Terms and condition

GENERAL PURCHASE CONDITIONS FRALBO

 

1. INTRODUCTION
   
   This document (together with the documents mentioned therein) contains the conditions governing the use of this website (www.fralbo.com) and the purchase of the items contained therein (hereinafter the "Conditions").
   
   Please carefully read these Conditions, the Cookie Policy, and the Personal Data Protection Policy (hereinafter collectively the "Privacy Policy") before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all the aforementioned Conditions and Data Protection Policies, please do not use this website.
   
   For any request, doubt, or question regarding the Conditions and Data Protection Policies, you can contact us using the appropriate contact form.
    

2. OUR DATA
   
   The sale of products through this site is managed by Fralbo S.r.l., with registered office in San Giuseppe Vesuviano (NA), Via Pianillo 116, C.F. and P.I.V.A 0123456789, sole proprietorship, telephone number 081, email address contact@fralbo.com, contact details available in the "contact us" section of this website www.fralbo.com.
    

3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
   
   The information or personal data provided by the user will be processed according to what is established in the Privacy Policy. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us are accurate and truthful.
    

4. USE OF OUR WEBSITE
   
   By using this website and/or placing orders through it, you agree to:
   
   (i) use the website only to make inquiries or legally valid orders;
   
   (ii) not to place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities; (iii) provide us with your email address, postal address, and/or other contact details truthfully and correctly, in order to allow us to fulfill our contractual obligations.
   
   If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you guarantee that you are of legal age (18 years and older) and have the legal capacity to enter into binding contracts.
   
    

5. SERVICE AVAILABILITY
   
   The items offered through this website are available exclusively for delivery in Italy and Europe.
    

6. METHOD OF CONTRACT COMPLETION
   
   The information contained in these Conditions and the details contained on this website do not constitute a public offer, but a mere invitation to submit a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and a charge has already been made to your account, the full amount will be refunded.
   
   To place an order, you must follow the online purchase procedure and click on "Authorize payment". Subsequently, you will receive an email confirming receipt of your order (the "Order Confirmation"). It is understood that this does not imply acceptance of your order, as it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval, which you will be informed of by sending an email confirming that the order is being shipped (the "Shipping Confirmation"). The order details will be summarized in the electronic receipt attached to the Shipping Confirmation. The contract for the purchase of a product between us and you will be considered concluded only when we send you the Shipping Confirmation.
   
   Only the products indicated in the Shipping Confirmation will be subject to the Contract. We will not be obliged to provide you with any other product that has not been ordered until it is confirmed in the Shipping Confirmation that such product has been shipped.
    

7. PRODUCT AVAILABILITY
   
   All product orders are subject to their availability. In this sense, in case of supply problems, or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value, which you can decide to order. If you do not wish to place an order for such substitute products, we will refund all amounts you may have already paid.
    

8. REFUSAL TO PROCESS AN ORDER
   
   We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content thereof. Although we will always do our best to process all orders, exceptional circumstances may require us to refuse the processing of orders after sending the Order Confirmation, and we reserve the right to do so at any time.
   
   We disclaim any liability to you or to third parties for the removal of any product from this website, for the deletion or modification of any material or content of the website, or for the failure to process the order after sending the Order Confirmation.
    

9. DELIVERY
   
   Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation within the date indicated in such Shipping Confirmation or, if no delivery date is specified, within the estimated time at the time of selecting the delivery method and, in any case, within the maximum period of 30 days from the date of the Shipping Confirmation.
   
   However, delays may occur for various reasons such as product customization, the occurrence of unforeseen circumstances, or the delivery area.
   
   If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options to continue the purchase by setting a new delivery date or to cancel the order, with the consequent refund of the entire amount paid. Please note that home deliveries are not made on Saturdays and Sundays.
   
   For the purposes of these Conditions, "delivery" shall be deemed to have taken place or the order "delivered" by the acquisition, by you or by a third party indicated by you, of the material availability or control of the products, which will be proven by the signing of the order receipt at the agreed shipping address.
    

10. IMPOSSIBILITY OF DELIVERY
    
    If it is not possible to complete the delivery of your order, we will try to find a secure location to leave it. If this is not possible, your order will be sent to our warehouse. In such a case, we will leave you a notice specifying the location of your order and the instructions to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
    
    If delivery cannot take place due to reasons beyond our control after 30 days from the date your order is available for delivery, we will assume that you intend to terminate the Contract, which will be considered resolved. As a result of the Contract resolution, we will refund you all amounts paid, including delivery costs (excluding any additional costs resulting from your choice of a delivery method different from the ordinary method offered by us) without undue delay and, in any case, within 14 days from the date of resolution of the Contract. Please note that the transportation costs resulting from the resolution of the contract will be at your expense.
     

11. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
    
    The risks related to the products will pass to you upon delivery.
    You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in the previous article 9), if this occurs at a later time.
     

12. PRICE AND PAYMENT
    
    12.1 Price 
    The price of the products will be as indicated from time to time on our website, unless there is an obvious error. While we strive to do everything in our power to ensure that all prices appearing on the website are correct, errors may occur. If we discover errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it. If we are unable to contact you, the order will be canceled, and you will be refunded the full amount paid.
    
    We will not be obligated to provide you with the product(s) at the lower erroneously indicated price (even if we have already sent you the Shipping Confirmation) if the error in the price is obvious and unequivocal and could have reasonably been recognized by you as a mistake.
    
    The prices on the website include VAT but exclude shipping costs, which will be added to the total amount to be paid, as indicated in Shipping and Returns.
    
    Prices may change at any time; however (unless stated otherwise), such changes will not affect orders for which we have already sent an Order Confirmation.
    
    Once you have selected the items you wish to purchase, these items will be added to your cart, and the next step will be to complete the order and make payment. To do this, you must follow the instructions for purchasing, enter or verify the required information at each step of the purchasing process, request an invoice if desired by explicitly writing to contact@fralbo.com. Additionally, you may modify the details of your order at any time during the purchasing process before payment.
    
    12.2 Payment 
    You can make the payment using Visa, Mastercard, American Express credit cards, or through PayPal. Alternatively, you can choose cash on delivery, with an additional charge of €1.50 for orders up to €150.00 or an additional 1% of the order amount for orders over €150.00. To minimize the risk of unauthorized access, your card information will be encrypted. The charge will be made to your card at the time of order confirmation.
    
    If you choose to pay with PayPal, the charge will be made at the time of order confirmation. By clicking "Authorize Payment," you confirm that the credit card is under your ownership.
    
    Credit cards are subject to verification and authorization by the card issuer. If the payment is not authorized by the card issuer, we will not be responsible for any delay or non-delivery, and we will not be able to finalize any contract with you.
     

13. GUEST CHECKOUT
    
    This website also offers the option to make purchases as a guest. With this purchase method, only essential data required to process your order will be requested. After completing the purchase process, you will be given the option to register as a user or continue as an unregistered user.
    
     

14. VALUE ADDED TAX (VAT)
    In compliance with current regulations, every purchase made through the website will be subject to Value Added Tax (VAT).
     

15. RETURN/EXCHANGE POLICY
    
    15.1 Legal Right of refund 
    Refund rights
    
    If you are contracting as a consumer, you have the right to withdraw from the contract within a period of 14 days without giving any reason.
    
    The refund period mentioned above will expire after 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods, or in the case of multiple goods ordered in one order and delivered separately, after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last good.
    
    To exercise the right of refund, you may use the procedure indicated in Shipping and Returns or inform us in writing at FRALBO SRL VIA PIANILLO 116 80047 SAN GIUSEPPE VESUVIANO (NA), by telephone at +39 081 123456, or by sending an email to contact@fralbo.com of your decision to withdraw from the contract through an explicit statement (e.g., a letter sent by mail or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
    
    15.2 Effects of refund
    
    If you withdraw from the contract, we shall reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of 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 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.
    
    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.
    
    Please return the goods or deliver them to us at any Fralbo store located in Italy 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.
    
    15.3 Common provisions
    
    You may not exercise the right of withdrawal from a contract that has as its object the supply of one or more of the following products: 1 Customized items as bespoken clothes. 2 Sealed goods that are not suitable for return due to health or hygiene reasons and have been opened after delivery.
    
    Your right of withdrawal from the contract will only be applied to those products returned in the same conditions in which you received them. No refund will be issued if the product has been used beyond simply opening it, or if the product is not in the same condition as when it was delivered, or if it has been damaged. Therefore, we kindly ask you to take care of the products while they are in your possession. Please return the item using or including the original packaging, instructions, and other accompanying documents, if any.
    
    You can return the product by delivering it to a courier that we will send to your address.
    If you have any questions, you can contact us through our contact form or by calling +39 081 123456.
    
    15.4 Size Exchange
    
    Subject to the provisions of the preceding paragraphs, once you have received the item, if you wish to change the size of the purchased product, you can request a size exchange at no additional delivery cost for the new product, provided that you return the original item in the same condition as it was delivered, free from damages, and within the specified terms in these Conditions. You can request a size exchange by accessing the website through the "order history" section of "My Account." You must select the new size of the previously purchased product, and provided that (i) it is the same product, (ii) the price of the product on the website is equal to or higher than the initially paid price (please note that only in this case you will not be charged new costs for the selected product), and (iii) payment was made by Visa, Mastercard, or American Express credit card, and no other payment methods such as PayPal or cash on delivery were used, you can proceed with the size exchange request. Please note that the option for size exchange will be considered available only if all the above conditions are met. After requesting the size exchange and selecting the return method, you must return the original item through the courier we will send to your home. You must return the item without undue delay and in any case within 14 days from the date of submitting the request through the website. Neither of the return options will incur additional costs on your part. If you have chosen to return the item through our appointed courier, you must return the item in the packaging in which it was received, following the instructions provided in the "Shipping and Returns" section of the website. After selecting the return method, we will send you the new size of the item as soon as we receive the goods to be replaced. The size exchange option will not incur any additional costs on your part except for the shipping fees. However, please note that the new item will be subject to the Purchase and Use Conditions, including the right of withdrawal. Please note that if 14 days have passed since the size exchange request and you have not returned or delivered the original item to the courier appointed by us, you will lose the right to return the item.
    
    15.5 Return of Defective Products
    In the event that you believe that the product is not in accordance with the terms of the Contract at the time of delivery, you must immediately contact us by sending an email to contact@fralbo.com, indicating the product details and the damage suffered, or by calling the number 081, and we will inform you of the procedure to follow.
    
    You must return the product to the address indicated in the electronic document that you will receive together with the Shipping Confirmation. We will carefully examine the returned product and notify you by email within a reasonable period of time whether we will proceed with a refund or replacement of the product (depending on the case). The refund and/or replacement of the item will be made as soon as possible and in any case within 14 days from the date we send you an email confirming that we will proceed with the refund or replacement of the unsuitable item.
    
    The amount paid for the products that are returned due to damage or defects, if they actually exist, will be fully refunded, including the delivery costs incurred for sending the item and for its return on your part. The refund will be made using the payment method used for the purchase.
    
    All rights recognized by applicable regulations remain unaffected.
    
     

16. LIABILITY AND DISCLAIMER
    
    Unless otherwise provided in these Conditions, our liability for products purchased on our website will be limited exclusively to the purchase price of the product in question.
    
    Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise.
    
    All product descriptions, information, and materials appearing on the website are provided "as is" and without explicit or implicit warranties, except those required by law. In this regard, if you are acting as a consumer or user, we undertake to deliver products that comply with the Contract and are responsible for any lack of conformity existing at the time of delivery. It should be understood that the products are in conformity with the Contract if they (i) comply with the description we have provided and possess the qualities presented on this website, (ii) are suitable for the usual purposes for which products of the same type are normally used, (iii) show qualities and features that are normal for products of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded towards consumers and users.
    
    Our products, especially those handmade, have the natural characteristics of the materials used in their manufacturing. Natural characteristics such as grain, surface texture, knots, or color variation should not be considered as defects or imperfections. On the contrary, the lack of uniformity resulting from the use of natural raw materials should be anticipated and appreciated. We only select products of the highest quality, but this type of variation is inevitable and should be accepted as part of the characteristic appearance of the product.
    
    These provisions do not limit in any way the rights recognized to consumers by current regulations or your rights to withdraw from the Contract.
    
     

17. INTELLECTUAL PROPERTY
    
    You acknowledge and agree that all copyright, trademarks, and any intellectual property rights to the materials or contents presented as an integral part of the website are owned by us and those who have granted us a license for their use. You may use such material only in the manner for which you receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
     

18. VIRUSES, HACKING, AND OTHER CYBER THREATS
    
    You must avoid any unauthorized use of this website and the introduction of viruses, Trojan horses, worms, logic bombs, or other programs or materials that may cause technological harm. Without authorization, you must not access the website or the server on which it is hosted, or any other servers, computers, or databases related to our website. You undertake not to carry out attacks against this website.
    
    Failure to comply with this clause may result in violations defined by the applicable law. In case of non-compliance with the aforementioned regulations, we will inform the competent authorities with whom we will cooperate to identify the responsible parties for the attack. Similarly, in case of non-compliance with this article, your authorization to use the website will be immediately revoked.
    
    To the maximum extent permitted by applicable law and in compliance with the fundamental rights of consumers, we disclaim any liability for any damages or losses arising from a DoS attack, virus, or other program or materials that may cause technological damage to your computer, IT equipment, data, or materials as a result of using our website or downloading content from it, or that redirect you to it.
    
     

19. LINKS FROM OUR WEBSITE
    
    If our website contains links to other third-party pages or materials, such links are provided for informational purposes only, without our control over the content or materials contained on such pages or sites. Therefore, we disclaim any liability for any damages or losses arising from their use.
    
     

20. WRITTEN COMMUNICATION
    
    According to applicable regulations, part of the information or communications we send you must be in writing. By using this website, you agree that most of the communications exchanged with us will be in electronic format. We will contact you via email or by providing information through specific notices on this website. By accepting these terms and conditions, you consent to electronic communication, acknowledging that all contracts, notices, information, and other communications provided to you electronically comply with the legal requirement of written form. This provision does not limit any rights granted to you by current legislation.
    
     

21. NOTIFICATIONS
    
    All communications addressed to us should preferably be sent using our online form. However, we reserve the right to send you communications via email or postal mail to the address provided when placing the order.
    
    Communications will be considered received and properly notified when they are posted on our website, 24 hours after an email is sent, or three days after the date of posting. To demonstrate the receipt of a communication, it is sufficient to prove, in the case of a letter, that it was correctly addressed, stamped, and delivered to the postal service, or in the case of an email, that it was sent to the recipient's email address.
    
     

22. CESSION OF RIGHTS AND OBLIGATIONS
    
    The Contract between you and us is binding for both parties, as well as for our respective successors and assigns. You are prohibited from transferring or assigning the Contract or any of the rights or obligations arising from it without our prior written consent. We have the right to transfer, assign, subcontract, or dispose of the Contract or any rights or obligations arising from it at any time and in any manner. It is important to note that any transfer, assignment, subcontracting, or other disposition of the Contract will not affect your rights as a consumer, nor will it diminish or limit any of the warranties or liabilities offered by us, explicitly or implicitly.
    
     

23. FORCE MAJEURE
    
    We will not be held responsible for any failure or delay in the performance of any of our obligations under the Contract caused by events beyond our reasonable control ("Force Majeure Events"). Force Majeure Events include any act, event, non-occurrence, omission, or accident beyond our reasonable control, including, but not limited to:
    1. Strikes, lockouts, or other labor disputes.
    2. Riots, uprisings, invasions, terrorist attacks, or threats of terrorist attacks, wars (declared or not), or threats of war.
    3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters.
    4. Inability to use railways, shipping, air, motor transportation, or other means of public or private transport.
    5. Inability to use public or private telecommunications networks.
    6. Acts, decrees, laws, regulations, or restrictions of any government.
    7. Any relevant maritime, postal, or other transport strike, failure, or accident.
    
    It is understood that the performance of obligations under the Contract will be suspended during the Force Majeure Event. We will be granted an extension for the performance of the Contract equal to the duration of such period. Despite the occurrence of a Force Majeure Event, we will make every effort to find a solution to fulfill our contractual obligations.
    
     

24. WAIVER
    
    Failure to enforce the strict performance of any of your obligations or any obligations outlined in these General Terms and Conditions, or failure to exercise any rights or actions to which we are entitled under the Contract or these General Terms and Conditions, shall not constitute a waiver of such rights or actions or relieve you from fulfilling the corresponding obligations. Our tolerance of any failure on your part shall not constitute a waiver to act in response to subsequent failures. No waiver by you of any of your obligations under the Contract or these General Terms and Conditions shall be valid unless communicated in writing in accordance with the provisions set forth in previous articles 19 and 20.
    
     

25. PARTIAL INVALIDITY
    
    If any article of these General Terms and Conditions, or part thereof, or any provision of the Contract is deemed invalid, unlawful, or unenforceable by a competent authority, such article, clause, or provision shall be deemed null and void, while the remaining articles, clauses, and provisions shall remain valid to the fullest extent permitted by law.
    
     

26. ENTIRE AGREEMENT
    
    These General Terms and Conditions, along with any documents expressly referenced herein, represent the entire agreement between you and us regarding the subject matter of the Contract and supersede any prior agreement, understanding, or covenant between us, whether oral or written.
    
    Both you and we acknowledge that, by entering into the Contract, neither party has relied on any representation, undertaking, or promise made by the other party, or inferred from anything said or written during the negotiations preceding the Contract, except as expressly stated in these General Terms and Conditions.
    
    Both you and we have the right to remedy any false statements made by the other party, whether orally or in writing, prior to the date of each Contract (unless such false statement was made fraudulently), and the only action that the other party may take will be for breach of the Contract, as provided in these General Terms and Conditions.
    
     

27. RIGHT TO AMEND THESE TERMS AND CONDITIONS
    
    We reserve the right to revise and modify these General Terms and Conditions at any time. You will be subject to the General Terms and Conditions in effect at the time of placing your order, unless a modification to the General Terms and Conditions or Data Protection Policies is required by law or at the request of a government authority (in which case it will also apply to orders already placed).
    
     

28. APPLICABLE LAW AND JURISDICTION
    
    The use of our website and the purchase contracts for products through this website are governed by Italian law. Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the jurisdiction of the court of the place of residence or domicile of the consumer. If you are entering into the Contract as a consumer, this clause does not affect your rights granted by law.
     

29. COMMENTS AND SUGGESTIONS
    
    Your comments and suggestions are always welcome. Please send them through our contact form. We also provide official complaint forms for consumers and users, which can be requested by calling the number 081 or through our contact form.
    
    ALTERNATIVE DISPUTE RESOLUTION
    
    30.1 Any dispute arising out of or in connection with this contract, including disputes regarding its interpretation, validity, effectiveness, performance, and termination, may be subject to mediation, in accordance with Legislative Decree no. 28 of 2010 and subsequent amendments.
    
    30.2 Pursuant to Article 14 of EU Regulation No. 524/2013, the consumer is informed that, for the resolution of disputes relating to the purchase of products and services offered in the Telematic Space managed by Fralbo S.r.l., the consumer has the possibility to use the Online Dispute Resolution (ODR) procedure through the website http://ec.europa.eu/consumers/odr/. The email address dedicated to this service is contact@fralbo.com.
    
    30.3 If the mediation attempt fails, the dispute may be submitted to the competent judicial authority.
    
    These general conditions apply from January 1, 2020.