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 Italian, German, French and
Spanish. 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 online dispute resolution, the Customer has the option of using recognised ADR solutions.
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.
