1. Identification of the seller
1.1 The Site, whose owner is Eurofradi srl, with legal seat in Martina Franca (TA) via Mottola 2/B - Italia, codice fiscale and TVA 0260610739 as seller (hereinafter the “Seller”) and the person who proceeds with the purchase of one or more products for purposes not related to his trade, business, or profession, as purchaser (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").
1.2. Any communication of the consumer connected and/or related to the purchase of products - including any remarks, claims, demands concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc.. - must be sent to the Seller, at the address and how indicated on the Site and and at the e-mail address: info@fradieshop.it .
1.3. Every purchase is regulated by the general terms and conditions of sale in the version that will be posted on the Site at the time of transmission of the order made by the Consumer.
1.4. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are invited not to purchase orders. Should one or more sales be made by a non-qualified Consumer, the present general conditions of sale will be applied but, contrary to the article: a) the purchaser will not be granted the right of withdrawal referred to the Article 10; b) the purchaser cannot get the guarantee on the products referred to the Article 8; c) the purchaser will not be granted any other safeguards, provided here in favour of the Consumer, which reflect or complies with predictions required by law; d) the contract of sale finalized between the Seller and the Buyer shall be regulated by Italian law.
1.5. When transmitting a purchase order, the Consumer accepts that the confirmation of all the information related to the order and the present terms and conditions of sale will be sent by e-mail at the address stated during his registration on the Site or during purchasing process.
1.6. In order to make purchases through the Site, Consumer must possess the legal age (18 years) and the ability to act, which the Consumer states he has.
1.7. Any cost related to the Internet connection to the Site are on Consumer's sole charge, including the telephone, according to the rates applied by the operator selected by the Consumer himself.
2. Features of the Products and their availability in different geographical areas
2.1 The Products are sold with the features described on the Website and in accordance with the terms and conditions of sale posted on the Site at the time of the order made by the consumer, with the exclusion of any other term or condition.
2.2. The Seller reserves the right to change these terms and conditions of sale at any time in its sole discretion, without providing prior notice to users of the Site. Any change will be effective from the date of publication on the website and will apply only to sales finalized after that date.
2.3. Prices, products for sale on the Site and/or their features may change without notice. Before sending the purchase order, pursuant to the art. 3 below, the Consumer should verify the final sale price.
2.4 The Site can be accessed from worldwide. However, the Products available on the Site can be purchased only by users who require the delivery in one of the States indicated on the Site.
3. How to Buy Products – Finalization of each purchase contract
3.1. The presentation of Products on the Site, not binding on the Seller, is a mere invitation to the Consumer to formulate a proposal for a contract of purchase and it is not an offer to the public.
3.2. The purchase order transmitted by the Purchaser to the Vendor through the Site has the value of a proposal for a contract and it is regulated by these general conditions of sale, which are an integral part of the order and that the Consumer, by transmitting the order to the Seller, must accept fully and without reservation. Before purchasing the Products, by sending a purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print instruction and save or reproduce a copy for his own personal use. In addition, the Consumer will be asked to identify and correct any input errors of their data. Digita il testo o l'indirizzo di un sito web oppure traduci un documento.
3.3. The Consumer's purchase order is accepted by the Seller by sending to the Consumer, to the email address stated by the Consumer to the Seller during the registration to the Site or the transmission of the order, if the Consumer is not registered to the Site, by an e -mail of confirmation of the order, which will return the link to the text of these general conditions of sale, the order summary and description of the features of the ordered Product. The order of the Consumer, the order confirmation of the Seller and the general conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a notice by e-mail to the Seller at the address info@fradieshop.it
3.4. Any purchase contract of the Products is finalized at the moment when the Consumer receives the confirmation of the order by the Seller by email.
4. Procedure for the selection and purchase of the Products
4.1. The products presented on the Site can be purchased through the selection of the Products of interest to the Consumer and their insertion into the virtual shopping trolley. Once the selection of Products is completed, in order to execute the purchase of the products inserted in the trolley, the Consumer will be invited to ( i) register to the Site, providing the required information, or (ii) to log in, if the Consumer has already been registered or ( iii ) to provide his data in order to complete the order and allow the finalization of the contract. If the data specified in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm his data (including but not limited to: name, surname, etc.) as well as the address for the delivery of the selected Products, the billing address and optionally a phone number where to contact him for any communication relating to his purchase. The Consumer will display a summary of the order to be executed, which may be modified: then, the Consumer, after carefully reading, must expressly approve the general conditions of sale, through the appropriate tick (check- box) present on the Site and, finally, through the " Place Order " button, The Consumer will be asked to confirm his order, which will be definitely sent to the Seller and so finally will produce the effects described in the previous paragraph 3.2 of this contract. The Consumer will also be asked to choose the method of delivery and payment method among those available. If the Consumer decides for immediate payment method (simultaneous to purchase) by credit card, PayPal or immdiate bank transfer, he will be required to communicate his relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the identity indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only at the time of the transmission of the order confirmation sent by the Seller to the Consumer
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery of the same, however, this information is purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything in his power in order to respect the delivery times indicated on the Site and, in any case, to make delivery within a maximum of thirty (30) days from the day following that on which the Consumer forwarded his order. In case of failure to execute the order by the Seller, due to, even temporary, unavailability of the Products, the Seller shall provide written notice to the Consumer and will refund any amount already paid by the Consumer for the payment of the Product pursuant to the following par.
5.3. If the Consumer has chosen the bank transfer as payment method delivery time will run from the receipt of the due amount by the Seller. 5.3 . The shipment of the Products ordered by the Consumer will be in the way selected by the Consumer, including those available and indicated on the Site at the time of order. The Consumer agrees to check in a timely manner and in the shortest period possible that the delivery includes all and only those purchased products and to inform the Seller of any defect of the received goods or their difference from the order made by the procedure of referred to art . 8 of these general conditions of sale, in the absence of this the products shall be deemed accepted. If the package or the package of the goods ordered by the Consumer had to reach their destination visibly damaged, the Consumer is asked to refuse the delivery by the carrier / freight forwarder or take delivery "with reserve" .
6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the one indicated on the Site upon placing the order by the Consumer. Prices include standard packing costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer himself agrees to pay to the Seller, in addition to the price shown on the Site.
6.2. The Consumer shall pay the total price to the Seller, as reported in the order and in the order confirmation sent by e -mail from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the EU, the total price specified in the order and confirmed in the order confirmation, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby agrees to pay, when due, in addition to the price specified in the order and confirmed in the order confirmation, in accordance with the legal requirements of the country in which the products will be delivered. The Consumer is requested to inquire with the relevant authorities of his country of residence or destination of the products, in order to obtain information on any duty or tax applied in his country of residence or destination of products.
6.4. Any possible additional cost, charge, tax and / or duty that a country may apply, for whatsoever reason to the Products ordered in accordance with these terms and conditions of sale, are on the sole charge of the Consumer. 6.5. The Consumer states that the lack of knowledge about the costs, charges, duties, taxes and/or duties referred to paras. 6.3. and 6.4., when sending an order to the Seller, will not be reason for termination of this contract and shall not, in any way, charge these costs to the Seller.
7. Payments
7.1. The payment of the price of the Products purchased through the Site shall be made within the deadline of ten (10) days from the date of dispatch of the order confirmation by the Seller to the Consumer. The Consumer expressly agrees that the execution of the Contract by the Seller shall start at the credit of the price of the product/s purchased on the Seller's account.
7.2. Payment can be made by credit card or through PayPal, under the conditions described below. The Seller may allow additional methods of payment by indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site Paypal circuit. The transmitted data will be sent in secure way, by encrypting data transfer with SSL (SecureSocketLayer) at 128 bites. These data are not accessible even to the Seller.
7.4. If payment is made by bank transfer in favour of the Seller, the Purchaser must indicate the " Swift" and " IBAN " codes listed in the order confirmation and order number.
7.5. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic format by e- mail to the address stated by the Consumer, the tax receipt for the purchase executed, if the purchased items are to be delivered in Italian territory, or as paper format attached to the Products purchased, in all other cases.
8. Legal guarantee of conformity of the Seller, defect reporting compliance and guarantee works
8.1. Pursuant to the effects of the European Directive 44/99/CE and the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products will be free from defects in design and material and conform to the descriptions posted on the Site for a period of two (2) years from the date of delivery of the Products to the Consumer. It excludes the application of any guarantee in case of use or washing of the Product not conform to the one of the product and to the instructions/warnings supplied by the Seller and/or by the Owner, or to the ones reported in the illustrative documentation that's to say on the tags or on the labels.
8.2. On penalty of loss of this guarantee, the Consumer has the responsibility to report any defect and non-compliance no later than 2 (two) months from the discovery, by communicating the form correctly filled in [click here to download the return format for defective return] by e- mail at info@fradieshop.it and mentioning the defect and/or the non-compliance identified and the relevant documentation as indicated in the return format itself (at least n.1 (one) photo of the Product, the order confirmation sent by the Seller and /or the till receipt). .
8.3. Following to the receipt of the format and accompanying documentation, the Seller will assess the defects and non-compliance reported by the Consumer and, after carrying out quality checks in order to verify the actual non-compliance of the Product, will decide whether to authorize the return of products providing a feedback to the Consumer, containing the " Return Code ", by e-mail address provided by the applicant during the registration process at the Site or at the transmission of the order. The authorization to return the products will not be in any way an acknowledgement of defects or non-compliance, whose existence must be ascertained after return. The Products about which the Seller has authorized the return will be returned by the Consumer, along with a copy of the notice of return authorization bearing the "Return Code", within thirty (30) days from the notification of the defect or non-conformity to the following address: EUROFRADI Srl - Via Mottola 2 / B - 74015 Martina Franca (TA) – Italy.
8.4. If the Seller is required to reimburse to the Consumer the paid price, the refund will be made, if possible, by the same method of payment used by the Consumer at the time of purchase of the Product or by bank transfer. The Consumer will be responsible to communicate to the Seller, by e -mail at info@fradieshop.it, the bank data where to make the transfer to his favour and to ensure that the Seller will be in the position to repay the due amount.
9. Liability for damage caused by defective products
9.1. For any damage caused by defects of the Products, the regulations of the European Directive 85/374/EEC and the Italian Legislative Decree n.206/2005 (Consumer Code) will apply.
10. Right of withdrawal.
10.1. The Consumer is entitled to withdraw from any finalized contract pursuant to these general conditions of sale, without penalty, within 14 (fourteen) days from the date of receipt of the Products ordered, for any reason and without explanation in any way for its decision.
10.2. For the purpose of exercising the right of withdrawal, the Consumer shall send to the Seller, within that period, the application format correctly filled in [click here to download a return format for withdrawal], by e-mail at info @ fradieshop.it.
10.3. If the Products have not been delivered to the Consumer, the withdrawal shall be deemed as exercised when the Seller will have received this e-mail. 10.4. If the Products have been delivered to the Consumer, following to the receipt of this e-mail, the Seller will send to the Consumer by e-mail the return code. Within the next 14 days, the Consumer will have to write the return code on the format referred to the paragraph 10.2 and he will return the Products to the Seller, together with the format referred to the paragraph
10.2 properly prepared and including the return code, and he wil make them forward or deliver to EUROFRADI Srl - Via Mottola 2 / B - 74015 Martina Franca (TA) – Italy. 10.5. It is understood that the risks and costs of transport costs to return the Products to the Seller shall be borne by the Consumer. 10.6. In order to validly exercise the right of withdrawal, the Products must be delivered or, in any case, forwarded to Seller intact (without any sign of wear, abrasion, scratches, deformation, etc.), complete of all their parts and accessories (including intact labels and tags and attached to the product), together with the attached instructions/notes/instruction manuals, with the original packaging and certificate of guarantee, if any. In lack of this, the Consumer shall not be entitled to get the refund of the paid amount. To this goal, therefore, it is advisable to coat the original packaging of the products with other protective packaging that preserves the integrity and protect it during transport, even from writing or labels.
10.7. The Seller will take delivery of the returned Products, by reserving the right to verify that they have been returned in the condition described in the preceding paragraph 10.6.
10.8. If verification of returned products has been successful and the right of withdrawal has been validly exercised by the Consumer according to the terms and the prescribed way, the Seller will refund to the Consumer the full paid amount for the purchase of the Products, including the shipping charges, as soon as possible, and in any case within thirty (30) days from the date when the Seller is aware of the exercise of the right of withdrawal of the Consumer. In any case, any shipping costs and any additional duties or taxes for the return of the Product to the Seller will be on Consumer's charge.
10.9. The above mentioned refund will be made, where possible, by the same method of payment used by the Consumer at the time of purching the Product or by bank transfer in favour of the Consumer; the Consumer will be responsible to communicate to the Seller, by e-mail at info@fradieshop.it, the bank date where to make the transfer in his favour and to ensure that the Seller is in the position to repay the due amount. If the payment was made by credit card, the above mentioned refund will be made within the terms specified directly through the credit of the due amount on the credit card used by the Consumer for payment. If the payment was made through PayPal, the above mentioned refund will be made within the terms specified directly through the credit of the due amount on the account used by the Consumer for the payment.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all the trademarks, trade names, as well as any distinctive mark, name, image, photo, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of EUROFRADI Srl and/or his successors, and the access to the Site and/or the purchase of the Products don't give any right to Consumer on those ones.
11.2. The contents of this Site may not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of EUROFRADI Srl.
12. Consumer information and protection of privacy
12.1. To be able to proceed with registration, placing an order and then the finalization of this contract through the Site some personal information are required to the Consumer. The Consumer acknowledges that the personal data will be recorded and used by the Seller in accordance with and in compliance with Italian law referred to in Legislative Decree no. N.196/2003 and subsequent amendments - Privacy Code, to give effect to each purchase made through the Site and, subject to their consent, for any additional activities as well as as indicated in the privacy policy provided to the Consumer through the Site at the time of registration.
12.2. The Consumer hereby declares and guarantees that the data provided to the Seller during the registration process and purchase are true and correct.
12.3. The Consumer may at any time update and/or modify his personal data provided to the Seller through the appropriate section of the site "My Account" accessible after authentication.
12.4. For any further information on the processing of personal data of the Consumer, please access to the Privacy Policy section as well as read the General Conditions of Use.
13. Safety
13.1. Although the Seller shall adopt measures to protect personal data against their eventual loss, falsification, manipulation and misuse by third parties, by reason of the features and technical limitations relating to the protection of electronic communications via Internet, the Seller cannot guarantee that any information or data displayed by the Consumer on the Site, even after the Consumer has made the authentication (login), are not accessible or visible by unauthorized third parties. 13.2. For the records relating to payments by credit card, the Seller uses the services of Paypal, adopting technological systems to ensure the highest levels of reliability, safety, security and confidentiality in the transmission of information via the web.
14. Validity of clauses
14.1. The headings of the terms used herein are merely indicative and have no effect on the identification of the content and interpretation of this contract.
14.2. These terms and conditions shall not affect the rights conferred by Italian law to the Consumer acting as a Consumer or the rights guaranteed him by the mandatory rules of order to which he is subject.
14.3. In the event that any clause or part of any clause of these terms and conditions will be held to be invalid because it is inconsistent or contrary to a rule of law, all other clauses of this Agreement or any part of the same clause shall remain in full force and effect.
15. Fidelity Card
15.1. The " Fidelity card " is an indefinitely valid service but it cannot be combined with sales or promotions. The advantages are as follows: - 10% discount on non-discounted items.
16. Gift vouchers
16.1 Gift vouchers are non-refundable and cannot be exchanged with a counterpart in cash. For products purchased with gift certificates or vouchers will be possible to make an exchange or receive a refund in the form of credit in an additional voucher.
17 Operation in progress
17.1 Promotional operatins: all our offers are valid while stocks last.