Termini e condizioni del servizio

Terms and Conditions of Sale

The Terms and Conditions of Sale for the purchase of products under the trademarks ‘Franklin & Marshall’ and any variations thereof ("Products") displayed on this site ("Site") are included in this contract of sale ("Contract"). The Products purchased on this Site are sold by Franklin S.r.l. a company incorporated in Italy having its registered[F1.1] office at VIA COSTA DEL BUSO 1, NEGRAR DI VALPOLICELLA (VR), Italy, and holding VAT no. 05135800232 (the “Seller”) and registered with the Chamber of Commerce of Verona under REA NO.VR 473186.
Every user visiting the Site ("User") is invited to view the Contract before completing an order for purchase of Products on the Site ("Order"). The purchase of Products on this Site implies the acceptance of these Terms and Conditions of Sale, therefore, every User is invited to review these Terms and Conditions of Sale carefully and make sure that he or she understands them before placing an Order.

These Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of Orders relating to Products on this Site between the Users and the Seller.
The Seller may amend these Terms and Conditions from time to time. Any amendment will apply only to Orders placed after the date on which the amended version is published on the Site, and will not affect Orders already accepted by the Seller.

1. Customers

The purchase of Products on this Site is allowed only to customers ("Customers") – which means any individuals who are acting for purposes which are outside their trade, business or profession, and are eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed.
When submitting an Order, Customers must provide all the personal information required by this Site, including but not limited to their own first name, surname,  email address, billing and delivery address. All such information must be true, accurate and up to date.
Users cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.

The Seller reserves the right not to process orders received from users who are not "Consumers". 
Products sold on this Site are not meant for resale.

2. Acceptance of an Order – Contract of sale

The acceptance of the Order on the part of the Seller takes place when the latter sends a purchase confirmation to the Customer by email ("Confirmation Email or Order Confirmation"). Only the Products listed in the Confirmation Email are included in the Contract. The relevant Contract shall be considered formed at the time of receipt of the Confirmation Email on the part of the Customer. Pre-email communications shall not be binding. Before the Contract is formed, the Seller reserves the right to refuse acceptance of an Order for legitimate commercial reasons. Such reasons include, but are not limited to, one of the following:

 

·     The Product ordered is out of stock or is withdrawn due to the shipping restrictions applicable to one or all of the ordered items.

·     The Seller identifies a pricing or product description error.

·     The Seller is unable to obtain authorisation for payment.

·     The Customer does not meet the eligibility criteria to purchase as set out in these Terms and Conditions of Sale.

 

If the Customer makes a mistake with the Order he or she may be able to amend it by email prior to the dispatch of the Confirmation Email. If the Confirmation Email has already been dispatched the Customer will be unable to amend the Order save with the prior written consent of the Seller, without prejudice to the Return Policy (please see article 7 below).

English is the language used for executing Contracts with the Seller.

3. Payments

Orders may be made using the following methods of payment:

Visa

Mastercard

Maestro
American Express
Apple Pay

Union Pay

Shop Pay

Google Pay

PayPal

(collectively, the "Payment methods").
The Seller will proceed to charge the price of the purchase, as defined below ("Price"), at the same time as the acceptance of the Order. However, prior to the acceptance of the Order, security checks may be carried out regarding the Payment method chosen by the Customer for the Order, or a pre-authorisation or a pre-charge for the sake of caution.
The Seller uses a primary gateway for the authorisation of payments for Orders ("Payment gateway"); as a result, the Seller will not directly manage any financial information relating to the Payment method used by the Customer, nor will the Site process any financial information provided for the completion of the Order.
The Payment Gateway protects the details of the credit or debit card used, encrypting sensitive information in order to ensure that they are transmitted securely. In the unlikely event of error, negligence or any wrongdoing in relation to the management of the transaction linked to an Order by the Payment Gateway and/or the intermediary systems for payment, neither the Seller nor the Site will be responsible for such error, negligence or wrongdoing.
The Seller reserves the right to cancel a transaction and the relevant Order if it appears that fraudulent use is being made of the Payment method adopted for the Order. Moreover, the Seller and the Site will not be responsible in the event that illegal use is made of a Payment method by third parties which is not connected to any error or negligence by the Site or the Seller.

4. Shipping and deliveries

The Seller shall deliver the Products within a maximum of 30 days from the conclusion of the Contract, unless a different term is expressly agreed or provided by mandatory local law. In case of delay, the Customer shall be entitled to the remedies provided by applicable law, except where an event occurs which is beyond the reasonable control of the Seller and which is not attributable to any wilful act, neglect or failure to take reasonable preventative action by the Seller and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epidemics, pandemics, earthquake or other adverse weather conditions, governmental restrictions, occurrences related to customs procedures ("Force Majeure Event").
To this extent, the Seller shall be exempt from responsibility for delays due to Force Majeure Event.
Customers are encouraged to do everything in their power to facilitate the delivery of the Order, making themselves available for receipt or delegating to a third party.

The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
5. Prices

All the prices published on the Site are inclusive of VAT ("Price"). The Prices will be shown in Euro (EUR) or other currencies as may be determined by the Seller.

In addition to the Price, the Customer shall pay the delivery cost.
Prices are subject to change at the Seller’s discretion. Any amendments made to the Prices will have effect from the date of their publication on the Site, with no retroactive effect on Orders that have already been accepted via a Confirmation Email.
Except in the event of a recognisable error in accordance with article 1431 of the Italian civil code, the Seller reserves the right to refuse acceptance of an Order for reason of error in the Price published on the Site or indicated in the email sent to confirm the receipt of the Order, that is, before the acceptance of the same Order by the Seller.

6. Defective and non-conforming Products – Warranty

Subject to the provisions set out in article 4 above, the Seller assumes responsibility for every defect in the Products.
The Seller warrants to the Customer that the Products sold are not defective and that they conform to what has been set out in the Contract, that is, in particular, that the Products:

• Conform to the description provided on the Site and possess the qualities of the Products that the Seller has presented to the Customer as a sample or model;
• Are appropriate for the purpose that goods of the same kind are normally used for;
• Possess the usual qualities and characteristics of goods of the same kind, and that the Customer can reasonably expect, taking into account the nature of the good.

For technological reasons, neither the Seller, nor the Site can guarantee that the visualisation of the colours on the screen will always be accurate.
Minor variations in colour, texture, finish, or appearance may occur due to screen settings or production tolerances and shall not by themselves constitute non-conformity, provided they do not materially affect the essential characteristics of the Product.
Subject to mandatory consumer protection laws, the Seller is liable for any lack of conformity existing at the time of delivery and manifested within 2 (two) years from delivery of the Products. The Customer may be required, where permitted by applicable law, to notify the Seller of the lack of conformity within the time limit prescribed by such law.

In the event of a lack of conformity, the Customer is entitled to the remedies provided by applicable law, including repair or replacement where available. Where repair or replacement is impossible, disproportionate, not carried out within a reasonable time, or would cause significant inconvenience, the Customer is entitled to a price reduction or refund, as applicable. These Terms and Conditions of Sale shall not affect any statutory consumer right.
In the event of a lack of conformity, the Customer may contact the Seller by sending an email to info@franklinandmarshall.com. After receiving notice from the Customer, the Seller will contact the Customer to arrange the collection of the Products. 

The mere receipt of the returned Products by the Seller does not in any way represent recognition of a lack of conformity, as the Seller must first conduct a proper inspection to verify the defect.

7. Return of Products and Refunds

Please click here for details of our Return Policy, which is part of these Terms and Conditions of Sale.

8. Privacy Policy
The Customers will find information on how their personal data are processed by clicking on Privacy Policy.

9. Applicable law and disputes

These Terms and Conditions of Sale, and any contract of sale between the Seller and the Customer, shall be governed by and construed in accordance with Italian law, without prejudice to any mandatory consumer protection provisions of the law of the country in which the Customer has their habitual residence. Any dispute arising out of or in connection with these Terms and Conditions of Sale shall be subject to the mandatory and exclusive jurisdiction of the competent court of the place where the Customer is domiciled or resident. Alternatively, the Customer (but not the Seller) may elect to bring proceedings against the Seller before the Courts of Verona, Italy.

For European Union countries only: Considering that the Seller is always available to seek an amicable solution to disputes that have arisen, through the contacts indicated in the previous sections, please note that, pursuant to Article 14 of Regulation EU no. 524/2013 and the resolution regarding ODR approved by Legislative Instrument no. 500/2015 in force since 15th February 2016, an online platform was established by the European Commission for the resolution of ODR ("online dispute resolution") disputes deriving from the purchase of online goods. Through the ODR platform, it is possible to consult the list of ODR bodies, find the link for each of them and start an online procedure for the resolution of disputes.

10. Communications and complaints

For every communication, notification or complaint relating to an Order and to the application of these Terms and Conditions of Sale, the Customer can contact us at info@franklinandmarshall.com.

11. Miscellaneous

In the present Contract, the singular form includes the plural and vice versa, depending on the context.
No waiver of the right to access remedies for the breach of the present Contract on the part of the Seller represents a waiver in relation to previous or subsequent breaches of any other provision contained in the Contract.
If any of the provisions of the present Contract is found by a court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from the Contract and the remaining provisions of this Contract shall continue in full force and effect.