For each transaction concluded through the Franz Kraler S.r.l Website (hereinafter, "Franz Kraler"), the seller is DROP S,R.L. (hereinafter the "Seller"), a company with registered office in Italy in Montegranaro (63821 – FM) in Via Sandro Pertini no. 1, (share capital 100,000 Euros fully subscribed and paid – Macerata Economic and Administrative Repertory (REA) no. 148143 - tax code, VAT number and Marche Register of Companies number 01383870431), dropsrl@pec.it.
GENERAL CONDITIONS OF SALE OF PRODUCTS
FOR THE ONLINE STORE OF FRANZ KRALER LLC
These general conditions of sale regulate the sale to private consumers of clothing products and luxury accessories selected by Franz Kraler LLC (hereafter “Products”) and offered to said Consumers (Clients) trough the web page https://www.franzkraler.com (hereafter „web page“), sold for Franz Kraler LLC by Drop LLC.
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INFORMATION OF VENDOR
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AREA OF APPLICATION
Drop S.r.l. sells, for Franz Kraler, the Products offered on the Site in Italy and in the member countries of the European Union and only to private consumers (hereinafter, "Customers" or "Customer", in the singular), understood as being natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, pursuant to Legislative Decree no. 206/2005. The purchase of the Products includes the delivery service to the address indicated by Customers through couriers appointed by Franz Kraler. These Terms and Conditions of Sale apply to all and only purchases of Products made through the Franz Kraler Website.
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DESCRIPTION AND CHARACTERISTICS OF PRODUCTS
The description of the quality and characteristics of the Products offered on the Site is based on the information and documents made available by Franz Kraler's suppliers. Trademarks, logos and other distinctive signs present on the Site belong to their respective owners. The photographs, videos, graphic or iconographic representations of the Products, trade names, trademarks or distinctive signs of any nature contained in the Site, are intended to provide as much information as possible to Customers about the Products. Before purchasing, Customers are invited to carefully check the description and characteristics of the Products they are interested in. The photographs, videos, graphic or iconographic representations of the Products are merely indicative and, therefore, may not be perfectly representative of the real characteristics of the Products (for example: the colour with which the Products are represented may differ depending on the device used to browse the Site).
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AVAILABILITY OF PRODUCTS
The Products offered for sale on the Site are available at Franz Kraler's stores and warehouses at the time they are selected and ordered, unless otherwise communicated by Franz Kraler prior to the confirmation of the order. In the event that, due to unforeseeable circumstances or other reasons, a Product or some of the Products ordered are no longer available after the order has been placed by the Customer, Customer Service will contact the Customer by e-mail or telephone to inform him/her that it is impossible to confirm the order and to proceed with the refund of any amount paid in the meantime by the Customer. In the event of unavailability of some of the Products constituting an order or a set (for example: a two- or three-piece dress; a complete outfit) or combined with complementary products, verified after the confirmation of the order or after the delivery of some of the Products constituting the order or the set, the Customer may cancel the entire order only by returning the Products constituting the order or the set that may have already been delivered still intact pursuant to paragraph 10 "Withdrawal and return of Products/Refunds" below. In this case, the Seller will refund the full amount paid by the Customer and will also advance the costs for the return of the Products, which will be borne by Franz Kraler.
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PRICE OF PRODUCTS – DELIVERY AND INSURANCE FEES – FREE DELIVERY
The price of the Products offered on the Site is the one indicated on the web page at the time of purchase by confirming and sending the order form.
In the event that a promotional campaign is active on a brand or on some specific Products, the price of such Products on the Site will be indicated by reporting the "Previous Price" charged on the Site, meaning the lowest price indicated on the Site to Customers in the 30 days prior to the application of the price reduction. With regard to Products that have been offered on the Site for less than 30 days, the period of time to which the previous price refers will be indicated.
In the event that a Customer is entitled to an individual promotional discount, the original price or "Previous Price" will be indicated on the order form, then the individual discount or percentage discount, and finally the actual selling price for the Customer.
In any case, the Seller cannot be held liable: (a) in the event that other sellers offer identical items at a different or lower price than that charged on the Site; (b) in the event of involuntary publication on the Website of a price referring to a certain Product that is manifestly lower than that charged on the market at the time of sale, when this amount is clearly too low in the eyes of an average consumer; (c) in the case of sales where the final amount appears manifestly incorrect to the average consumer, where such error is due to technical errors. In the latter two cases, the Seller shall inform the Customers as soon as possible, informing them of the actual selling price of the ordered Product or the correct amount of the sale. If the Customer agrees to pay the difference between the price paid and the actual price subsequently communicated, or between the amount paid and the correct amount of the sale subsequently communicated, the sale will be deemed validly concluded and the Seller will execute the contract by delivering the Product. Otherwise, the order will be cancelled and the Seller will refund the amount already paid to the Customer. The prices of the Products offered through the Site include VAT and any other applicable taxes, but do not include the shipping costs of the Products, which are specified separately in the order form.
Shipping costs may vary depending on the value of the order, delivery address, weight and volume of the Products. Franz Kraler reserves the right to modify the charge of shipping costs, for example by providing free shipping only for purchases that exceed a certain spending threshold and/or only for certain shipping countries and/or only at certain times of the year, highlighting this on the Site and providing notice to the Customer during the purchase process before placing the order.
The shipment of the Products is insured by Franz Kraler for their value. The cost of insurance is borne by Franz Kraler S.r.l. Before completing and finalizing a purchase, the Customer can check the final purchase price on the order form with detailed indications: of any promotional discount granted, of the taxes due, of the shipping costs, with an indication of the final amount due and actual to be paid. -
FORMAL CREATION OF ORDERS AND PURCHASE OF PRODUCTS
The purchase order of the Products through the Site is completed by the Customer by confirming and forwarding the order, following the guided procedure activated with the "Checkout" button. The Customer may modify or cancel the contents of the order at any time before proceeding with the submission of the purchase order.
The submission of a purchase order through the Website constitutes a binding purchase offer with respect to the selected Products and, therefore, the conclusion of a purchase contract, which will be fully governed by these General Terms and Conditions of Sale ("Contract"). Therefore, before proceeding with the purchase of the Products by confirming and forwarding the order form, the Customer is required to carefully read these General Terms and Conditions of Sale and the Terms of Use of the Site, which he may also print or memorize. By submitting the order form, the Customer declares that he/she has understood and approved the content of the form, as well as that he/she accepts these General Terms and Conditions of Sale and the Terms of Use of the Site.
Before confirming the purchase order, the Customer is also required to check the summary of the purchase order to check that all the data provided is correct. Any errors in data entry can be corrected using the appropriate data modification functions on the Site. Once you have placed your order, you will no longer be able to make corrections.
Once the purchase order has been submitted, Franz Kraler will send the Customer, within twenty-four (24) hours of the order (if the order is placed from Monday to Friday by 5.30 p.m.), and within 72 (seventy-two) hours of the order (if the order is placed after 5.30 p.m. on Friday), a confirmation e-mail containing the order number and the details of the order placed, as well as links to the Customer's account, to the conditions of withdrawal, to customer care. The confirmation email constitutes acceptance of the purchase order. The Customer is required to keep the order number in the confirmation email for the purpose of any communication with the Seller.
In the absence of the confirmation email, the Customer's offer to complete the purchase will be considered rejected. The Customer Service will promptly notify the Customer of the non-acceptance of the order and the Seller will refund any sums already paid.
Once the purchase process has been completed, a user-printable electronic document is generated that constitutes the sales contract. This is stored in the Section: "My Account > Order History", in downloadable and printable format, which remains available and can be viewed on the Site both for the non-registered user, by accessing a dedicated area of the Guest Section and entering his/her e-mail and order number, and for the registered user, by accessing his/her Personal Area. -
PAYMENT OF PRODUCTS/ PAYMENT SECURITY
The Customer makes online payment through the Site by the following credit or debit cards: Visa, MasterCard, American Express and/or similar cards, as well as by PayPal and Klarna. No other form of payment is permitted.
The Credit Card with which the payment is made must have a Bank or a Savings Bank of the European Union as its issuing financial entity
The Seller does not record the complete data relating to the payment method used by the Customer and merely communicates the credit card number entered on the Site to the payment gateway partner, which processes the data through security systems compliant with the European PSD2 Directive and manages the collection. The Seller has adopted protection protocols in order to protect all personal data, including those relating to payment methods, in the most efficient way possible, and has bound the security of the processing of this data by its partners, through specific agreements, as indicated in the Privacy Policy. In any case, each user is invited to communicate to the e-mail address customercare@franzkraler.comany undue or fraudulent charge on the card used for purchases on the Site, as soon as possible, in order to allow the Seller to implement the appropriate procedures.
The Seller offers luxury and high-value products for sale through the Site, therefore it has developed a program to detect possible fraudulent transactions and reserves the right to request information, confirmations and/or additional documents from Customers, even after they have made one or more purchases on the Site, by telephone call or e-mail message addressed to the number or account indicated by the Customers, in order to receive a direct confirmation of the purchase before definitively authorising the same and/or to verify the delivery to the courier for the purpose of returning the Products, before making the refund. For example, the Seller may verify the Customer's identity or age and request written confirmation or authorisation signed by the Customer responsible for the purchase or request a copy of the Customer's valid photo ID. In the event that the Customer does not provide the documentation or clarifications within 3 (three) days of the request, the relevant order, if already accepted, may be cancelled by the Seller without the need for subsequent notice, with automatic refund of any amount paid by the Customer. In any case, Drop S.r.l. will keep track of the transaction and will keep the information and documents requested in compliance with the Privacy Policy. With respect to the various payment systems chosen and used by the Customer, the relevant conditions of use apply, with respect to which the Seller is absolutely extraneous. In this context, it should be noted that, if the chosen payment method is PayPal or Klarna, the charge will be made at the time of order confirmation. -
CANCELLATION OF ORDERS
Prior to the confirmation of the order and without prejudice to the right of withdrawal within 14 (fourteen) days from the delivery of the Products, the Customer may cancel the order with a written request made to the Seller through customer care, by filling in the contact form accessible from the Site by clicking on the link "contact us"". This procedure does not allow equivalents, therefore requests for cancellation of orders placed by telephone or e-mail to other addresses will not be taken into consideration.
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DELIVERY OF PRODUCTS
The delivery of the Products is entrusted by Franz Kraler to the DHL Express Courier. DHL allows the Customer to track the shipment through its own service and the use of the tracking number, which is communicated to the Customer by e-mail, after the delivery of the package to the courier.
The order will be delivered to the address indicated by the Customer within the delivery terms indicated by the courier and, in any case, within three (3)/five (5) days from the date of delivery of the package to the courier, except in cases of force majeure.
Delivery is considered to have been made when the Products purchased are made available to the Customer, or another third party designated by him/her/cohabitant, at the place of delivery indicated by the same. Shipping is insured for the value of the goods purchased. The risk of loss or damage to the Products is transferred to the Customer upon delivery of the package to the indicated delivery location. Franz Kraler undertakes to deliver the purchased items in perfect condition to the address indicated by the Customer in the order form at the time of purchase. The address must be in Italy or in the member countries of the European Union and cannot be a mailbox or postal code.
The address indicated by the Customer must be an address to which delivery can be made during normal business hours. If, at the time of delivery of the Products to the address indicated, the Customer (or other authorised person) is not present, the courier, by means of an attempted delivery notice, will inform the Customer of the procedure for arranging a new delivery. DHL may inform the recipient of an incoming shipment or non-delivery. Alternative delivery options may be made available to the recipient, such as delivery on a different day, delivery to their home, to another address or to a DHL Service Point or to a third party. If, after the expiry of the terms indicated from the date of the notice (not less than seven (7) calendar days), the Customer has not contacted the courier to agree on a new delivery date, the Products will be returned to Franz Kraler's warehouses. In this case, the Seller will reimburse the Customer only for the price of the items purchased and the Customer will have to bear the shipping and return costs, as well as the insurance costs of the shipped Products. At the time of delivery, the Customer is required to check that the number of packages corresponds to that resulting from the transport documents and that the packaging is intact and without signs of damage, tampering or alteration. If this verification is not successful, the Customer must immediately make the necessary complaints to the courier, refusing the product or accepting it with a written reservation on the transport document. Failing that, once the courier's document has been signed, the Customer will not be able to raise any objection about the external characteristics of what has been delivered. In addition, the Customer must promptly report to the Seller, by contacting the Customer Service referred to in Clause 13 below, no later than 8 (eight) days from the date of delivery, any problems concerning the physical integrity, correspondence or completeness of the Products received. This is without prejudice to the Customer's right to the legal warranty of conformity referred to in Clause 11 below and the right of withdrawal referred to in Clause 10 below. -
RETURN AND REFUND POLICY
In all the cases provided for by these General Terms and Conditions of Sale and by law (including those that are mandatory, also in consideration of the subjective qualities of the Customer according to the national regulations applicable from time to time), the Customer has the right to withdraw from the Contract without giving reasons, within fourteen (14) days from the date of delivery of the Products purchased. A Customer who is not registered on the Website shall proceed with the notice of withdrawal and return by accessing the Provisional Personal Area, using the contact e-mail provided at the time of the order and the order number communicated with the order confirmation e-mail and filling in the appropriate Withdrawal Form, or by sending an e-mail to customercare@franzkraler.com: with the subject "Order No. Withdrawal ...", indicating the order number and the Product(s) he/she intends to return.
The Customer registered on the Site proceeds with the communication of withdrawal and return by accessing their Personal Area > Order History and activating the return process from the appropriate active link, selecting the item(s) he/she wishes to return and completing the online Withdrawal Form in all its parts.
Once the notice of withdrawal has been received, the Seller will send an e-mail confirming receipt containing the documentation to proceed with the return (Withdrawal Form and Printable Return Label) and instructions on how to arrange the collection of the products directly with the indicated courier; in this case, the costs of returning the product shall be borne by Franz Kraler. The Customer is free to communicate the withdrawal and to return the Products also in alternative ways and at his/her own care and expense, provided that they are within the terms and methods of the law, by sending them to the Franz Kraler warehouse at the following address: Magazzino B&R, Via Bruno Buozzi, 12, 39100 Bolzano (BZ In such a case, the Seller advises the Customer that: (1) it is appropriate to use a tracking or acknowledgement of receipt service that must be communicated to the Seller; (2) the Seller will refuse Products returned by COD carriage at a charge; (3) the Seller shall not be liable in case of non-receipt of the Products or damage to the Products in transit and in such cases will not refund the sums collected. The notice of withdrawal and the return of the purchased Products does not entail any penalty for the Customer in the use of the Site and for future purchases. The return documentation must be included in the return package of the returned Products. In the event of withdrawal, the Customer will be entitled to a refund of the full amount paid to the Seller, including the costs of shipping, insurance and delivery of the Products (if all the Products purchased are returned), provided that the Products are returned in the same condition in which they were delivered. To this end, no later than twenty-four (24) hours from receipt of the return, we will verify that the returned Products are in the same condition in which they were delivered (so-called Quality Check). In particular, a check will be carried out that the returned Products have not been used (except as necessary to ascertain their conformity with the description), washed, damaged, modified and/or altered before return, that they have been returned with the same original packaging (in perfect condition) with which they were received by the Customer and that they have not been deprived of the original labels and/or security tags. Only if and after the Products returned by the Customer have passed the Quality Check, the Seller will accept the return and proceed with the refund due to the Customer. The refund, if due, will be made no later than 14 days from the day on which the Seller was informed of the Customer's decision to withdraw. The actual crediting of the refund to the Customer's account or card depends on the timing of the Credit Institution or the Issuing Institution. The refund will be made using the same means of payment used by the Customer for the initial transaction. In the event that the Customer decides to return the returned Products independently, instead of using the couriers made available by Franz Kraler for collection, the Seller may suspend the refund due following the exercise of the right of withdrawal until the Products have been received or until the Customer has demonstrated that he/she has sent back the Products, whichever comes first. If, on the other hand, the returned Products do not pass the Quality Check, the Seller will not accept the return and the Customer will not be entitled to any refund. In this case, Customer Service will notify the Customer by e-mail of the failure to pass the quality control and the rejection of the return, as well as the amount of the ancillary costs of handling and forwarding the refused return. If the Customer does not pay the aforementioned ancillary costs within fifteen (15) days of receipt of the e-mail, the Products that have not been returned will remain available to the Customer at Franz Kraler's warehouse Magazzino B&R, Via Bruno Buozzi, 12, 39100 Bolzano (BZ), so that the Customer can arrange for their collection at his/her own expense. -
LEGAL WARRANTY OF CONFORMITY FOR FAULTY OR NON-CONFORMAL PRODUCTS
The Products sold through the Site are covered by the legal warranty of conformity provided for in articles 128 et seq. of the Consumer Code ("Legal Warranty") by Franz Kraler. To take advantage of the Legal Warranty, the Customer must keep and show the invoice (or the purchase receipt or delivery note) that he/she will receive at the time of delivery.
The Legal Warranty may be requested for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity has manifested itself within a period of 2 (two) years from the delivery of the Product. The Customer is required to report the lack of conformity by contacting Customer Service at the following email address customercare@franzkraler.com; this report must contain an accurate and complete description of the defects complained of. In this case, the Customer Service is required to acknowledge the Customer's communication, giving him/her instructions for the shipment of the defective product.
In the case of non-conforming Products, neither replacement nor repair can be offered. In such cases, the Customer will be entitled, at his/her choice, to an appropriate price reduction (to be agreed on a case-by-case basis) or to the termination of the Contract and to a full refund of the price of the defective or non-compliant Product, against the return of the goods. The Legal Warranty does not cover defects caused by negligence, bumps or tears, improper use or handling, improper use of the Products, discoloration of garments, washing that does not comply with the procedures indicated on the labels, or damage from normal wear and tear of perishable materials. Products modified or repaired by the Customer or any other unauthorised person are also excluded from the Legal Warranty. If it is verified that the reported lack of conformity actually exists, the shipping costs of the non-conforming Product shall remain at Franz Kraler's expense. Otherwise, or if it is verified that the reported lack of conformity does not exist or that the conditions for the applicability of the Legal Warranty of conformity do not exist, the Legal Warranty will not operate and the shipping costs as well as the costs related to the verification of the alleged lack of conformity shall be borne by the Customer, who will be notified by e-mail. -
EXCLUSIVITY MODIFICATION AND VALIDITY OF THE CONDITIONS OF SALE
These General Terms and Conditions of Sale, as published and accepted by the Customer at the time of purchase and/or registration on the Site, exclusively and specifically govern any purchase made through the Site between the Seller and the Customers, regardless of their nationality, and replace any other agreement or contract, whether verbal or written, previously concluded between the parties. The Seller reserves the right to modify, at any time and without prior notice, the General Terms and Conditions of Sale, subject to compliance with current legislation. In any case, the version of the General Terms and Conditions in force at the time the order is placed applies to each purchase. Customers always have the General Terms and Conditions of Sale in force in the footer of the Site. The nullity or ineffectiveness of any clause of these General Terms and Conditions of Sale does not imply the nullity of the other clauses or of the contract. The failure of the Seller to exercise any right deriving from these General Terms and Conditions of Sale shall not be construed as a waiver of such right, unless expressly waived in writing by the Seller or the right and action are time-barred.
The General Terms and Conditions of Sale are also available on the Website in German and English. In case of doubt as to the interpretation and application of the clauses, the text in Italian shall prevail. -
CUSTOMER CARE
The Customer Service, which the Customer can contact for any information, to request assistance or to submit complaints, can be reached at the following addresses: Customer Service: customercare@franzkraler.com– g- toll-free number +39 800 959 373 for Europe excluding Italy, number for Italy: 0474-972328, link https://www.franzkraler.com/it/it/contactus https://www.franzkraler.com/it/it/contactus.
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APPLICABLE LAW AND PLACE OF JURISDICTION
These General Terms and Conditions of Sale are entirely governed by Italian law. This is without prejudice to the mandatory provisions of the law provided for in the State in which the Customer has his/her habitual residence. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution or termination of these General Terms and Conditions of Sale or of each Contract, if the Customer intends to bring the matter before an ordinary Judicial Authority, will be subject to the exclusive jurisdiction, at its discretion, of the Court of Fermo or the Court of the country of residence or domicile of the consumer, if the latter country is an EU Member State. The Seller shall submit any dispute arising under these General Terms and Conditions to the competent court of the country in which the Customer habitually resides, if it is an EU Member State; otherwise it will be submitted to the Court of Fermo.
For the online resolution of disputes, the Customer has the possibility to resort to the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller can resolve disputes relating to purchases made online through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show. -
PROTECTION OF PERSONAL DATA/PRIVACY POLICY
The Data Controller of customer personal data is Franz Kraler S.r.l., with registered office in Dobbiaco (BZ), post code 39034, Via Dolomiti 46, Tax Code and VAT number 02310600214. Drop S.r.l. (with registered office in Italy in Montegranaro (63821 – FM) in Via Sandro Pertini no. 1, (Share capital 100,000 Euros fully subscribed and paid – Macerata Economic and Administrative Repertory (REA) no. 148143 – tax code, VAT number and Marche Register of Companies No. 01383870431) processes the Customer's personal data in its capacity as the data processor, appointed for this purpose pursuant to article 28 of EU Regulation 2016/679. The purposes and methods of processing are specified in the Privacy Policy published on the website and available at the following link: Privacy Policy.