General Terms and Conditions of Sale

Franz Kraler s.r.l. website

 

These General Terms and Conditions of Sale govern the sale to private consumers of luxury clothing and accessories from brands selected by Franz Kraler Srl (hereinafter, "Products" or "Product," in the singular) and offered to its Clients through the website https://www.franzkraler.com (hereinafter, the "Website"), sold on behalf of Franz Kraler Srl by Calicantus Srl.

 

1. SELLER INFORMATION.

For each transaction completed through the website of Franz Kraler S.r.l. (with its registered office located in Dobbiaco (BZ), 39034, Via Dolomiti No. 46, Tax Code and VAT No. 02310600214; hereinafter "Franz Kraler"), the selling party is CALICANTUS S.r.l. (hereinafter the "Seller"), a company with its registered office in Quarto D'Altino (VE), Via L. Mazzon No. 30, 30020 (Share Capital €100,000 fully subscribed and paid – REA VE-335872 – Tax Code and VAT No. IT03757590272), certified email: calicantussrl@dadapec.com.

 

2. SCOPE OF APPLICATION.

Calicantus S.r.l. sells the Products offered on the Website on behalf of Franz Kraler within Italy and in the Member States of the European Union, and exclusively to private consumers (hereinafter "Clients" or "Client," in the singular), as defined by Legislative Decree No. 206/2005, meaning individuals acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activities they may engage in. The purchase of Products includes the provision of delivery services to the address specified by the Clients, through couriers designated by Calicantus S.r.l. These Terms and Conditions of Sale apply solely to purchases of Products made through the Franz Kraler Website.

 

3. DESCRIPTION, CHARACTERISTICS, AND INFORMATION REGARDING THE PRODUCTS
   The descriptions of the quality and characteristics of the Products offered on the Website are based on the information and documents made available by the suppliers of Franz Kraler. Trademarks, logos, and other distinctive signs appearing on the Website are the property of their respective owners. Photographs, videos, graphic, or pictorial representations of the Products, as well as trade names, trademarks, or any other distinctive signs of any kind contained on the Website, are provided for informational purposes only, to offer the Clients as much detail as possible regarding the Products. Prior to making a purchase, the Client is strongly advised to carefully examine the description and characteristics of the Products of interest.

Photographs, videos, and graphic or pictorial representations of the Products are purely illustrative and, as such, may not accurately reflect the actual characteristics of the Products (for example, the color representation of the Products may vary depending on the device used to access the Website).

 

4. AVAILABILITY OF PRODUCTS

The Products offered for sale on the Website are available at the stores and warehouses of Franz Kraler at the time of selection and order placement, subject to subsequent notification by Franz Kraler in the event of any changes to availability prior to order confirmation. In the event that, due to force majeure or any other cause, the Product or any of the Products ordered are no longer available after the Client has submitted the order, Customer Service shall contact the Client via email or telephone to notify them of the inability to confirm the order and will proceed with the refund of any amounts already paid by the Client.

In the case of unavailability of any Products that form part of an order or set (e.g., a two- or three-piece suit, a complete outfit) or when such Products are paired with complementary items, discovered after the order confirmation or the delivery of part of the Products forming the order or set, the Client may cancel the entire order solely by returning all Products that constitute the complete order or set (including any items already delivered), provided that such Products are returned in their original, undamaged condition, in accordance with the provisions set forth in paragraph 10 "Right of Withdrawal and Return of Products/Refund." In such instances, the Seller shall refund the full amount paid by the Client.

 

5. PRICE OF PRODUCTS / TAXES AND SHIPPING AND INSURANCE FEES / FREE DELIVERY
   The price of the Products offered on the Website shall be the price indicated on the Website at the time of purchase, upon confirmation and submission of the order form.

If a promotional campaign is active on a brand or specific Products, the price of such Products on the Website will be indicated, including the "Previous Price" previously applied on the Website. For the purposes of this provision, the "Previous Price" shall be understood as the lowest price indicated on the Website to Customers within the 30-day period prior to the application of the price reduction.

For Products offered on the Website for less than 30 days, the period to which the "Previous Price" refers will be specified.

If the Customer benefits from an individual promotional discount, the order form will reflect the original price or the "Previous Price," followed by the discount or percentage of the individual discount, and finally, the actual sale price for the Customer.

In any event, the Seller shall not be held liable: (a) in the event that other sellers offer identical items at a different or lower price than that listed on the Website; (b) in the event of an unintentional publication on the Website of a price for a certain Product that is manifestly lower than the price applied in the market at the time of sale, where such price is evidently too low to a reasonable average consumer; (c) in the event of sales where the final price appears manifestly incorrect to the average consumer, where such error is due to technical issues.

In the cases outlined in subsections (b) and (c), the Seller shall promptly notify the Customers, communicating the actual sale price of the ordered Product or the corrected sale amount.

The Customer may then choose to place a new order at the corrected price (subject to the cancellation of the original order at the incorrect price and a full refund of any amounts already paid), or to receive a full refund of the amounts already paid.

The prices of the Products offered via the Website include VAT and any applicable taxes but do not include shipping costs, which are specified separately on the order form.
Shipping costs may vary depending on the value of the order, the delivery address, and the weight and volume of the Products. Franz Kraler reserves the right to modify the shipping charges, such as by offering free shipping for orders exceeding a specified threshold and/or for certain shipping countries and/or during specific periods of the year, provided such information is clearly stated on the Website and communicated to the Customer during the purchasing process prior to order submission.

Before completing and finalizing the purchase, the Customer may review the final purchase price on the order form, which will include a detailed breakdown: of any promotional discounts applied, taxes due, shipping fees, and the final amount payable.

 

6. ORDER FORMALIZATION AND PURCHASE OF PRODUCTS

The purchase order for Products through the Website shall be deemed completed by the Customer upon confirmation and submission of the order, in accordance with the guided procedure initiated by the "Checkout" button. The Customer shall have the right to modify or cancel the contents of the order at any time prior to the submission of the purchase order.

The submission of a purchase order via the Website constitutes a binding offer to purchase the selected Products and, accordingly, the conclusion of a sales contract, which shall be fully governed by these General Terms and Conditions of Sale (hereinafter referred to as the "Contract"). Therefore, prior to proceeding with the purchase of Products by confirming and submitting the order form, the Customer is required to carefully review these General Terms and Conditions of Sale, which may be printed or saved for reference. By submitting the order form, the Customer acknowledges having read, understood, and accepted the contents thereof, as well as these General Terms and Conditions of Sale.

Prior to confirming the purchase order, the Customer shall also be required to verify the order summary to ensure the accuracy of all information provided. Any errors in the data entry may be corrected using the designated data modification functions available on the Website. Once the order is submitted, no further corrections may be made.

Upon submission of the purchase order, Franz Kraler shall, within twenty-four (24) hours of the order (if the order is placed from Monday to Friday before 5:30 PM), or within seventy-two (72) hours (if the order is placed after 5:30 PM on Friday), send the Customer a confirmation email containing the order number and details of the order, as well as links to the Customer's account, the terms and conditions for withdrawal, and customer care. The confirmation email shall constitute acceptance of the purchase order. The Customer is required to retain the order number provided in the confirmation email for future reference in any communications with the Seller.

In the absence of the confirmation email, the Customer's offer to complete the purchase shall be considered rejected. The Customer Service team shall promptly notify the Customer of the rejection of the order, and the Seller shall proceed with the refund of any amounts already paid by the Customer.

Upon completion of the purchase process, an electronic document, which constitutes the sales contract, shall be generated and made available for download and printing by the Customer. This document shall be stored in the section: "My Account > Order History," in a downloadable and printable format, which remains available for access on the Website both for registered and non-registered Customers. Non-registered Customers may access their order details in the "Guest" section by entering their email and order number, while registered Customers may access their Personal Area.

For corporate policy reasons, invoices shall not be issued for transactions made from countries within the European Union, in accordance with Directive 2014/55/EU.

 

7. PAYMENTS METHODS AND SECURITY MEASURES

The Customer shall make payments through the Website by the following methods: credit or debit card Visa, MasterCard, American Express and/or similar cards, as well as by PayPal and Klarna. No other form of payment is allowed.

In case of payment by credit or debit card, it must be issued by a Bank admitted operating within the EU.

The Seller does not register the full data related to the payment method used by the Customer, only transmitting the credit card number to the payment gateway partner, who processes the data through security systems compliant with the European Directive PSD2 and manages the takings.

In order to ensure the security of all personal data, including payment methods, the Seller adopts protection protocols as efficiently as possible and requires the security of the processing of these data is ensured by its partners as well, whenever the processing has to be managed by them, through specific agreements, as stated in the Privacy Policy.

In any case and for any further need, the Customer are kindly asked to text to customercare@franzkraler.com of any possible undue or fraudulent charge, as soon as possible, in order to enable the Seller to implement appropriate measures.

The Seller offers luxury and high-value Products for sale through the Website and has implemented a program to detect potential fraudulent transactions. Accordingly, the Seller reserves the right to request additional information, confirmations, and/or documents from Clients, even after they have made one or more purchases on the Website. Such requests may be made via telephone or email directed to the number or account provided by the Clients, to obtain direct confirmation of the purchase before giving final authorization and/or to verify the return of the Products to the courier prior to processing a refund. By way of example and without limitation, the Seller may carry out verifications on the Client's identity or age and request a written, signed confirmation or authorization from the Client responsible for the purchase, or require a copy of a valid Identity Document bearing the Client's photograph. If the Client fails to provide the requested documentation or clarifications within three (3) days of the request, the relevant order, if already accepted, may be canceled by the Seller without the need for further notice. Any amount already paid by the Client shall be automatically refunded. The Seller will take note of the operation and will store data and documents in accordance with the Privacy Policy.

With regards to other payment methods, the respective terms of use apply, in relation to which the Seller does not take any responsibility nor could be considered liable in any case. If the payment occurs via Paypal or Klarna, the amount will be usually charged at the order confirmation.

 

8. CANCELLATION OF THE ORDER

Prior to the confirmation of the order and without prejudice to the Customer's right of withdrawal as set forth in applicable law, exercisable within fourteen (14) days from the delivery of the Products, the Customer may cancel the order by submitting a written request to the Seller through the customer care service, by completing the contact form available on the Website by selecting the "Contact Us" link. This procedure is the sole method for cancellation, and therefore, any requests for order cancellation submitted via telephone or email to alternative contact addresses will not be considered. The return of goods already delivered to the courier shall, in all circumstances, follow the procedure established for withdrawal and return as per the provisions of Section 10 hereof.

 

9. DELIVERY OF PRODUCTS

The delivery of products is entrusted by the Seller to the express courier UPS. UPS provides the Customer with the ability to track the shipment through its service by using the tracking number, which is communicated to the Customer via email after the parcel is handed over to the courier.

The order will be delivered to the address provided by the Customer within the delivery times indicated by the courier, and in any case, within three (3) to five (5) days from the date the parcel is handed over to the courier, unless otherwise prevented by force majeure.

Delivery shall be deemed complete when the purchased Products are made available to the Customer or any other third party designated by the Customer, at the delivery location specified by the Customer. The risk of loss or damage to the Products passes to the Customer upon delivery of the parcel at the delivery address indicated.

The courier commits to delivering the purchased items in perfect condition to the address provided by the Customer in the order form at the time of purchase. The address must be within Italian territory or within the countries of the European Union, and it cannot be a P.O. box or postal code.

The address provided by the Customer must be a contact point where delivery can be made during normal business hours. If, at the time of delivery of the Products to the specified address, the Customer (or another authorized person) is not present, the courier will issue a delivery attempt notice, informing the Customer of the procedure to arrange for a new delivery. UPS may inform the recipient of an incoming shipment or a failed delivery. Alternative delivery options may be made available to the recipient, such as delivery on a different day, delivery in front of the residence, to another address, or to a UPS Service Point or third-party location. If, after the deadlines indicated in the attempted delivery notice, the Customer has not contacted the courier to arrange a new delivery date within the time limits indicated in the notice, the contract shall be automatically resolved by law pursuant to Article 1456 of the Civil Code, and the Customer will be entitled to a refund of the purchase price within 15 working days from the contract resolution, along with the return of the goods to Franz Kraler’s warehouses.

It is understood that the shipping, return, and possible insurance costs for the shipped Products are the responsibility of the Customer.

Upon delivery, the Customer is required to verify that the number of packages corresponds to the number indicated on the transport documents and that the packaging is intact and free from signs of damage, tampering, or alteration. If this verification is not successful, the Customer must immediately raise the issue with the courier, refusing the Product or accepting it with a written reservation on the transport document. If the Customer does not raise any issue, once the transport document is signed, no further claims can be made regarding the external characteristics of the delivered items.

Furthermore, the Customer must promptly report any issues regarding the physical integrity, conformity, or completeness of the received Products to the Seller, by contacting Customer Service as per the following Article 13, within no more than 8 (eight) days from the delivery date. The Customer's rights under the legal warranty of conformity as described in Article 11, and the right of withdrawal as described in Article 10, remain unaffected.

 

10. RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS / REFUND

In all cases provided by these General Terms and Conditions of Sale and by law (including mandatory provisions, also in consideration of the subjective qualities of the Customer according to the applicable national regulations), the Customer has the right to withdraw from the Contract without providing reasons, within fourteen (14) days from the date of delivery of the purchased Products.

The Customer may initiate the withdrawal and return process by activating the return process through the dedicated link available, selecting the item(s) to be returned, and completing the online Withdrawal Form in all its parts, or by sending an email to customercare@franzkraler.com, with the subject line "Withdrawal Order No. …", indicating the order number and the Product(s) they wish to return.

Once the withdrawal communication is received, the Seller will send a confirmation email acknowledging receipt.

The Customer is free to return the Products at their own expense, provided they comply with the terms and conditions established by law, by sending them to the following address:

Magazzino B&R, Via Bruno Buozzi, 12, 39100 Bolzano (BZ), Italy.

In this case, the Seller informs the Customer that: (1) the Seller will refuse any Products returned with cash on delivery (COD) charges; (2) the Seller will not be responsible in case of non-receipt or damage to the Products during transportation, and in such cases, no reimbursement will be made; (3) the Products must be returned without undue delay and, in any case, within 14 (fourteen) days from the date on which the Customer communicated their intention to withdraw from the Contract.

The withdrawal communication and the return of the purchased Products will not incur any penalty for the Customer's use of the Website or future purchases. In case of withdrawal, the Customer will be entitled to a full refund of the amount paid to the Seller, provided that the Products are returned in the same condition in which they were delivered.

To this end, within no more than twenty-four (24) hours from the receipt of the return, the Seller will verify that the returned Products are in the same condition as when they were delivered (the so-called "Quality Check"). Specifically, the verification will check that the returned Products have not been used (except for what is necessary to verify their conformity to the description), washed, damaged, modified, or altered prior to return, that they are returned with the original packaging (in perfect condition) in which they were received by the Customer, and that the original tags and/or security tags have not been removed. Only if, and after, the returned Products pass the Quality Check will the Seller accept the return and proceed with the refund due to the Customer. The refund, if applicable, will be processed within fourteen (14) days from the day the return passes the Quality Check. The actual crediting of the refund to the Customer's account or card depends on the processing times of the financial institution or issuing entity. The refund will be made using the same payment method used by the Customer for the initial transaction. The Seller may suspend the refund until receipt of the Products or until the Customer provides proof that the Products have been shipped back, whichever occurs first.

If, however, 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, the Customer Service will notify the Customer via email of the failed Quality Check and the refusal of the return, along with arrangements for the Products to be sent back to the address provided by the Customer.

 

 

11. LEGAL WARRANTY OF CONFORMITY FOR DEFECTIVE OR NON-CONFORMING PRODUCTS
    The products sold through the Website are covered by the legal warranty of conformity provided for by Articles 128 and following of the Consumer Code (hereinafter, the "Legal Warranty") offered by Franz Kraler. In order to avail of the Legal Warranty, the Customer must retain and present the invoice (or purchase receipt or delivery note) received at the time of delivery.

The Legal Warranty may be claimed for any non-conformity present at the time of delivery of the product, provided that the non-conformity becomes evident within 2 (two) years from the date of delivery of the product. The Customer is required to report the non-conformity by contacting Customer Service at the following email address: customercare@franzkraler.com; such notice must contain an accurate and detailed description of the defects or issues being contested. In such cases, Customer Service is obliged to acknowledge the Customer's communication and provide instructions for returning the defective product.

In the case of non-conforming products, neither replacement nor repair can be offered. In such instances, the Customer shall be entitled, at their discretion, to a fair reduction in price (to be agreed on a case-by-case basis) or to the termination of the contract and a full refund of the price paid for the defective or non-conforming product, in exchange for the return of the product.

The Legal Warranty does not cover defects caused by negligence, impacts or tears, improper use or handling, non-compliant use of the products, discoloration of the items, washing procedures inconsistent with the instructions on the labels, or damage resulting from normal wear and tear of perishable materials. Additionally, the Legal Warranty does not cover products that have been modified or repaired by the Customer or by any unauthorized third party.

In the event that the reported non-conformity is found to exist, the shipping costs for the non-conforming product will be borne by Franz Kraler. If, on the other hand, it is determined that the reported non-conformity does not exist, or that the conditions for the applicability of the Legal Warranty are not met, the Legal Warranty will not apply, and the shipping costs, as well as the costs related to the verification of the alleged non-conformity, will be borne by the Customer, who will be notified via email.

 

12. EXCLUSIVITY, AMENDMENT, AND VALIDITY OF THE TERMS AND CONDITIONS OF SALE.
    These Terms and Conditions of Sale, as published and accepted by the Customer at the time of purchase and/or registration on the Website, exclusively govern each transaction completed through the Website between the Seller and the Customer, regardless of the Customer’s nationality, and supersede any prior agreements or contracts, whether verbal or written, between the parties. The Seller reserves the right to amend these Terms and Conditions of Sale at any time, without prior notice, provided that such amendments comply with applicable laws. In all cases, the version of the Terms and Conditions in effect at the time of submission of the relevant order shall apply to each purchase.

The current version of the Terms and Conditions of Sale is always available to the Customers in the footer of the Website.

The invalidity or unenforceability of any provision of these Terms and Conditions of Sale shall not affect the validity of the remaining provisions or the contract as a whole. The failure of the Seller to exercise any right under these Terms and Conditions shall not be construed as a waiver of such right, except where such waiver is explicitly granted in writing by the Seller, or where the right has been prescribed or extinguished by law.

These Terms and Conditions of Sale are available on the Website in both German and English. In the event of any doubts regarding the interpretation or application of any clause, the Italian version of the text shall prevail.

 

13. CUSTOMER CARE

Customer Care Service is available for any further information, to ask for assistance and/or to submit complaints at the following addresses:

Customer care service: customercare@franzkraler.com.

Website: https://www.franzkraler.com/it/it/contactus.

 

14. LAW AND JURISDICTION

These General Terms and Conditions of Sale are entirely governed by Italian law.

The mandatory provisions of law in the country of the Client's habitual residence shall always remain unaffected.

Any dispute arising between the Parties in relation to the validity, interpretation, performance, or termination of these General Terms and Conditions of Sale or any Contract, if the Client intends to resort to ordinary judicial authorities, shall be exclusively within the jurisdiction, at the Client's discretion, of the Court of Venice or the Court of the Client’s country of residence or domicile, provided that such country is a Member State of the European Union. The Seller shall submit any dispute arising under these General Terms and Conditions to the competent court in the country of the Client’s habitual residence, if it is an EU Member State; otherwise, it shall be submitted to the Court of Venice.

 

15. ONLINE DISPUTES RESOLUTION

For the online resolution of disputes, the Client may utilize the platform established by the European Commission for resolving disputes related to online sales contracts ("ODR Platform"). Through the ODR Platform, the Client and the Seller can resolve disputes related to online purchases with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

 

16. DATA PROTECTION AND GDPR COMPLIANCE

With regards to the customers’ data, the data controller is “Franz Kraler S.r.l.”, with registered office in Dobbiaco (BZ), Italy, 39034, Via Dolomiti n. 46, C.F., VAT number 02310600214.

CALICANTUS SRL, with registered office in Quarto D'Altino (VE), Italy, Via L. Mazzon n. 30 - 30020, Reg. Cap. Euro 100,000 fully subscribed and paid - REA VE-335872 – VAT number IT03757590272, processes the personal data of the Customer as data processor, appointed for this purpose by the data controller pursuant to art. 28 of EU Regulation 2016/679. The purposes and methods of data treatment are specified in the privacy policy published on the website and available at the following link: Privacy Policy.