1. Object of the contract and definition
1.1. The following general sales conditions are enforceable in regard to the purchase of the products with “Double U Frenk” labeling of Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c. ownership, having its legal headquarters in Montale Rangone (MO), via Marco Polo 3, tax code and VAT number 03208840714 and R.E.A. Modena company registration list nr. 396992 (henceforward called “The Owner”) purchased by means of the e-commerce website at the following address: www.doubleufrenk.net (henceforward called “Website”). The aforesaid purchase is meant as made by users called “Consumers”.
1.2. Each communication on behalf of the Consumer related and or linked to the purchase of the Products – by way of example and without limitation, possible warnings, complaints or requests related to the purchase and/ or the delivery of the Products, as well as the right of withdrawal – shall be sent to the Seller and addressed to the contacts specified on the website www.doubleufrenk.net and at the e-mail address email@example.com, on the basis of the procedures therein indicated.
1.3. Each purchase is regulated by the general sales conditions, published on the website www.doubleufrenk.net, in force when the purchase order is actually performed by the Consumer.
1.4. The e-commerce website corresponding to the present address www.doubleufrenk.net is reserved for retail trade, hence for Consumers use only. As a consequence the individuals who are not Consumers are recommended not to place an order.
1.5. Contextually to the transmission of the order the Consumer accepts to receive by means of an e-mail and at the e-mail account given by the Consumer over the registration with the present website www.doubleufrenk.net or over the purchase procedure, the confirmation of the information about the performed order and these general sales conditions, that shall be authorized to print or save on computer device.
1.6. Witht the purpose to purchase by the website www.doubleufrenk.net, the Consumer must be over 18 and able to understand and act, which the Consumer declares to be.
1.7. The contingent expenses of the Consumer paid and/or that have to be paid for internet connection to this website, including telephone charges applied by the phone service provider selected.
2. Products characteristics and modifications
2.1. The Products sold have the characteristics described in the website and the sale respects the general sales conditions, published on the website, in force at the moment of the transmission of the order by the Consumer, excluding every different condition or term.
2.2. These general sales conditions shall be confidentially modified by the Seller whenever he may decide to change them, with no need of notification to the website users. Possible modifications will enter into force upon publication on the website, and shall be implemented only to the sales subsequent to the publication date.
2.3. Prices, Products sold on the website and their characteristics, shall be subject to changes without notification..
2.4. Before transmitting the order in the context of the following point nr. 3, the Consumer is invited to check the final cost reported on the website at the moment of purchase.
3. Products purchase procedure – Improvement of each single purchase contract – Payment of the price
3.1. The Seller declares explicitly that the Products launch on the website doesn’t bind him, consisting on a formal invitation addressed to the Consumer to perform a purchase contractual offer. The Products launch and the prices insertion does not represent an offer to the community.
3.2. The purchase order transmitted by the Consumer to the Seller by website counts as an actual contractual offer and is regulated by this general sales conditions, that constitute integral part of the order itself and that the Consumer, the way of the order transmission to the Seller, shall accept all of them. The Consumer, before proceeding with the Products purchase, the way of the order transmission, shall receive the solicit to read the present general sales conditions, to print a copy of them using the print control and to store or replicate a copy for his/her own private uses. Besides, the Consumer, shall find and correct contingent mistakes of his data input.
3.3. The transmission procedure, processing and acceptance of the order shall be completed as follows:
a. The Consumer selects on the website the Products who wants to buy in the specific virtual cart.
b. The Consumer shall examine the order summary, inserting his data, also useful to calculate the shipping costs and a delivery time estimation then specifically agrees both with the processing of personal data under the current legislation and the present general sales conditions.
c. The Consumer makes the payment which shall go through by PayPal following the instructions available in specific fields of the website.
d. Upon payment completion, the purchase order is sent and the Consumer affirms to know that the order confirmation has to be sent by the Seller once the payment has gone through.
e. The Seller, upon verification of the Consumer and payment data accuracy, accepts the order sending an e-mail confirmation of the order itself, to the address indicated by the Consumer (put in over the website registration or at the moment of the order transmission). The aforementioned communication shall contain the summary of the order fulfilled, a cross reference to these general sales conditions and the description of the properties of the Product/s just ordered.
f. The Seller shall file on his computer device both the Consumer’s order and the Seller’s order confirmation, as well as the general sales conditions. The Consumer may ask for a copy sending an e-mail to firstname.lastname@example.org.
g. If provided for by the relevant law, the Seller shall promptly transmit to the Consumer the receipt linked to the purchase, on digital format the way of an e-mail and using the address declared by the Consumer him/herself, when the purchased Products has to be delivered within the Italian territory, otherwise, differently from this specific case, on paper format attached to the Products purchased.
3.4. Each sale contract of the Products shall be considered fulfilled once the Consumer has received the order confirmation by the Seller by means of an e-mail.
4. Goods delivery and acceptance – Missed collection
4.1. All the information indicated on the website about the Products availability and delivery time have to be considered purely approximate and not binding for the Seller.
4.2 The Seller takes on doing his best in order to respect the delivery time reported in the order confirmation and on his own website and, anyway, to complete the delivery in a period of 30 (thirty) days to the utmost starting from the day after the one in which the Consumer has transmitted the order. If case of non-execution of the order by the Seller, due to unavailability, even just provisional, of the Product, the Seller shall produce a written communication for the Consumer and provide for the amount refund under the following article 4.3, in case the product has already been paid by the Consumer.
4.3. The website signals the availability or unavailability of the Products. If a Product ordered by a Consumer is not available for the delivery in spite of the order confirmation, the Seller shall refund the amount paid by the Consumer to the latter, in case the payment has already gone through.
4.4. The Consumer takes on controlling not later than 2 (two) days since the Products arrival that the goods delivered is actually in compliance with what he has ordered and that includes all the products purchased and only those, moreover enforcing himself to inform within this period of time the Seller about possible bad conditions of the goods received or of dissimilarities in respect to the order performed. If the packaging or the envelope of the products ordered by the Consumer results damaged at their final destination to the Consumer, the latter is invited to refuse the delivery by the courier/shipper.
4.5. Once the period of time as defined in the previous article 4.4 has passed, without any complaints by the Consumer regarding the courier/shipper, the Products delivered shall be considered definitely accepted by the Consumer, though reserving the right of withdrawal of which in the following article 10.
4.6. If the Consumer, informed of the successful delivery of the products by the Seller and/or the carrier and/or other individual qualified for this purpose, does not collect the latter within the period of time and following the procedures established by the courier, if because of this, the goods returns to the Seller, no amount shall be due to the Consumer and the Seller shall withhold the total amount paid by the Consumer as penalty. Therfore the order shall be cancelled.
5. Prices, shipping costs, duties and taxes
5.1. The prices of the Products, as are indicated on the website, includes the standard packaging, VAT number (if relevant) and contingent indirect duties (if relevant) costs, whereas do not include the shipping costs that will be calculated on the occasion of the order recap transmitted by the Seller to the Consumer and that the Consumer himself shall take on paying to the Seller additionally to the sale price of the Products indicated on the website, nonetheless contingent custom duties and other taxes and/or several duties that shall be calculated on the occasion of order recap, at the expenses of the Customer.
6. Seller’s compliance legal warranty, compliance flaws highlighting and warranty ?agency?
6.1. The Seller guarantees to the Consumer that the Products sold on the website does not have any design and/or material flaws as well as they are in compliance with the descriptions published on the website for a period of 2 (two) years since the delivery date of the Products to the Consumer. The implementation of whatever warranty shall be definitely excluded in case the Product is used or cleansed in a nonstandard way different from the one normally approved by the Product user’s manual/warnings therein indicated by the Seller and/or the Owner, reported in the explanatory documents of reference, in the price tags or labels.
6.2. Under penalty of forfeiture of this warranty, the Consumer shall examine the Products as soon as possible and report in the event of imperfections or non-conformity within 2 (two) months since their identification, sending an e-mail to the Seller contingent manufacture imperfections, adding to the communication an itemized description of the imperfections contested and attaching a photographic material to document them.
6.3. As a consequence of the warning with relative documentation, the Seller shall value the flaws and non-conformities lamented by the Consumer and, after appropriate quality inspections to prove the actual non-conformity of the Product, shall decide, in his own wisdom, whether authorize or not the return of the Products informing the Consumer the way of an e-mail. The authorization to return the Products given to the Consumer shall not represent in any way the acknowledgement of the flaws and non-conformities, whose existence shall be verified afterwards the return. The Products of which the Seller has authorized the return shall be given back by the Consumer, together with a copy of the authorization return communication, not later than 30 (thirty) days since the notification of the flaws and the non-conformity, to the address that the Consumer shall ask by means of an e-mail at email@example.com.
6.4. If the Seller considers a flaw subsistent in order to activate the warranty as described in the previous article 6.1, he shall communicate it to the Consumer by e-mail, asking to the latter the bank details to proceed with the bank transfer to refund the Consumer of the price paid.
6.5. The refund as in the previous article 6.4 shall regard both the price paid by the Consumer for the goods sold on the website and the shipping cost amount. The shipping cost paid by the Consumer to ship again the faulty goods to the Seller shall be paid by the Consumer.
7-Item Change due to size dissimilarity
7.1. The Products sold on the website come together with an accurate description of their own size (length, width, height, diameter, etc.). The Consumer declares to accept as true such information.
7.2. If the Consumer consider the size of the item ordered in noncompliance with the individual’s size who is supposed to wear the product, the Seller allows the Consumer to change the product ordered though respecting the conditions reported in the following article 7.3.
7.3. The Consumer shall apply for the change of the product within 30 (thirty) days since the delivery of the items, shipping the product together with its packaging at the folloing address, given by the Seller: Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c., 41123 Modena, Italia, Via Emilia Ovest 715.
7.4. Both the shipping cost paid by the Consumer to ship back the product to the Seller and those paid by the Seller to ship a new product of different size shall be paid by the Consumer.
The Consumer, optionally, may ship to the Seller the items of which is required a change either using means of his own choice or by DHL express, otherwise said one of the delivery service selected by the Seller to ship the goods to the Consumers. If the Consumer wants to dispose of the second option, shall ask for it sending an e-mail at: firstname.lastname@example.org.
7.6. The Seller shall not change of used, worn or damaged items, or in general in noncompliance with its original conditions at the moment of delivery to the Customer who shall then have the responsibility, before using/wearing the Product, to verify with accuracy the compliance to his own physical peculiarities.
8. Intellectual rights ownership
8.1. All the brands, names, as well as every peculiar marking, classification, image, picture, written or graphic text used on the website or referred to the Products are and remains in exclusive ownership of Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c. and/or their assigned, agreed the entering the website and/or purchasing the Products shall depend any right of the Consumer upon the selfsame.
8.2. The website contents may not be reproduced, neither entirely nor partially, transferred by means of digital or conventional devices, modified or used for whatever goal without prior consensual written authorization by Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c.
9. Responsibility for faulty products damage
9.1. Concerning possible damages caused by imperfections of the Products, shall be applied the dispositions whereof at the European legislation 85/374/CEE and at the Italian administrative order nr. 206/2005 (Consumption code). The Seller, as distributor of the products through the website, is released by whatever responsibility, nothing excluded or excepted, indicating the relative.
10. Right of withdrawal
-10.1 The Consumer has the right to withdraw from whatever contract concluded under the present general sales conditions, without penalties of any sort, within a period of 14 (fourteen) days since (i) the product has been delivered or (ii) in case of products purchased with a unique order delivered separately, the last products is delivered.
-10.2 To exert the right of withdrawal under the previous article 10.1, the Consumer shall send to the Consumer, before the progress of the term under the previous point 10.1, a declaration, at the e-mail address email@example.com, in which he declares to take advantage of the chance to withdraw from the contract, indicating all his personal records, the order details relative to the Product/s for which he intends to exert the right of withdrawal.
10.3 The Consumer shall receive afterward a communication by ordinary mail to confirm the withdrawal exertion. Not later then the following 14 (fourteen) days the Consumer shall return the Products to Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c., delivering them to this address: Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c., 41123 Modena, Italia, Via Emilia Ovest 715.
10.4 In case of exertion of the right of withdrawal the Consumer must be refund the payment performed by he himself, excluded the shipping costs paid over the order processing, which shall remain at his own expenses (with the exception of extra costs coming from the possible choice of an alternative kind of delivery different from the standard cheapest purpose), not later thant 14 (fourteen) days since the exertion of the right of withdrawal. The foretold refund shall be processed using the same way of payment chosen by the Consumer during the original transaction, unless the Consumer does not claims for a refund the way of a different payment method, in that event they shall by wholly charged at the Consumer contingent additional costs derived by the use of a different mean of payment. The refund may be postponed until delivery of the goods or proof by the Consumer of the actual dispatch of the goods, if previously made.
10.5 If the goods are subject to a devaluation of their price, coming from a different manipulation from the one necessary to define the nature, the peculiarities and the goods operation, the Consumer shall be considered responsible. Therefore, in case the returned items turn out to be damaged (for instance showing clear sings of use, scraping off, scratch, deformity etc.), incomplete of their elements and accessories (including labels and intact price tag attached to the product) not along with user’s manuals/notes/ attached textbooks, the original packaging and the warranty certificate, where available, the Consumer shall answer of the price devaluation of the good, (THEN THE SELLER) shall be refund of an amount corresponding to the leftover value in cash of the Product. If the product is returned in condition not anymore suitable for the trading market the Consumer has no right to be refund. For this purpose, hence, the Consumer is invited not to manipulate the good more than necessary in order to define the nature, the peculiarities and the operation of the selfsame and shall upholster the original packaging of the Products with another protective material to conserve the integrity and to protect it by eventual writings and labels during the transport.
10.6. The Seller shall collect the Products delivered, taking care that the conditions of them at restitution happened are the one described in the previous par. 10.5.
10.7. If the verification of the Products returned is successful and the right of withdrawal is properly exerted by the Consumer respecting terms and ways expected, the Seller shall provide to refund the whole amount paid for the purchase of the Products to the Consumer, inclusive of the shipping costs as soon as possible and anyway within 14 (fourteen) days. The shipping costs, contingent duties or additional taxes for the Product restitution to the Seller shall be at total expenses of the Consumer.
10.8. The aforesaid refund shall be made, where possible, by the same mean used by the Consumer over the Product purchase or by bank transfer to the Consumer; the Consumer shall communicate to the Seller by an e-mail at firstname.lastname@example.org, the bank details to proceed with this transfer to the Consumer and in order to permit that the Seller has the chance to refund the amount due. If the purchase payment is made by credit card the aforesaid refund shall be fulfilled in the terms indicated directly re-crediting the amount due on the Consumer credit card. Il the payment goes through PayPal, The aforementioned refund shall be made under the terms indicated directly re-crediting the amount due in the bank account used by the Consumer for the payment.
11. Consumer’s personal data and privacy protection
11.1. The Seller, in order to proceed with the order delivery and hence to the conclusion of the present contract requires some personal data of he himself. The Consumer is aware that the personal data given to the Seller shall be recorded and used by Double U Frenk Industry di Lanza Francesco e Bianco Mattia S.n.c., in compliance with the respect of the legislation of which at the Italian law and following modifications and integrations. – Privacy Code, to complete every purchase made on the website, and prior his own approval for other contingent activities as reported in the specific privacy statement furnished by the Consumer through the website.
11.2. The Consumer declares and pledges that the data indicated to the Seller during the registration and purchase procedure are correct and truthful.
11.3. The Consumer shall in every moment update and/or change the personal data given to the Seller the way of an e-mail at email@example.com
12.1. The Seller, though opting for measures aimed to the personal data protection against their possible lost, forgery, manipulation and unfitting use by any third parties, cannot guarantee that the information or data displayed by the Consumer on the website shall not be available or displayable by any non-authorized third parties.
13. Force majeure
13.1. If the Seller does not accomplish, wholly or partially to the duties put at his own charge by any contract closed under the present general sales conditions, and if such default is caused by unpredictable events and/or natural events out of his rational control, including, by way of example and not limited to, natural disasters, terrorist activities, wars, peoples’ insurrections, lack of electricity, general strikes of public or private workers, strikes and or restrictions about courier mobility and airway connections, the Seller shall not be considered responsible for this non-fulfillment.
14. Shipment in Brazil and Russia
14.1. In case of delivery directed to Brazil and Russia, the Consumer declare to be aware and to accept that the deliveries may be subject to eventual delay, not ascribable to the Seller, and that the Products ordered may be materially delivered after 40/45 (forty/forty-five) days since the transmission of the order.
15. Relevant law and jurisdiction
15.1 Every sale contract closed between the Seller and the Consumers under the present general sales conditions shall be regulated and interpreted in compliance with the Italian legislation. However, shall be reserved the right possibly ascribed to the Consumers by binding dispositions of the latter’s country legislation.
16.1. The Parts shall neither cede nor absolutely transfer to third parties any of their rights and the obligations derived by these general sales conditions, without prior written authorization by the counterpart.