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Preamble
These General Terms and Conditions of Online Sales (hereafter referred to as "GTC") govern the sales contract (hereinafter referred to as the "Contract") for products (hereinafter referred to as "product" or "products") offered by Franchino Srl – with a share capital of €50,000.00, located at Piazza Giulio Rodinò 18, 80121 Naples, Tax ID/VAT No. 10398811215, registered in the REA at the Chamber of Commerce No.1103293 - through its website www.frhd.it to users of the site (hereinafter referred to as "customers" or "customer").
These General Terms and Conditions of Sale apply exclusively to customers who qualify as "consumers" under Article 3, paragraph 1, letter a), of Legislative Decree no. 206 of September 6, 2005, namely "individuals who are acting for purposes which are outside their trade, business, craft or profession."
All information contained on the site is in Italian and English. The customer declares to have read all the aforementioned information and general conditions of sale before placing an order.
Before ordering the product, the customer declares that the purchase of said product is not directly related to their professional activity, as their purchase is intended for personal use.
The customer also declares to have the legal capacity to commit as stipulated in these general conditions.
1 - Subject
These general conditions of sale define the rights and obligations of the parties within the context of a distance sale of goods offered in the online store www.frhd.it.
2 - Territory and coverage of the offer
These general conditions of sale refer to sales made to consumers both in Italy and abroad.
3 - Contractual documents
This contract is composed of the following documents:
- These general conditions of sale
- The order confirmation
Photographs illustrating products on the website are not contractually binding and are solely for descriptive purposes.
4 - Order reception
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can only be questioned in the cases provided for in this contract under the articles "Right of Withdrawal" and "Order Execution.”
Orders for customized products and special finishes can be canceled within 7 days of payment, after which time the order cannot be canceled.
5 - Order acceptance
The conclusion of the contract will only take place at the time of the order confirmation by FRHD. The customer will receive an email notification containing the order confirmation with all the elements of the contract (including ordered products, prices, delivery dates, shipping costs). FRHD reserves the right not to confirm an order for any reason, particularly relating to a product supply issue, or a problem regarding the order received.
6 - Prices - Invoice
Prices are expressed in Euros and include VAT at 22%. Companies with VAT numbers registered in an EU member state and citizens and companies outside the EU, as well as private Swiss and Norwegian citizens, can purchase on FRHD without Italian taxes being applied. It is understood that customs duties of the destination countries remain the customer’s responsibility.
7 - Payment
The customer wishing to proceed with the purchase of products must express this intention through a request made directly on the site, in the dedicated section, where, following the indicated procedures, they will send their purchase order and make the payment.
The payment of the amount is due at the moment of the order.
The customer undertakes to pay the agreed price for the product ordered on the website (price of the products and transport) using the available payment methods. The customer guarantees to FRHD that they have the necessary authorizations to use the payment method indicated at the time of the order.
8 - Transfer of risks
The transfer of risks to the customer occurs upon delivery of the products to the carrier by FRHD. During the withdrawal period mentioned in Article 13, the customer is responsible for the item as custodian. In case of damage or destruction of the product during the customer’s custody, the customer will bear all the consequences.
9 - Execution of the order
The order will be executed within the terms specified on the Site and upon acceptance of the order by FRHD and, in any case, within 30 days following the order confirmation subject to the availability of the ordered product and unless specifically agreed between the parties.
10 - Delivery
The geographical area of delivery corresponds to the coverage area of the offer. Deliveries are made from Monday to Friday.
Products are delivered to the address indicated by the customer. Delivery is considered to the ground floor or to the floor if the courier used provides this service. Details will be specified by email at the time of shipment of the order. FRHD does not provide installation services for the sold products.
11 - Withdrawal of products in case of the customer's absence
In case of the recipient's absence during delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. In case of the recipient's absence at the second delivery attempt, the products must be picked up at the address and according to the procedures indicated by the carrier.
12 - Right of withdrawal
Under Article 5 of Legislative Decree of May 22, 1999, No. 185, the Customer (if they can be qualified as a "consumer" under Article 1 letter b) of Legislative Decree No. 185 of May 22, 1999) has the right to withdraw from the contract and return the ordered Products without penalty and without specifying the reason, within 14 (fourteen) days from the receipt of the Products.
The right of withdrawal referred to in the previous article cannot be exercised by the Customer in the case where the purchased Products are tailor-made or clearly personalized. The right of withdrawal referred to in the previous article may be exercised by the Customer without stating the reasons, within 14 days. The withdrawal period expires after 14 days from when the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us by post:
Piazza Giulio Rodinò 18 90121 Naples
or via email: info@frhd.it of the decision to withdraw from this contract by an explicit statement (for example, a letter sent by post, fax, or email).
13 - Guarantee
To avoid any inconvenience, products are subject to random checks by FRHD before being shipped. However, the customer benefits from the manufacturer's warranty valid for 30 days following delivery, provided that the product has been used normally and in accordance with the recommendations set out in the documents attached to the products and in the relevant instruction manuals.
In any case, the products sold benefit from the legal warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code. This does not cover damages, breakages, or malfunctions due to non-compliance with the usage precautions. To activate the warranty, the customer returns the product to FRHD at their expense along with the original invoice.
The product will be exchanged with an identical product and sent to the customer at the expense of FRHD, except in case of stock outages or cessation of production of the range offered by FRHD. In the latter case, FRHD will proceed with the refund of the product's price to the customer.
14 - Use of the site
The descriptions of the products and the images on the site correspond to what is made available by the suppliers of FRHD to FRHD itself. The photographs and videos of the products accompanying the descriptive information are published on the site for descriptive purposes, considering that the quality of the images, including an exact display of color variants, may depend on software and computer tools used by the customer at the time of connecting to the site. FRHD assumes no responsibility for problems caused to the customer by the use of the site and the technologies employed as these do not depend on FRHD’s will.
15 - Intellectual and industrial property rights
FRHD informs that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration, or transformation, in any form and for any purpose, is prohibited. FRHD reserves the right to take legal action to protect these aspects. FRHD assumes no responsibility regarding the trademarks and other distinctive signs that appear on the products marketed on the site, in respect of which the customer does not acquire any rights following the conclusion of the Contract.
16 - Personal data protection
FRHD is the holder of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for data related to the payment procedure for which reference is made to the banks through which the transaction takes place. For information relating to the processing of personal data, including the rights under Art. 7 of Legislative Decree 196/03, please refer to the detailed information provided at the time of registration on the website www.frhd.it
17 - Electronic signature
The "validation click" constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
18 - Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or specific conditions communicated by the customer can be integrated into or deviate from these general conditions.
19 - Nullity
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
20 - Communications
For any communication, it is possible to contact FRHD at the following details:
Tel. 0039 0823971916
Email: info@frhd.it
21 - Applicable law
The sales contract between the Customer and Franchino Srl is concluded in Italy and governed by Italian law.
22 - Payment methods
Payment can be made via: Bank transfer, PayPal, and Credit Card.
