TERMS & CONDITIONS
1. USE OF THIS WEBSITE
francinik.com is an online service platform of Francini_K (“Francini_K”, "we", "our", "us
"). By accessing this website(the “Website”) you agree to be bound by these terms and conditions as well as our Cookies Policy and our Privacy Policy (the "T&C"). Please read the T&C carefully and make sure that you understand them before using the services offered by the Website
We may amend the T&C from time to time at our sole discretion. We therefore recommend that you check their content before placing any orders. By using the Website after these amendments you agree to be bound by the T&C as amended.
This Website is only available to individuals who are eligible to register and who intend to purchase the products featured on the Website (the "Products") for their personal use ("you", the "Customer").
The contents on the Website are provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations , warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free of errors or omissions.
The images of the products on the Website are for illustrative purposes only and, although we attempt to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflects the true color of the products.
2. REGISTRATION
To be eligible to purchase the Products on the Website you must register. When you register you will be required to provide your real name, address, phone number, e-mail address and other information that may be requested. By registering you warrant that the personal information provided is true, accurate, complete and up-to-date in all respects. You can only register on the Website if you are the holder of a valid credit card.
Please make sure that the account password provided is stored safely, we do not accept any liability in case of a fraudulent use of your account.
3. FORMATION OF A CONTRACT
3.1 ORDERS
To place an order, you must be at least 18 years old.
All orders are subject to availability. Items in your shopping basket are not reserved and may be purchased by other customers.
By placing an order of a Product on the Website you are offering to buy that Product at the indicated price, subject to the T&C (the "Order").
The Order will be formally placed by clicking on the "confirm order" button at the online order process.
All new Orders are deemed separate and each is treated individually (entailing separate delivery costs, and tax or import duties if applicable).
3.2 ACKNOWLEDGEMENT OF THE ORDER
Once you have placed the Order, you will receive an e-mail from us acknowledging the details of the Order. This e-mail does not constitute the acceptance of the Order but is only a confirmation that the Order has been received by us.
3.3 ACCEPTANCE OF THE ORDER
Unless you cancel your order, our acceptance of the Order will be deemed complete and final once we have sent you an e-mail to confirm that the relevant Product(s) has/have been dispatched. The contract of sale is therefore concluded in Luxembourg.
We reserve the right not to accept the Order in the event that we are unable to obtain authorization for payment or that you do not meet the eligibility criteria set out in the T&C.
We also reserve the right not to accept the Order at our sole discretion and will not be liable to you or any third party by reason of not accepting the Order.
3.4 RETENTION OF TITLE/PASSING OF PROPERTY AND RISK
We retain the legal ownership of the Product(s) until full payment and discharge of the total purchase price.
All Orders are insured by us during their transit to you. The risk in the Product(s) will pass to you once they have been delivered to the address specified by you as delivery address.
4. PRICING/ SHIPPING COSTS/DELIVERY TIMES/IMPORT TAXES AND LOCAL CUSTOMS' DUTIES
4.1 PRICING/SHIPPING COSTS/DELIVERY TIMES
Prices shown on the Website are in Euros and are inclusive of VAT at the applicable rate.
Product prices are exclusive of all taxes and duties (see under 4.2).
Delivery in the EU is free of charge for purchases over 400 Euro. For other purchases in the EU a delivery charge of 15 Euro will be added to the price. For all other countries, a delivery charge of 35 Euro will be added to all purchases.
We do our best efforts to dispatch all orders within 5 business days. Delivery times are normally 5 to 7 business days for deliveries in the EU and 5 to 15 business days for deliveries outside the EU. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Francini_K is not responsible for any delays caused by destination customs clearance processes.
4.2 IMPORT TAXES AND LOCAL CUSTOMS' DUTIES
All Orders delivered outside the European Union (the "EU") are subject to additional charges, import fees and/or customs' duties.
Please check with your local customs office to find out which additional charges will be applied to your Order.
The Carrier takes responsibility for such charges and bills the recipient. Francini_K is unable to provide an estimation of such charges.
If you refuse to pay the additional charges the shipment will automatically be returned at our costs.
Please note that from your original purchase refund we will have to deduct any charges which have been incurred due to the refund.
If you return an item ,you will be responsible for reclaiming import duties paid directly from your local customs office.
5. PAYMENT
Payment can be made by Visa, Master Card, and any other methods which may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Francini_K. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
All credit card transactions on this site are processed using Wordline or Paypal, secured online payment gateways that encrypt your card details in a secure host environment.
Credit card data are solely stored in platforms secured by Wordline or Paypal and are not shared with Francini_K.
Francini_K is only informed if payment via a credit card has been accepted or rejected. Francini_K may not be held liable for any payments processed via Wordline or Paypal.
6. SHIPPING
Our Products are shipped by a carrier (the “Carrier”). In addition to the T&C, the terms and conditions of the Carrier will apply.
The Carrier does not deliver to APO/FPO addresses, as well as P.O.Boxes.
The Carrier aims to deliver the Product(s) within the shortest timeframe possible as indicated on their website.
Estimated delivery times are to be used as a guide only and start as of the date of dispatch.
Francini_K is not responsible for any delays caused in the delivery. In case the Product(s) is/are delivered outside the timeframe indicated on the Website, you acknowledge that you cannot cancel the sale, ask for a reduction of the Price nor that you can hold Francini_K liable for any damages suffered by you due to this delay.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including but not limited to transportation interruptions, issues in relation to the import or export of the Product(s), or strikes of our own or the Carrier’s employees.
7. DELIVERY ADDRESSES
The Product(s) may be delivered to addresses other than the billing address given by the account holder. In that case, as security precaution, we will send a copy of the invoice to the account holder's registered e-mail or home address and we will request a signature upon delivery for all Product(s) delivered.
Deliveries will be made by the carrier to the address stipulated in the Order. You must ensure that someone is present to accept delivery. The carrier will request a signature upon delivery for all Product(s) delivered.
In case the carrier is unable to deliver the Product(s), he will leave a notice indicating where you can take delivery of the Product(s) or the carrier will contact you to fix a new delivery date. The carrier will keep the Product(s) according to its internal policies. If the carrier is unable to deliver the Product(s) within the timeframe provided by the carrier's internal policy, the Product(s) shall be returned to Francini_K. In that case you will be reimbursed of the purchase price less expedition and reexpedition costs which have to be borne by you.
You undertake to provide us with an accurate delivery address. Francini_K shall not be liable for any loss or delay in the delivery of the Product(s) if such loss or delivery is due to the provision by you of an inaccurate or incomplete delivery address. In that case, expedition and re-expedition costs have to be borne by you. Lost Product(s) will not be reimbursed to the customer.
8. RETURNS
Should you not be happy with your purchase, you may return the item(s) in their original packaging provided, unused in their original condition. You can unpack them only to the extent, or use them as necessary to assess whether you want to keep the goods. Returned goods may have been fitted, but must not be used. If you send back the goods, this should be done together with the original packaging, accessories and in original condition with the tag attached.
Returns should be made within 14 days of reception, at your cost via courier or by post, at the following address:
FRANCINI_K, 15,rue N.S.Pierret, L-2335 Luxembourg
Returns that are damaged or soiled will not be accepted and will be sent back to you.
You will remain liable for damage to the Product(s) until we receive them at the registered office at the address indicated above. We therefore recommend that you insure the return delivery. Please retain proof of sending in case of dispute.
Within 14 days after reception of your returned order we will refund the full purchase price via the payment method you chose when ordering. If you paid with MasterCard or Visa, you will see the amount appear on the next monthly statement you receive from Visa or Mastercard.
8.1 HOW TO RETURN?
For returns, please fill in the withdrawal form online at https://forms.wix.com/f/7021946138362119111 . You can also print the form available at https://forms.wix.com/f/7022491459546775701 , fill it in, sign it and return it by email to info@francinik.com or by post to Francini_K, 15, rue N.S. Pierret, L-2335 Luxembourg within 14 days of receiving your order.
Please note that returns will only be authorized if they are made in compliance with this Section.
8.2 REFUNDS/STORE CREDIT
Once we have received the returned Product(s) in the state we have initially sent them, we will as soon as possible thereafter and at the latest within 14 days of the receipt of the returned Product(s) or after you have provided proof of shipment of the goods, whichever date is first, credit the Purchase price to the account used to purchase the Products(s) less any taxes and import duties.
If the refund cannot be made on the account used to purchase the Product(s), the customer shall notify us of his/he details of the account where the refund can be transferred.
Any customer can opt for a store credit instead of a refund. The store credit is valid for one year. Please notify your wish to receive a store credit at info@francinik.com
9. INTELLECTUAL PROPERTY RIGHTS
This Website as well as any text, graphics, photographs, including all image rights, trademarks, sounds, music, video or audio on this Site (the "Content") are either the exclusive property of Francini_K or Francini_K has received the express authorisation to display the Content on the Website . All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website are protected by national/European and international intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Francini_K and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. Hypertext links may be created to this Website without our prior consent to the extent the hyperlinks are made for informational purposes only.
10. PRIVACY POLICY
Francini_K takes customer privacy very seriously and we handle all customer data with great care and confidentiality.
We collect personal information in several ways when you place an order or register for a service offered by Francini_K. By registering, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es) so that we can process and fulfill your order.
Additionally, we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.
We will only process your name and/or email address in order to provide the service and respond to any complaints/queries or otherwise where required by law on in connection with any legal proceedings or dispute.
When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you email alerts for new products, special offers and events. Such alerts may include marketing information about Francini_K or selected business partners.
We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by Francini_K.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively, you can change your email preferences or opt out of all emails by logging into My Account. To opt out of direct mail service or updates, please send us an e-mail at info@francinik.com.
If for any reason you are concerned that the personal information held by us is not correct, please visit the website and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, the Customer Care department, may access your personal data from the website using your password and User ID.
11. GOVERNING LAW/JURISDICTION
The present T&C will be governed by and construed in accordance with the relevant laws of the Grand-Duchy of Luxembourg and the relevant courts of Luxembourg-City will have exclusive jurisdiction.
The EU Commission provides a platform for out-of-court online dispute resolution (the “OS-Platform”), which is used for exta-judicial resolution of disputes relating to contractual obligations resulting from online sales contracts. It can be accessed at https://ec.europa.eu/consumers/odr