as well as any improper use of the account or of the password committed by a third party.
6 - Purchase Procedure
The orders can be executed, subject to registration and creation of a Customer’s personal account, as described in previous paragraphs, following patterns and instructions specified in the Site, or accessing into the system with the checkout method.
7 - Purchase Agreement
The display and presentation of the Products in the Site is a mere invitation to treat and does not imply or amount to a contractual offer by Franceschetti srl. The Customer, by pressing the “place order” button in the “Order review” section (an “Order”) places the final order, which represents an offer to buy. Once an Order is placed Franceschetti srl will send an e-mail to the address indicated by the Customer, acknowledging the receipt of the Order and specifying the Order in detail (“Order Acknowledgement”). The Order Acknowledgement is a mere informational notice and not an acceptance of the offer by Franceschetti srl. The sale and purchase contract between Franceschetti srl and the Customer (the “Contract”) shall be formed when Franceschetti srl sends an e-mail confirming that the Order has been accepted and the Product dispatched and the terms upon which the contract shall be concluded (the “Dispatch Confirmation”).
8 - Payment Terms
The Customer may pay for the Products and the shipping expenses by credit card, Paypal or bank transfer.
In order to prevent internet frauds, the payment effected through the Site will be managed online by the assigned bank through the instruments offered by Visa – Master Card – American Express.
This company is responsible for the preservation and the for the automatically processing the information related to each order “including financial information” within a protected environment.
All financial information, such as credit card number, expiring date etc. are directly managed by Visa – Master Card – American Express, which guarantees for the security of online transactions. Franceschetti srl never get information with the essential data of credit cards and it isn’t therefore able to record nor keep them in any way.
The transaction will be charged to the Customer’s credit card only once the credit card data has been verified; and only after that Franceschetti srl has received the debiting authorization from the credit card issuer and Product availability has been verified by Franceschetti srl. The Customer’s credit card will be charged only once the order is ready to be shipped.
9 - Shipping and taxes
Franceschetti srl dispatches using UPS, except for Russia, where packages are dispatched with EMS.
The delivery cost and taxes/duties change depending on the destination, the package weight and the product value. You will see the delivery cost in the total amount in the purchasing process before you pay. For countries outside CE area, the courier may present you with a separate invoice from local authorities for duties owed. We invite you to verify local taxes and duties before placing an order on www.franceschetti.it.
In the event that, the shipping address is a country inside CE area, the price of the goods include VAT (21%); in the event that the shipping address is a country outside CE area, in accordance with the prevision of the Art. 8, c.1, lett. A) – 21 – 23, D.P.R. n. 633/1972, the price of the goods is free of VAT.
For further information please contact us to the e-mail: email@example.com.
10 - Shipping and delivery
For the delivery the Customer may choose his/her residence, domicile, place of work or the private address.
For security reasons the Product(s) purchased on the Site cannot be sent to P.O. Boxes or BFPO addresses and these orders will not be processed.
For each order completed on Site, Franceschetti srl will issue an invoice for the shipped Products, together with the Product in accordance with the prevision of the D.P.R. 445/2000 and D.L. 52/2004. For the invoice issuing Franceschetti srl will refer to the data provided by the Customer. Once the invoice has been issued no modification of the same will be possible.
The shipping and delivery expenses will be charged to the Customer and are clearly indicated in the online form. The shipping and delivery charges may vary depending on location and on the type of shipment requested.
All the Products will be shipped via UPS or EMS/QPE (hereinafter Courier) which will be delivered the next working day following the settlement of the order.
The orders will be delivered from Monday to Friday, with exception of holidays and public holidays. Franceschetti srl is not responsible for unpredictable delays, notwithstanding that, except for cases of Force Majure, the Product(s) will be delivered within a maximum of 15 (fifteen) days following the day after the submission to Franceschetti srl of the order by the Customer. For the delivery of the Products is required the presence of the Customer or of an authorized person, at the address indicated in the order. At the time of the delivery by the Courier, the Customer shall verify: that the packaging is not damaged, or wet or in any case tampered with the packaging materials, too.
Any damage in the packaging and or in the Product(s) or any discrepancy between the number of the boxes actually delivered and the number of the boxes indicated on the shipping document, shall be immediately notified by indicating it in writing on the Courier’s delivery documents. Once the Customer has signed the Currier’s shipping document, the Customer may not oppose objection on the external characteristic of the delivered goods.
In the event that, due to sudden and temporary unavailability of the Products, Franceschetti srl isn’t able to deliver the goods, Franceschetti srl shall promptly inform the Customer, and in any way within 15 (fifteen) days via e-mail.
The amount already paid by the Customer shall be credited as quickly as possible and in any case within thirty (30) days from the settlement of the purchase order.
11 - Tracking Number
Once the Product(s) have been sent, Franceschetti srl will send a confirmation e-mail to the Customer.
In order to guarantee the security of the delivery of the Products Franceschetti srl will keep the tracking number of each delivery.
12 - Returns, Cancellation and Withdrawal rights
Franceschetti srl wishes to offer the complete satisfaction of the Customer.
Franceschetti srl will refund the entire cost of the Product(s) returned by the Customer only if not used and not damaged and accompanied by the relevant invoice.
The costs incurred by Franceschetti srl for any customs clearance of returned goods, will be written off from the amount of reimbursement.
The refunds will be issued in the same form used for payment.
The purchased goods may be returned within maximum 15 (fifteen) days from the delivery date.
The Products purchased online cannot be refunded nor returned in any retail stores.
The delivery costs are not refundable.
All return delivery charges of the Products shall be charged to the Customer: each and any cost charged to the Customer for the return is not refundable.
Franceschetti srl reserves the right to refuse the return of those Products that do meet the requirements as per above paragraph. Franceschetti srl undertakes to promptly refund the Customer within 30 (thirty) days from the written order cancellation request and receipt of the goods.
Once the refund has been completed Francsschetti srl will send a confirmation e-mail.
Franceschetti srl recommends to use an insured courier for the return of the Product(s) in order to allow the tracking of the shipment.
Franceschetti srl will not be responsable for the refund or the compensation of those Products which have been lost, stolen or damaged.
According to the previsions of article 64 of the D. lgs n. 206/2005, the Customer has the right to withdraw from the agreement without any penalty and without specifying the reason within the term of 15 (fifteen) working days from the receipt of the Products, except the provisions of following paragraphs.
The Customer may withdraw from the present agreement sending a written communication to the following e-mail address: firstname.lastname@example.org. This written communication shall contain:
– the express will of the Customer to avail himself of the right to withdraw from the agreement according to the prevision of article 64 of the D. lgs n. 206/2005;
– the details of the Products for which the Customer wants to withdraw;
– the order number issued at the time of the purchase.
This notice may be sent within the above stated period of 15 (fifteen) working days also via telegram, telex, fax, too with the only condition that the notice have to be sent via registered mail with advice note within the following 48 (forty-eight) hours. If the Customer decide to modify or delete the submitted order, the Customer shall promptly send an e-mail at the following address: email@example.com within 24 (twenty-four) hours from the submission.
Francescheti srl will use its best endeavors to satisfy the Customer. Moreover, once the product has been sent, the order may no longer be modified nor deleted until the Products have been duly returned to Franceschetti srl.
13 - Defective product
If the Customer considers that the delivered Product does not conform to the Contract or that the Product is defective, the Customer must promptly contact Franceschetti srl sending an e-mail to firstname.lastname@example.org , and furnish details of the Product and the alleged defect. The Customer shall return the Product and a paper copy of the contestation e-mail to Franceschetti srl.
Franceschetti srl will fully examine the returned Product and will notify the Customer by e-mail of his right to a repair or a replacement or refund (if any). The refund will include the purchase price in full and the cost incurred by the Customer in returning the item to Franceschetti srl. The replacement or the refund will be processed within 30 (thirty) days from the day Franceschetti srl confirmed by e-mail the eligibility of the Customer to a repair or a refund or replacement of the Product, as the case may be.
Franceschetti srl is not liable for defects caused by delivery made by third parties.
Franceschetti srl assumes no responsibility or liability whatsoever for damages arising from improper or negligent use of the Product, alteration of the same or normal wear and tear.
14 - Errors and Mistakes
Franceschetti srl uses its best endeavors in order to keep the information on the Site constantly updated. Nevertheless it is not possible to guarantee the complete absence of mistakes on the Site. The Site might carry typo’s, errors, inaccuracies and omissions some of which may refer to the price of the Product, to the Product availability and/or to the details of the Products.
Franceschetti srl reserves the right to amend the errors and inaccuracies also after that the order has been submitted and furthermore reserves the right to amend or modify the information on the Site at any time without prior communication.
15 - Guarantee of Authenticity
Franceschetti srl guarantees the authenticity of all the Products purchased on the Site. The Products marked Franceschetti srl are produced entirely in Italy and made with the best materials.
All the intellectual property rights such as trademarks, service trademarks, marks and copyrights are exclusive property of Franceschetti srl. No page or other content of the Site may be reproduced without the prior written approval of Franceschetti srl.
All material or content supplied as part of the website www.franceschetti.it, including tests, documents, logo, images, graphics, videos, setting, look, feel and modifications are governed by the law and statutory provisions on intellectual property and are protected by copyright. It is prohibited to copy, alter, distribute, translate, utilize, file or publish the aforesaid contents on different websites without written authorisation by Franceschetti srl.
Viewing, downloading and printing Franceschetti’s website’s contents is allowed for personal use only and the User cannot claim any rights in respect thereof.
The trade marks “Franceschetti”, “Lendvay & Schwarcz” and “W.Gibbs”, are registered trade marks of Franceschetti S.r.l. The trade mark “Franceschetti” constitutes the company’s identification in the market.
16 - Changes to general terms and conditions
The present Terms and Conditions are regulated by the Italian law, including the Legislative Decree 6 September 2005, no. 70 (Italian Consumer Protection Code), and the Italian Legislative Decree 9 April 2003, no.70 (e-commerce law). Franceschetti srl reserves the right to modify the present Terms and Conditions of sale at any time. Any changes, modifications, removals or addition will go into force just after their submitted communication means of notes issued on the Site. Once the communication is given any access and use of Franceschetti srl services by the Customer is meant to be considered as a complete acceptance of the changes that have occurred.
For any dispute concerning from the interpretation of these General Terms and Conditions or in connection to the navigation or the use of the Site between Franceschetti srl and the Customer, the competent court shall be the court of residence or domicile of the customer.
17 - Contacts
Foor any further information and assistance on the Site and or on the online purchase please contact us at the following e-mail address: email@example.com or at the following address:
Via Fermana Nord, 95 – 63812 Montegranaro (FM)
Tel +39 0734 88706 – Fax +39 0734 892998