Loading cart contents...
The offer and the sale of products through this online shop is proposed by the company FRANCHINO, and are drawn up in compliance with the regulations on electronic commerce and distance sale contracts.
Franchino Mario & Co. s.a.s.
Via Domiziana 249, Mondragone 81034 (CE)
Tel: (+39) 0823 971916
E-mail: [email protected]
The Customer declares to have read all the information and general conditions of sale presented herein, before placing an order.
General conditions of sale
These general conditions of sale (“General Conditions”) regulate methods and conditions of sale of the products marketed by FRANCHINO (“Products”).
All sales contracts for the products sold by FRANCHINO to third parties (“Customers”) are regulated by these General Conditions, which are an integral and essential part of any proposal, order and placement of a purchase order for the Products. Sales conditions applied to the orders are those in force at the moment of placing the order.
Products: prices and features
1) Unless otherwise agreed, Products prices published on the website by FRANCHINO are in Euros and are VAT included. Prices guaranteed to the Customer shall be those published on the Website when the order is placed. The price stated at the moment of purchase is fixed and definitive.
Prices presented on the Website by FRANCHINO cancel and replace the previously stated ones, and are subject to Products availability.
Technical and functional features of the Products published by FRANCHINO contained in this Website to illustrate Products, are those sent by producers. FRANCHINO is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
Products cannot be sent for testing. Although FRANCHINO operators can provide Customers with information on the Products, the Customer is responsible for the choice of the Products ordered and for their conformity to the specifications sent by each producer.
2) Orders – billing
Each order placed on shop.franchino.it represents a contractual proposal of the Customer. Clearance of the order by FRANCHINO represents its confirmation and acceptance.
Tax documents related to orders will be issued by FRANCHINO at the time of dispatching Products to the Customers. The invoice will be issued by FRANCHINO The Customer will have to indicate the exact necessary information and the billing address.
3) Order fulfilment
The order will be fulfilled according to the terms stated on the Website. Deliveries usually take place within 3/5 days, if Products are marked as “available”.
Should the order not be executed (in the event of unavailability of the Product ordered by the Customer), FRANCHINO will inform the Customer as soon as possible about the delivery times for the supply of the unavailable products. Should the Customer not intend to wait (no later than 30 – thirty – weekdays) and decide to give up the Product, FRANCHINO will refund the Customer of the price paid at the time of the purchase.
In the event of breakage, stock depletion or unavailability of the ordered Product, FRANCHINO will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice: to wait for the Product supply or to request a refund.
4) Order acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by FRANCHINO
The Customer will be notified of the acceptance by fax, standard mail or e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs, …)
FRANCHINO reserves the option not to confirm any order for whatever reason, especially if involving supply problems or the order itself.
5) Products delivery
Products are shipped to the address stated by the Customer. Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card and PayPal payments are attested by the transaction confirmation by the circuit.
We deliver through qualified express couriers, such as SDA, UPS, TNT, FEDEX to guarantee the quality of our service and Products integrity.
6) Products pick-up in the absence of the customer
Should the recipient be absent during the delivery, the courier will leave a note stating address and method for collecting the package. If the Customer does not collect the package within the deadline indicated by the courier, Products will have to be returned carriage paid to FRANCHINO, that reserves the right to refund the Customer for the price of the Product, shipping costs not included.
In the event of a Product error, the Customer is in charge of returning the Product(s) to FRANCHINO within 7 (seven) days from delivery, in the original and intact packaging, with its delivery note.
Once the Product is received in its correct form, FRANCHINO will send at its own expenses the right Product initially ordered.
7) Force majeure
The following cases are to be considered as force majeure, apart from those specified by law:
Total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, governative or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet.
Force majeure will cause the suspension of the order. If after 3 (three) months the parties observe the persistance of the force majeure, the order will be automatically cancelled, unless otherwise agreed.
8) Products warranties – Technical assistance
FRANCHINO only guarantees Products integrity until delivery time (further on, la “Garanzia FRANCHINO”).
1) Possible defects covered by the FRANCHINO Warranty must be reported by the Customer (otherwise the report will be considered null and void) not later than 14 (fourteen) days from the date of delivery. In case the FRANCHINO Warranty can be applied, the Customer has the right to only have his damaged Products replaced after returning them, excluding any right for a compensation for further damages. The necessary shipping costs to replace the items are covered by FRANCHINO
2) Being understood everything on point 8.1, FRANCHINO does not offer any further warranty than that given by the single manufacturers of the Products here commercialized. The technical assistance and all the repairs of the Products covered by the warranty, when provided, are taken care of by the single manufacturers, according to the terms and the forms reported on the papers attached to Products themselves. In particular, FRANCHINO neither offers any warranty on the compatibility of Products with other items or devices used by the Customer, nor offers any warranty on the Products suitability for any use conceived by the Customer.
3) Except for the supposition of fraud or of an important guilt of FRANCHINO, it’s from now settled that, should be recognized the responsibility of FRANCHINO towards any claim of the Customer – including the partial or full non-execution of the obligations assumed by FRANCHINO towards the Customer regarding the execution of an order – the responsibility of FRANCHINO cannot be higher than the price of the Products purchased by the Customer and about which a contestation was raised.
9) Right of withdrawal
1) 9.1.According to the clause 5 of the Legislative Ordinance number 185 of the 22nd of May 1999, the Customer (if recognized as “Consumer” according to the clause 1, letter B, ofthe
D. Lgs 22 maggio 1999 n. 185) has the right to withdraw from the contract and to send back the Products ordered, with no penalty and without specifying the reasons, not later than 14 (fourteen) days from the delivery time.
2) 9.2. Right to cancel:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire ,or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us [FRANCHINO, Via Domiziana 249 – 81034 Mondragone – [email protected]] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
3) 9.3 Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Payment is due at the moment of the order confirmation.
The Customer commits to pay the agreed price for the Product ordered on the Website (price fof the Product plus Shipping costs), and to pay – when necessary and directly to the courier – VAT and any other tax related to the import of Products in the country of destination of the Product.
The Customers pays for the order:
– By credit card, as suggested on the Website.
The Customer guarantees to FRANCHINO to have all authorizations necessary to use card payment while confirming the order.
– By PayPal, as suggested on the Website.
The Customer guarantees to FRANCHINO to have all authorizations necessary to use PayPal while confirming the order.
–By bank transfer in favour of FRANCHINO, as suggested on theWebsite.
In the event of missing reception by FRANCHINO of the bank transfer within the following 14 (fourteen) days from the order, FRANCHINO reserves the right to cancel the order.
Bank details of the Company will be provided at the order confirmation.
11) Failure to pay – Conditional sale
Products ordered are property of FRANCHINO until the definitive and complete payment of their price (Art. 1523 and following of the Civil Code). FRANCHINO reserves the right to demand the Products ordered in case of failure to pay.
In this event and by request of FRANCHINO, the Customer commits to return any non- paid item, at his/her own expenses.
Complaints for non-compliance of delivered Product(s) with the order must be sent in writing to FRANCHINO, immediately after receiving the goods.
The Customer must keep the original packaging and the delivery note.
13) Personal information
Personal information requested from and related to the Customer is essential to process and ship the order, to issue invoices and to draft warranty agreements, as the case may be. For this purpose, FRANCHINO may provide suppliers with this information personal. The Customer may object to this disclosure (pursuant to art. 7 of D.lgs. n. 196/2003) and has the right to access, modify, amend and delete all data related to him/her, by writing to
Franchino Mario & Co. s.a.s.
Via Domiziana 249, Mondragone 81034 (CE)
Tel: (+39) 0823 971916
E-mail: [email protected]
In order to avoid any attempt of fraud, FRANCHINO may ask proof of the Customer’s identity and domicile.
14) Electronic signature
The “approval click” constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
15) Non renunciation
Any one or more failure by FRANCHINO to enforce any provision of this agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
16) Integrality of the agreement
These General Conditions of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the Customer shall neither be included in, nor depart from these General Conditions.
17) Intellectual property
FRANCHINO owns the intellectual property right upon the Website and the right to display the elements of the e-shop catalogue. Consequently, the total or partial reproduction of the elements contained in the Website or the catalogue on any medium whatsoever, the use of such elements and the fact to make them available to third parties are formally prohibited.
Should one or more clauses of these General Conditions be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.