The website www.franzi1864.com (the “Website”) is operated by Franzi 1864 S.R.L., an Italian company with headquarters at Via Bernardino Zenale 13, 20123 Milano, Italy and registered in the Italian Register MI – 2111944 at the Camera di Commercio Milano (“Franzi”). Franzi may be contacted by email at the following address: email@example.com.
The products shown here are intended to be sold exclusively to end customers who act exclusively for their own, personal needs and not with the intention of own commercial activities, for instance re-selling the products.
By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts. Please read the following terms and conditions (the “Terms and Conditions”) carefully before ordering any product on this Website. Any order through this Website will be subject to these Terms and Conditions.
Franzi reserves the right to amend these Terms and Conditions at all times without notice. We invite you to check the latest version of the Terms and Conditions before placing an order. If you order products after we post changes to these Terms and Conditions, you confirm your acceptance with the new terms.
2. ORDERING A BAG AND AVAILABILITY
All products shown on the Website are subject to availability. Although we seek to publish information on the Website that is, to our best knowledge, correct and up to date, certain products shown on the Website may no longer be available for purchase. Franzi 1864 S.R.L. apologizes for any possible typing errors, wrong product descriptions or manifest errors (such as incorrect prices) on the Website for which Franzi 1864 S.R.L. cannot accept any legal responsibility.
We make our best efforts to produce high quality images of our product selection. However, minor differences in colour and other variations in products are always possible. The product offerings on our Website are non-binding and only constitute an invitation to the customer to place an order. All orders are subject to acceptance by us. Franzi reserves the right to change the products offered on the Website at any time.
3. ORDER AND PAYMENT PROCESS
Once you have chosen a product you wish to order, click on the “Add to cart” button. The selected product will be placed in your Virtual Cart. You can monitor at any time the products you have selected by clicking on the “Virtual Shopping Bag” button and remove or add any product.
When you have completed your selection and wish to confirm the contents of your virtual shopping cart, “Proceed to checkout” and follow instructions. You will be asked to enter your name, address of residence, e-mail address and telephone number, and delivery address.
Once this information has been duly entered and confirmed, the price of the products and any eventual charges will be displayed. Please verify that your collection is correct before confirming the order. If you agree with the selection and the price, please click on the “Proceed to payment” button.
By clicking on the “Proceed to payment” button, you place a binding order for the products in your virtual shopping cart.
The order is successfully completed if it has been confirmed by Franzi with a confirmation e-mail. The confirmation email will entail payment details.
You will receive payment details with your confirmation email. Only once payment has been received in full, we can commence the shipment process. We accept the following payment methods: Mastercard, Visa, American Express and Paypal.
The products remain the property of Franzi until the purchase price has been paid in full by the customer. Irrespective of the title of property, the risk of loss and damage shall pass to the customer at the time of delivery.
The order is successfully completed if it has been confirmed by Franzi with a confirmation e-mail. This confirmation e-mail does not yet constitute the acceptance of the customer's order by Franzi. All orders are subject to availability and acceptance. We reserve the right not to accept an order, for instance in case that (i) products are shown on the Website but are no longer available; (ii) products shown on the Website contain a manifest price error; (iii) we are unable to obtain authorisation for your payment; (iv) we are currently not shipping to the delivery address given. We will inform you about the inability to supply the products without undue delay and will reimburse you immediately for any sums which have already been paid for the unavailable products. The purchase contract is deemed to have been concluded when you receive a confirmation from Franzi that the products have been shipped to you.
The products are sold at the price in effect at the time of the order, as indicated on our Website. The prices are shown in local currency, relevant for the country of delivery, inclusive of VAT (where applicable) and any other applicable custom duties and inclusive of the delivery costs that are offered by Franzi. Orders are payable in the currency given on the invoice. Franzi will manage to pay any customs duties or any other similar local charges or taxes in all countries of delivery (see 5b) apart from the United Kingdom (see below). Any such custom duties, similar taxes or charges will be paid by Franzi and the latter will also manage to make any necessary declarations to the competent authorities of the country of delivery. Customers in the United Kingdom, however, will have to pay Franzi the net amount stated on the invoice in British Pound Sterling and pay all other customs duties and local charges or taxes directly to the relevant authorities/third parties in the United Kingdom.
Franzi reserves the right to adapt its prices at any time, but the changes shall not apply to any orders for which you have received a confirmation e-mail, unless there is a manifest price error. In this case, we will inform you of the price problem as soon as possible. You may cancel your order when we inform you of the error.
5. DELIVERY, RETURNING A BAG AND REIMBURSEMENTS
We aim to deliver your order within 7 to 10 working days after confirmation of your order. If, for any reason whatsoever, the products are not delivered within 30 days of the order confirmation email, you are entitled to cancel the contract and be refunded for any amounts paid by you.
Delivery times vary depending on the type of product you order, your delivery address and the period of the year. Delivery dates are indicative and shall not be regarded as strict deadlines.
COUNTRIES OF DELIVERY
We will deliver the products to the delivery address that you indicated when placing the order. If your delivery address is outside the European Union or European Economic Area please verify delivery and retail prices with us before ordering: firstname.lastname@example.org. Unless agreed otherwise, the suitable mode of delivery and the carrier is determined by Franzi.
Franzi is entitled to make partial deliveries of products subject to a single sales agreement. Additional delivery costs will be borne by the Franzi.
RETURNING A BAG
1. RETURN NOTIFICATION
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of delivery of the product(s). If several products are ordered in a single order and delivered separately, the period of fourteen (14) days is calculated from the date of delivery of the last product. To exercise the right of withdrawal, you must inform us of your decision to return the product(s) in writing (e.g. a letter sent by post or e-mail) to the following address:
FRANZI 1864 S.R.L.
Via Bernardino Zenale, 13
20123 Milano, Italy
To meet the withdrawal deadline, it is sufficient for you to inform us of your wish to return a product before the withdrawal period has expired. The return is successfully completed if it has been confirmed by Franzi with a confirmation e-mail. The right of withdrawal and the possibility to return the products does not apply to any custom-made products made to our client’s specifications or those products clearly personalised.
2. RETURN COSTS AND RETURN LABEL
Franzi will pay the return costs. You will be able to return the products by using our courier services and by following the return process that we will describe to you in more detail in an email. In case of a return, please make sure that you package the bag carefully so that it cannot be damaged during the return process, using the original packaging and packaging material. Please contact our client service at the following address: email@example.com
3. LIABILITY AND CONDITION OF THE BAG
The products must be returned in the same condition as they were delivered. You are only liable for any damage or diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the products. You must ensure that the products are intact, that they have not been used, worn or damaged in any manner whatsoever. We reserve the right to refuse the return of products which have been damaged or deteriorated or which are in a condition that clearly shows that they have been used for purposes other than the controls which are strictly necessary for the evaluation of the nature and characteristics of the products.
4. REIMBURSEMENT FOR RETURNED BAGS
If you return your products, we will reimburse to you all payments received from you, (with the exception any return costs that have not been pre-agreed or any return costs other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we will have received the products in return. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6. DEFAULTS AND DEFECTS
You must inspect the products at the time of delivery and notify any lack of conformity or defects in writing without undue delay. This notice shall be deemed to have been made without undue delay if it is sent within five working days after delivery or, if the defect was not apparent during a normal inspection, no later than within three working days after the defect has been detected. If you fail to provide such notification, the products shall be deemed to be approved by you.
REPLACING A PRODUCT
In the event of a non-conformity or defect in the product, you are entitled to request the repair of the defect or the replacement by another defect-free product. We are entitled to refuse the repair or replacement requested by the customer if such repair or replacement would result in unreasonable costs. If the product cannot be repaired or replaced within a reasonable period, you are entitled to cancel the sales agreement, reduce the purchase price or claim damages, in each case in accordance with applicable law.
7. IMPORTANT LEGAL INFORMATION
Franzi is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and other intellectual property (collectively, the “Intellectual Property”) related to the Website and the products. Your use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property rights. Except as provided in these Terms and Conditions, any use or reproduction of the Intellectual Property is prohibited. You may not, in particular copy or reproduce the Website and/or any part thereof, including the photos of the products.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, either party’s liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the sales contract was concluded. In accordance with the article 1229 of the Italian Civil Code, these Terms and Conditions do not purport to exclude or limit either party’s responsibility for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by the responsible party’s failure to use reasonable care and skill; or for gross negligence or willful misconduct.
Neither Franzi, nor the customer shall be held liable to the other party for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is due to an event beyond the reasonable control of such party including, but not limited to, the following events: strikes or labor disputes, embargo, epidemic, disease, natural disasters, governmental provisions, wars, fires, floods, explosions or popular movements. For the avoidance of doubt, nothing in this article authorises the customer not to fulfill its payment obligations. The existence of a force majeure event shall justify the suspension of the obligations of the party affected by force majeure. If such period of delay exceeds sixty (60) calendar days from the date of commencement of the force majeure event, then either party may terminate the applicable order immediately upon written notice to the other party.
PROTECTION OF PERSONAL DATA
You may exercise your rights (e.g. the right of access, rectification, deletion, opposition, etc.) by email to firstname.lastname@example.org.
Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. If a provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that prohibition or unenforceability shall not invalidate the remaining provisions thereof which will remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed and construed in accordance with Italian law, excluding the UN Convention on Contracts for the International Sale of Products. Any dispute arising from, or related to, the use of the Website, the purchase of products and/or these Terms and Conditions will be referred to the Courts of Milan (Italy). The consumer is entitled to bring legal actions against Franzi before the local courts in its country of residence.
You may also make use of the EU platform for out-of-court online dispute resolution. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/.
For purposes of sections 1341 and 1342 of the Italian Civil Code, the following provisions are expressly agreed and accepted by the customer:
Article 5 – Delivery, Returns and Reimbursements
Article 8 – Limitation of Liability
Article 12 – Applicable Law and Jurisdiction