GENERAL ONLINE SALES TERMS AND CONDITIONS

 

ARTICLE 1 – INTRODUCTION

These general sales terms and conditions apply to all purchases of FRAU-branded products and any other products marketed through the e-commerce website www.frau.it by users qualifying as consumers, meaning natural persons acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out.

The website, owned by CALZATURIFICIO FRAU S.P.A., with registered office at Via Torino 18/20 - 37035 San Giovanni Ilarione (VR) - Italy, VAT No. 00799810239, R.E.A. 158681, is operated, including payment collection and invoicing, by Glint S.r.l., with registered office at Viale Cassala 32, 20143 Milan, Italy, tax code and VAT No. 11198260967, registered with the Milan Companies Register under No. 02912880966, hereinafter "Glint".

Purchases of products made through the Website shall involve, as parties, collectively referred to as the "Parties", Glint S.r.l., acting as seller, hereinafter the "Seller", and the consumer purchaser who proceeds to purchase one or more products for purposes unrelated to any commercial, business, craft, or professional activity of their own.

CALZATURIFICIO FRAU S.P.A. remains the owner of all rights to the Website's domain name, the logos, the registered trademarks relating to the products presented on the Website, as well as the copyright relating to the Website and its content.

Any communication from the consumer relating to the purchase of products, including any reports, complaints, requests concerning the purchase and/or delivery of products, the exercise of the right of withdrawal and any other communication relating to these general sales terms and conditions, must be sent to the contact details indicated on the Website and/or to the following e-mail address: customer.care@frau.it.

Every purchase is governed by these general sales terms and conditions in the version published on the Website at the time the order is transmitted by the consumer.

The Website is intended for the exclusive use of consumers. Persons not qualifying as consumers may not, under any circumstances, purchase products on the Website. The Seller reserves the right to refuse orders that, in its sole discretion, it believes to have been placed by persons not qualifying as consumers.

Should one or more sales nevertheless be made to persons not qualifying as consumers, these general sales terms and conditions shall apply, save that, by way of derogation from them:

* the purchaser shall not be entitled to a right of withdrawal;

* the purchaser shall not be entitled to the legal warranty of conformity granted in favor of consumers;

* the purchaser shall not be granted the further protections mandatorily provided for by consumer protection law.

ARTICLE 2 – DEFINITIONS

For the purposes of these general sales terms and conditions, the following terms shall have the meaning indicated below:

Purchaser: the consumer, meaning the natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out.

Seller: Glint S.r.l.

Operator: the party responsible for the operational management of the Website, for payment collection and invoicing, identified as Glint S.r.l.

Website: the e-commerce website www.frau.it.

Products: footwear, footwear accessories, leather goods, and other goods that may be marketed on the Website.

The manufacturer: CALZATURIFICIO FRAU S.P.A.

Contract: the distance sales contract concluded between the Seller and the Purchaser through the Website.

Order: the purchase proposal transmitted by the Purchaser through the Website.

Order acknowledgement: the automatic e-mail confirming receipt of the Order in the Seller's system, which does not constitute acceptance of the purchase proposal.

Shipping confirmation: the e-mail by which the Seller communicates acceptance of the Order, the shipment of the products, and the expected delivery date. The Contract shall be deemed concluded upon sending of the Shipping confirmation.

Consumer Code: Legislative Decree No. 206 of 6 September 2005, as amended.

Conformity with the Contract: the conformity of the products with the subjective and objective requirements provided for by applicable law and by the Contract.

Defective good: a good that does not offer the safety that may legitimately be expected, taking into account all relevant circumstances.

ARTICLE 3 – SUBJECT MATTER

Under the Contract, the Seller sells and the Purchaser purchases, by electronic means, the products offered on the Website.

The products are presented on the Website with the greatest possible accuracy. It is understood that images, colors, finishes, textures, leathers, materials, accessories, stitching, and details visible on the Purchaser's monitor may not perfectly correspond to the actual products, including due to the settings of the device used by the Purchaser. In the event of a discrepancy between the product image and the corresponding product description, the description contained in the product sheet shall prevail.

For footwear, any indications regarding fit, size, upper, sole, materials, care, water resistance, flexibility, or comfort are indicative only and must be read together with the product sheet and any instructions provided with the product.

ARTICLE 4 – PRODUCT AVAILABILITY

The Seller's electronic catalogue indicates, in real time and as far as possible, the products available and those not available, as well as the expected shipping times.

The Seller confirms receipt of the Order as soon as possible by sending the Purchaser the relevant Order acknowledgement by e-mail.

Should an ordered product not be available, even temporarily, or should the Order not be capable of being fulfilled, in whole or in part, due to stock unavailability or for other reasons, the Seller shall promptly notify the Purchaser by e-mail or telephone, indicating, where possible, the new expected availability and, where appropriate, requesting confirmation of the Purchaser's continued interest in the purchase.

ARTICLE 5 – PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

To conclude the Contract, the Purchaser must follow the purchase procedure indicated on the Website, adding the desired products to the cart and completing the forms provided by the Seller.

Before sending the Order, the Purchaser will be shown a summary page containing, among other things:

* the selected products;

* the total price of the products;

* any shipping costs and/or other ancillary costs;

* the delivery details;

* the chosen payment method.

The Purchaser must carefully check that the information entered is correct before transmitting the Order.

Submission of the Order by selecting the button labelled "CONFIRM ORDER WITH OBLIGATION TO PAY" constitutes a contractual proposal by the Purchaser.

Publication of the products on the Website constitutes an invitation to treat. The Order acknowledgement sent by the Seller serves only to confirm that the Order has been received and will be subject to verification; it does not constitute acceptance of the purchase proposal.

The Seller is entitled to accept or not accept the Order. The Contract shall be deemed concluded only when the Purchaser receives the Shipping confirmation.

Should the Order be fulfilled through multiple shipments, the Purchaser may receive separate Shipping confirmations.

The Purchaser may request cancellation of the Order before receiving the Shipping confirmation, provided the Order has not already entered logistical preparation. In that case, no cost shall be charged, without prejudice to the provisions on the right of withdrawal.

The Seller also reserves the right not to accept, to cancel, or to refund an Order where, due to material errors, technical mishaps, software bugs, or other issues, the price shown on the Website is manifestly incorrect or significantly lower than the price normally applied to the product. In such a case, the Purchaser will be contacted to verify their continued interest in purchasing the product at the correct price.

For any error, typo, or issue in completing the online forms or in the purchase procedure, the Purchaser may promptly contact customer service at the following address: customer.care@frau.it.

ARTICLE 6 – PRICES, TAXES, AND ANCILLARY CHARGES

All prices shown on the Website are expressed in Euro or in Dollars and are inclusive of VAT and any other applicable taxes.

Any shipping costs, ancillary costs, any customs duties, and any other additional cost, where due, are indicated separately before the Order is sent.

For deliveries to countries outside the European Union, any customs duties, import taxes, or other charges connected with customs clearance shall remain payable by the Purchaser or the recipient, where due.

ARTICLE 7 – PAYMENTS

Payment for products purchased on the Website may be made using the payment methods expressly made available on the Website.

Unless otherwise indicated on the Website, the following payment methods are available:

* PayPal;

* credit card;

* Cash on delivery (Italy only): in the case of a cash-on-delivery purchase, payment must be made exclusively in cash upon delivery of the purchased products. Cheques will not be accepted. An additional charge of €5.00 applies for this payment method to cover collection costs, which will be communicated when the order is confirmed. Cash on delivery may only be used for purchases of an amount lower than €999.00;

* any other payment method that may be indicated on the Website at the time of purchase.

The amount due will be charged only upon shipment of the products covered by the Order.

In the case of payment by credit card or other electronic means, the transaction may be processed through the secure servers of third-party payment service providers. The Seller and/or the Operator do not store nor have access to the complete data of the payment instrument used by the Purchaser, except as strictly necessary for administrative management of the payment within the limits allowed by the systems used.

Once payment has been received, the relevant tax document will be issued in accordance with applicable procedures.

ARTICLE 8 – DELIVERY

Products will be delivered to the address indicated by the Purchaser in the Order, in accordance with the methods and within the territories indicated on the Website.

Unless otherwise indicated on the Website or in the product sheet, the Seller delivers without undue delay and, in any event, within 48/72 hours of conclusion of the Contract.

Should the Seller be unable to ship within the above timeframe, it will promptly notify the Purchaser at the contact details provided at the time of purchase.

Any delivery times indicated on the Website, where shorter, are indicative only, save as otherwise expressly provided.

For products subject to customization, special processing, specific treatments, pre-orders, or deferred availability, delivery times may be longer and will be indicated on the Website or communicated to the Purchaser.

Upon delivery, the Purchaser is required to check:

* that the number of packages delivered matches what is indicated in the transport document;

* that the packaging is intact, undamaged, not wet, and otherwise unaltered;

* that the product received matches what was ordered, including with reference to model, colour, and number/size in the case of footwear.

Any anomalies, visible damage to the packaging or product, shortages, or discrepancies must be immediately reported to the carrier and notified to the Seller without delay, and in any event within 7 days of delivery, at customer.care@frau.it.

ARTICLE 9 – RECORD-KEEPING OF THE CONTRACT

Pursuant to applicable law, every Order transmitted through the Website will be stored and archived in digital and/or paper format by the Seller and/or the Operator in accordance with appropriate confidentiality and security criteria.

For any request relating to copies of the contractual documentation, the Purchaser may contact customer service at the contact details indicated in these general sales terms and conditions.

ARTICLE 10 – RIGHT OF WITHDRAWAL

The Purchaser has the right to withdraw from the Contract, without giving any reason and without penalty, within 14 calendar days from the day on which they, or a third party designated by them other than the carrier, acquire physical possession of the products.

To exercise the right of withdrawal, the Purchaser must, within the aforesaid period, send an explicit communication to the following e-mail address: customer.care@frau.it, or use the withdrawal form that may be available on the Website.

In the event of withdrawal, the Purchaser must return the products within 14 days of the withdrawal communication to the following address:

RETURNS ADDRESS

Products must be returned:

* intact;

* complete with all their parts;

* in the original packaging, where present;

* complete with labels, tags, seals, laces, accessories, any dust bags, any additional components, and every other original item supplied;

* without signs of wear, prolonged use, abrasions, abnormal creasing, sole deterioration, odours, dirt, or other alterations incompatible with normal trial of the product.

With particular reference to footwear, the right of withdrawal presupposes that the product has been tried on with normal care and only for the time strictly necessary to verify its nature, characteristics, fit, and size, without being worn outdoors or otherwise used in a way that alters its condition.

The direct costs of returning the products are borne by the Purchaser, unless otherwise indicated on the Website.

Shipment of the returned goods, until confirmation of receipt at the indicated warehouse, is the Purchaser's responsibility.

Should the product be damaged during return transport, the Seller will notify the Purchaser to enable them to seek redress from the carrier used.

The Seller will refund all payments received from the Purchaser in respect of the products for which the right of withdrawal has been validly exercised, including any standard delivery costs applied, excluding any additional costs resulting from the choice of a delivery method other than the standard one that may have been offered.

The refund will be made within 14 days of receipt of the withdrawal communication, using the same payment method used by the Purchaser for the initial transaction, unless otherwise agreed. The Seller may, however, withhold the refund until the products have been received, or until the Purchaser has demonstrated that the products have been returned, whichever is earlier.

The right of withdrawal is excluded in the cases provided for by applicable law and, in particular, for:

* made-to-measure products;

* customised products;

* other products for which the right of withdrawal is excluded by law.

Should withdrawal not be exercised in accordance with this article, it shall not take effect and the product shall remain available to the Purchaser for return, at their own expense.

In the case of promotional gifts linked to a purchase, exercising the right of withdrawal in relation to the Order to which the gift relates also entails the obligation to return the gift, where it was granted subject to the purchase being retained.

ARTICLE 11 – LEGAL WARRANTY OF CONFORMITY

All products sold through the Website are covered by the legal warranty of conformity provided for by applicable law.

The legal warranty applies to defects of conformity existing at the time of delivery of the product and which become apparent within 2 years of delivery.

The action to assert defects of conformity is, in any event, time-barred after 26 months from delivery of the product.

In the presence of a defect of conformity, the Purchaser is entitled, within the limits and subject to the conditions provided for by law:

* to have the conformity of the product restored by repair or replacement;

* to a proportionate price reduction;

* to termination of the Contract.

Repair or replacement must be carried out at no cost to the Purchaser, within a reasonable time and without significant inconvenience to the consumer.

The Seller may refuse the requested remedy if it is impossible or disproportionately costly compared with the available alternative.

To make use of the warranty, the Purchaser must keep proof of purchase.

Requests relating to the legal warranty of conformity must be sent to the following contact details:

E-mail: customer.care@frau.it

Upon receiving the report and the related documentation, the Seller will assess the alleged non-conformity and inform the Purchaser of the operating procedures for any return of the product.

Should the product need to be returned, it must be sent in accordance with the instructions communicated by the Seller, if possible in the original packaging, complete with every accessory and available documentation.

The legal warranty does not cover damage or defects caused by improper use, use not in accordance with the product's intended purpose, negligence, incorrect maintenance, alterations, unauthorised repairs, normal wear and tear, abnormal use of the footwear, or failure to comply with any care and maintenance instructions provided with the product.

ARTICLE 12 – UNAUTHORISED PAYMENTS AND CAUSES NOT ATTRIBUTABLE TO THE SELLER

The Seller is not liable for failure to perform, or delay in performing, the Contract where this is due to disruptions attributable to force majeure, unforeseeable circumstances, unforeseeable events, strikes, transport blockages, measures adopted by the authorities, interruptions in logistics services, exceptional weather events, epidemics, or other circumstances not attributable to the Seller or the Operator.

The Seller assumes no liability for any fraudulent, unlawful, or irregular use of credit cards or other means of payment by third parties, where this is not attributable to conduct of the Seller or the Operator.

ARTICLE 13 – PRODUCT SAFETY

8.1 All products comply with the highest safety standards (pursuant to Article 5 of EU Regulation 2023/988).

Manufacturer: Calzaturificio Frau Spa, Via Torino 18/20, 37035 San Giovanni Ilarione (VR)

E-mail: sicurezzaprodotti@frau.it

ARTICLE 14 – AUTOMATIC TERMINATION

Timely payment of the price of the products purchased and of any further amounts due constitutes an essential obligation of the Contract.

Save in the case of unforeseeable circumstances or force majeure, failure to perform such obligations shall result in automatic termination of the Contract pursuant to Article 1456 of the Italian Civil Code.

ARTICLE 15 – PROCESSING OF PERSONAL DATA

The Purchaser's personal data is processed in accordance with applicable personal data protection law.

For all information relating to the processing of personal data, please refer to the privacy notice and cookie policy published on the Website.

The personal data provided by the Purchaser will be processed, among other things, in order to:

* register and manage the Order;

* perform the Contract and related communications;

* comply with legal obligations;

* manage customer service, returns, withdrawal, and after-sales activities.

ARTICLE 16 – COMPLAINTS AND CONTACTS

Any complaint or request for information may be addressed to the following contact details:

Glint S.r.l., Viale Cassala 32, 20143 Milan (MI)

Tel: +39 041 8380042

E-mail: customer.care@frau.it

ARTICLE 17 – LANGUAGE OF THE CONTRACT AND USABILITY OF THE WEBSITE

The Website and related services are available in Italian, save for any further language versions made available by the Seller.

These general sales terms and conditions are drafted in Italian. In the event of translation into another language, the Italian version shall prevail in the event of any discrepancy in interpretation.

The Website promotes products intended primarily for the domestic market, without prejudice to the possibility of accepting orders from other countries as indicated on the Website. The Seller reserves the right to limit or exclude sale and/or shipment to certain countries for legal, tax, customs, logistical, or operational reasons.

ARTICLE 18 – APPLICABLE LAW AND COMPETENT COURT

The Contract is governed by Italian law, without prejudice to the application to the consumer of any mandatory provisions of the law of the country of the consumer's habitual residence, where applicable.

For any dispute relating to the interpretation, validity, performance, or termination of the Contract, the competent court shall be that of the place of residence or domicile of the consumer, if located in Italy, or such other court as may be mandatorily provided for by applicable law for the protection of consumers.

ARTICLE 19 – OUT-OF-COURT DISPUTE RESOLUTION

The consumer is informed of the possibility of using alternative dispute resolution procedures pursuant to applicable law.

The European platform for online dispute resolution is also available at the following address:

HTTPS://EC.EUROPA.EU/CONSUMERS/ODR