The present Conditions of access and use regulate access to the website https://www.franzkraler.com both to the information and advertising section as well as the online sales section (indirect e-commerce) and the use of the online shopping service by all users. The Franz Kraler shopping on-line B2C service is a platform dedicated to e-commerce of goods and luxury clothing products of brands selected by Franz Kraler Srl and sold and distributed by Drop Srl for Franz Kraler to private consumers only. Anyone accessing the website agrees to use the service and the contents of the site in accordance with the relevant laws in force and in compliance with these Conditions of Access and Use.
Legal Notes
TERMS OF ACCESS AND USE OF THE SITE
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OBJECT
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WEBSITE OWNER AND SELLER
The owner of the website and the e-commerce platform is FRANZ KRALER SRL, Italy - Dobbiaco (39034 - BZ) Via Dolomiti n. 46, (VAT No. 02310600214 / REA No. BZ-170106 / Fiscal Code and Registration No. with the Companies' Register 02310600214 / LEI No. 81560034D8BBA7427F91) contacts: e-mail info@franzkraler.com or PEC franzkraler@pec.it, Free Hotline 800-959-373 (Italy) or +39 0474 972328 (Europe) – customer care customercare@franzkraler.com.
Seller through the website of Franz Kraler Srl is DROP SRL, Italy - Montegranaro (63821 - FM) Via Sandro Pertini n. 1, (Cap. Soc. Euro 100.000 fully subscribed and paid up - REA Macerata 148143 - N. Macerata 01383870431) Tax code and VAT number 01383870431, which can be contacted by e-mail amministrazione@drop.it or e-mail PEC dropsrl@pec.it, Free Hotline 800-959-373 (Italy) or +39 0474 972328 (Europe) - customer care customercare@franzkraler.com. -
USER and "GUEST", FAST - and FULL-ACCOUNT PROFILES
USER is any individual person and private consumer who accesses the website, thereby acknowledging and accepting the application of the current Conditions of Access and Use, as published on the website at the time of access. Any User accessing the website must be over 16 years of age and have the legal capacity to act and purchase and undertakes to use the website, its contents and services in accordance with the law and these conditions. The User who accesses the website can freely explore the website and the entire catalogue of products offered through the virtual shop, as well as purchase the products offered to the public, browsing either with a "GUEST" profile, i.e. without any registration, or with a "FAST ACCOUNT" profile, i.e. as a user already registered to the newsletter, or with a "FULL ACCOUNT", i.e. as a user registered both to the newsletter and to the e-commerce platform.
GUEST is any user who accesses the site without registering or creating a dedicated account. The "Guest" user can view the entire catalogue of products in the website's virtual shop, according to the selection and search settings freely chosen and set. The Guest User can proceed with the purchase of products by simply filling in the online order form, subject to consent to the processing of personal data and acceptance of the Privacy Policy and the General Terms and Conditions of Sale, all through a series of guided steps activated by a simple "point & click" operation and completing the transaction with payment by Credit Card or PayPal. The "Guest" user will receive an e-mail immediately after the purchase is concluded and before the product is shipped, summarising information on the purchase and the order code with which to access another dedicated section of the website where he/she will find the contract/order confirmation and the General Terms and Conditions of Sale in a printable and downloadable format and where he/she can manage any withdrawal and return of the order.
FAST ACCOUNT is any user already subscribed to the Newsletter of Franz Kraler Srl, who accesses the site without further registration or creation of his/her own dedicated account. The "FAST ACCOUNT" user consults the product catalogue and concludes product purchases always as a "Guest" user.
FULL ACCOUNT or CUSTOMER is any user who accesses the site after registering and creating his/her own account. Each User is considered as a single natural person and can create only one account.
Registration The User registers on the website by according consent to the collection of his personal data and filling in the online registration form, as well as accepting these Conditions of Access and Use and the General Conditions of Sale of the products. By Registration, the user chooses his own username and password and receive a welcome e-mail. By Registration, the user may also choose to subscribe the Franz Kraler Newsletter for promotional and commercial communications. The user who creates an account by registering, accepts to become a customer of the online shopping shop of the articles, sold and distributed by Drop Srl for Franz Kraler Srl, also accepts to manages his own orders and purchases by accessing his own Personal Area, and accesses dedicated promotions and discounts.
Purchases The "Full account" user displays the entire catalogue of products present in the virtual shop of the site, according to the settings freely chosen or according to the settings that the system automatically processes, recognising the profile. The Customer proceeds to purchase the products with a simple "point & click" operation, accepting the pre-compiled order form automatically processed by the system with the data already registered, concluding the operation with payment by Credit Card or PayPal. After the purchase and before the product is shipped, the Customer will receive an order confirmation by e-mail, with a summary of the purchase and the order code with which to access his "Personal Area > My Account" where he will find the contract/order confirmation and the General Conditions of Sale in a downloadable and printable format. Through the "Personal Area", the Customer can also manage their orders and withdrawal, manage and modify their personal or contact and shipping data, and manage cookie consents. -
TREATMENT OF PERSONAL DATA - PRIVACY AND COOKIE POLICY.
Drop Srl and Franz Kraler Srl process the personal data collected through access to the website for the commercial purposes on the online shop and for other advertising purposes, always in compliance with the privacy-policy and cookie-policy adopted and published in the footer of the website and easily accessible from each navigation page with a single click. The information on cookies and the collection of consent for their use, with information on their management, which can be easily consulted by clicking on an active link, opens with an automatic pop-up when accessing the site https://www.franzkraler.com. The privacy policy, with information on the processing of personal data and the collection of consent to their use to complete sales on the site opens with an automatic pop-up at the time of the single purchase transaction for the "Guest" user, or at the time of registration on the site for the "Full account" user. Each user must carefully read these policies and information to know their rights and obligations. In any case, the processing of the personal data of any User and Customer will be carried out according to the current Privacy and Cookie policies published on the website.
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CONTROLLING OVER THE USE OF WEBSITE - SUSPENSION OR CANCELLATION OF ORDERS / SUSPENSION OR CLOSURE OF ACCOUNTS
Drop Srl and Franz Kraler will control the access and the use of the website and online shopping through its own Investigation Team. Drop Srl verify and, if necessary, suspend or delete any purchase orders whenever detects any anomalies, abuses or fraudulent behaviour such as, for example: bulk or stock purchases, purchases for resale or relating to commercial activities, other fraudulent activities, purchases made by Users who do not have the capacity to act. Drop Srl suspend or close an account created by a Customer whenever it detects any anomalies, abuses or unethical or fraudulent behaviour such as, for example, purchases in bulk or in stock, purchases for resale or relating to commercial activities, other fraudulent activities. The creation of more than one account by the same Customer is considered an abuse and may result in the suspension or closure of all or some of the accounts created by the Customer. Drop Srl suspend the customer account and the purchase order whenever it detects a mismatch between the holder of the customer account and the holder of the Credit Card through which the purchase is attempted.
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RESPONSIBILITIES OF DROP SRL AND FRANZ KRALER SRL
Drop Srl and Franz Kraler Srl guarantee the uninterrupted functionality of the site; however, access may be temporarily interrupted by maintenance or updating activities of the platform or new products, or by problems not attributable to Drop Srl or Franz Kraler Srl managed by the manager of the Alpenite Srl e-commerce platform. The Company does not assume any responsibility deriving, by way of example but not limited to:
- a. from the use that users may make of the materials on the website, whether prohibited or not, in violation of the intellectual and/or industrial property rights of the contents of the website or of third parties;
- b. from violations of intellectual and industrial property rights that suppliers of Drop Srl commit in relation to the products offered for sale;
- c. from any damage and prejudice caused to users as a result of abnormal use of search tools, organisation or localisation of content and/or access to the website and, in general, from errors or problems caused in the development or implementation of the technical elements that the website or a programme may make available to the Client or User;
- d. access by minors under the age of 16 to the content on the website, it being the responsibility of parents or guardians to exercise adequate control over the activity of their children or minors in their care, or to install tools to control the use of the Internet in order to prevent access to material or content that is not suitable for minors, or the conclusion of online purchases, as well as the sending of personal data without the prior authorisation of parents or guardians;
- e. from errors or delays in access to the website by the Customer when entering his or her data in the purchase procedure, from the slowness or impossibility of receiving the Customer's order confirmation or from any anomaly that may occur when such events are due to Internet network problems, fortuitous events or force majeure;
- f. from defects or problems that may occur in communications, cancellation or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operational;
- g. from errors or damage caused to the Website by inefficient or abuse by customer or user;
- h. from inefficiency or problems relating to the e-mail address provided by user;
Drop Srl and Franz Kraler Srl undertake, in any case, to resolve any problems that may arise and to offer all necessary assistance to the Customer to arrive at a rapid and satisfactory solution to any inconveniences that may occur on the Web Site, through their customer care (indirizzo e-mail: customercare@franzkraler.com) -
INFORMATION AND NOTICE ON FRAUDULENT PRACTICES OF THIRD PARTIES
The Goods and Products selected and marketed by Drop Srl through online shopping, are available exclusively in shops and on the website https://www.franzkraler.com. Drop Srl informs its customers of the possibility that third parties may attempt to fraudulently replace Drop Srl in order to obtain personal data from users and carry out illicit activities, through fraudulent practices known as "phishing", which by way of example, may consist of:
- - registering domains similar to those of Drop Srl, copying the logo or the appearance of the site in order to confuse and deceive the user;
- - sending e-mails to the user, passing themselves off as Drop Srl, advertising promotions or discounts and asking the user to click on a link in the e-mail to activate them, or asking the user to provide personal data (e.g. credit card number);
In order to avoid falling victim to these practices, it is important that the user accesses only the official website of Franz Kraler Srl and ignores other forms of communication by e-mail in which the user is asked to click on a link and enter personal information. Drop Srl and Franz Kraler Srl do not request personal information from users via email or through social networks or links and do not advertise promotions or discounts in this way.
In the circumstances described above, the user is invited to pay the utmost attention and immediately report such conduct to Drop Srl and/or Franz Kraler Srl through the toll-free number 800-959-373 (Italy) or +39 0474 972328 (Europe) and the customer contact e-mail customercare@franzkraler.com. -
MODIFICATION OF THE CONDITIONS OF USE
Drop Srl and Franz Kaler Srl reserve the right to modify, at any time and without prior notice, the layout and configuration of the website, as well as these Conditions of Access and Use. The users will always have at their disposal the updated version of the present Conditions of Use, published in the footer of the site, easily accessible from every page of navigation with a single click and freely consultable, memorisable and reproducible. In any case, by registering on the Website as well as making any purchase through the Website, the Customer renews full acceptance of these Terms of Use and of the General Conditions of Sale.
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TRANSFER OF RIGHTS AND OBLIGATIONS
Drop Srl and Franz Kraler Srl are free to transfer and/or transmit, at any time and in accordance with the applicable legislation, the conditions of access and use of the website and of each section.
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GOVERNING LAW AND FORUM
These Conditions of Access and Use, as well as the General Conditions of Sale are governed by Italian law as well as by the European Directives on electronic commerce in force at the time of access to the site and the purchase of the products. In the event of disputes or controversies arising from the purchase of Goods and Products or related services through the website or arising from the application of these Conditions of Access and Use and for the resolution of any conflict, Drop Srl, Franz Kraler Srl and the user/customer are subject to the jurisdiction of the court of the city where the consumer has his residence or domicile. The General Terms and Conditions of Sale are also translated into German and English. In case of doubt about the interpretation of the clauses, the Italian text shall prevail.
For the purposes of these Terms of Use, a "consumer" is considered to be the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to art. 3 of the Consumer Code. Please note that the European Commission also provides consumers with a portal for the amicable resolution of online disputes (Article 14(1) of Regulation (EU) 524/2013), which can be accessed on the website http://ec.europa.eu/odr.