General conditions of Sale
General Conditions of Sale (GCS) for purchases made online on the website www.frangipani.it
Frangipani Srl invites users to read these General Conditions of Sale (“GCS”) which regulate the purchase of products and the management of orders placed on the site.
On the website www.frangipani.iT “Frangipani products” are offered for sale.
1. Conclusion of the contract and delivery of the products
1.1 Each order placed on www.frangipani.it implies the conclusion of a sales contract.
1.1 Each order placed on www.frangipani.it implies the conclusion of a sales contract in Italian. Once the order has been sent, Frangipani will send the customer an order confirmation email within 1 hour. The sales contract is concluded between Frangipani and the customer when the latter receives the order confirmation. If the customer does not receive any confirmation of the order within the term indicated in this art. 1.2., The relative order must be considered refused by Frangipani and, therefore, without effects.
1.3 Frangipani is only obliged to deliver what is available in the warehouse. Frangipani effettua le consegne nel solo territorio italiano. If the delivery time is expressed in working days, all those between Monday and Friday are understood as such, with the express exclusion of any holidays.
2. Prices and shipping costs
2.1 The customer is required to pay the price published on the product page at the time the order is sent. The indicated price is final and inclusive of VAT.
2.2 Shipping costs are paid by Frangipani, unless the customer opts for express delivery.
2.3 Express delivery has an additional cost and requires delivery of the goods within a maximum of 2 working days. If delivery does not take place within this period, the customer will be reimbursed for the shipping costs incurred.
3. Payment
3.1 Frangipani accepts different payment methods including, for indicative purposes:, by credit card and PayPal. Frangipani reserves the right to refuse certain payment methods and to request different payment methods for certain orders. Note that Frangipani only accepts payments from bank accounts within the European Union (EU) and that the customer is responsible for any costs associated with the transaction.
3.2 In the event of a purchase made with a credit card, the charge will take place at the time of shipment of the order.
3.3 The buyer agrees to receive invoices and credits exclusively in electronic format.
4. Right of withdrawal for Frangipani Products
The customer has the right to withdraw from the contract, indicating the reasons, within 14 days. The customer will not have the right to withdraw from the contract for “defects” of the uniqueness of the entirely handmade products (variation and color spots, discrepancies of the embroidery or applications). Reasons for all printing, tearing, cutting, wrong stitching defects will be accepted.
4.1 Information regarding the right of withdrawal (pursuant to art.49, paragraph 1, lett. (H) of Legislative Decree n. 206/2005 “Consumer Code”)
The customer has the right to withdraw from the contract within 14 days. The withdrawal period expires after 14 days starting from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last good ordered. In the case of a contract relating to multiple goods ordered by the customer in one order and delivered separately, the 14-day period starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good.
To exercise the right of withdrawal, it is necessary to inform Frangipani (Frangipani Srl e-mail: info@frangipani.it) of the decision to withdraw from this contract through any explicit declaration to this effect (for example, with a letter sent by e- email). For this purpose it is possible to use the standard withdrawal form downloadable here. If the customer decides not to use the attached standard withdrawal form, he must submit any other explicit declaration of his decision to withdraw from the contract.
Frangipani will immediately send a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail). The deadline set for the withdrawal is considered respected if the customer sends his declaration before the expiry of the 14-day term starting from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the last well ordered. In the case of a contract relating to multiple goods ordered by the customer in one order and delivered separately, the 14-day period starts from the day on which the customer or a third party, other than the carrier designated by the latter, acquires physical possession of the last good.
4.2 Effects of withdrawal
Following the withdrawal from this contract, Frangipani will reimburse all payments made by the buyer, without undue delay and in any case no later than 14 days from the day on which Frangipani is informed by the customer of the decision to exercise the right of withdrawal. These refunds will be made by bank transfer. In any case, the customer will not incur any costs as a consequence of this refund. The refund can be suspended until Frangipani receives the products subject to return or until the customer demonstrates that the goods have been shipped, if previous.
The customer is required to return or deliver the products without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract of sale.
The Products must be returned
– correctly packed in their original packaging and equipped with any accessories;
– equipped with the transport document (present in the original packaging), so as to allow Frangipani to identify the customer (Order number, name, surname and address);
– without manifest signs of use, if not those compatible with carrying out a normal test of the article (they must not show traces of prolonged use or in any case exceeding the time necessary for a test and must not be in a state that does not allow resale).
If the returned product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
The costs of returning the goods are borne by Frangipani as long as the customer uses the return documents provided by Frangipani and sends the goods from the country in which the delivery took place. Otherwise, the costs of the return will be borne by the customer. The customer is responsible for any decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the products themselves.
4.3 Standard withdrawal form
The customer who intends to withdraw from the contract using the standard withdrawal form downloadable hereis requested to fill it out and send it to info@frangipani.it
5. Refunds
Invoices will be issued exclusively in electronic format.
5.1 For payments made through PayPal the refund will be made to the PayPal account. For payments made by credit card, the refund will be made, alternatively, on the current account that the customer will indicate to Frangipani.
6. Applicable law
6.1 These GCS and purchase and sale contracts are governed by Italian law (and in particular by the Consumer Code – which in art. 46 to 67 governs distance contracts – and by Legislative Decree 70 of 09/04/2003 regarding e-commerce) and in light of this they must be interpreted.
6.2 For any dispute that may arise in connection with the GCS and / or purchase and sale contracts, customers may activate an out-of-court dispute resolution procedure in accordance with the requirements of art. 141 et seq. of the Consumer Code. In the event that the Customer activates the aforementioned Frangipani procedure, he guarantees his participation in an attempt at an amicable settlement that the user can promote in front of RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce.
6.3 The customer also has the right to make use of the online dispute resolution procedure available on http://ec.europa.eu/consumers/odr/
Best regards,
Frangipani Srl
Via Guglielmi 24/c
Martina Franca (TA)
Download the standard form for exercising the right of withdrawal