General Conditions
GENERAL CONDITIONS
OVERVIEW
The current http://franka.pt website (the “Website") is duly registered and is owned by Franka Lda., sociedade comercial por quotas, with registered office at Rua Silva Carvalho, no. 148, parish of Campo de Ourique, municipality of Lisbon, registered at the Commercial Registry Office under the sole registration and taxpayer number 517 653 877, with share capital of four thousand and five hundred euros.
Throughout the site, the terms “we”, “us” and “our” refer to FRANKA.
The current General Conditions of Contract and Usage (the "General Conditions") are applicable to the Website visitors and to any commercial transaction done on FRANKA on-line store, available on the Website.
The navigation on the Website, as well as the purchase of any of FRANKA products, implies the acceptance of the current General Conditions by the client (the "Client").
FRANKA reserves the right to amend these General Conditions without prior notice, being any amendments published on the current Website.
The amended General Conditions will be in force as from the moment they are published. When the Clients accesses the Website after publication, he shall be deemed to have fully accepted such amendments.
It is advisable to review all applicable terms and conditions on a regular basis in order to identify possible amendments.
FRANKA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We reserve the right to update, change or replace any part of these General Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these General Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The currency of the prices on the e-commerce is Euro. All prices include VAT.
Franka reserves the right to modify prices or discontinue products without previous notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. The pictures presented on the Website are merely illustrative. Please refer to the product information for details regarding its characteristics.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Your submission of personal information through the store is governed by our Privacy Policy.
The Client shall respect and comply with the current general conditions. They undertake, namely, to comply with the following obligations:
- It is forbidden to introduce, storage or broadcast through the Website any defamatory, obscene, injurious, xenophobic and/or any other type of content which violates the general principles of law and public order;
- Save and not disclosing the Website login password in order to prevent third parties from accessing their accounts;
- Not to use fake identities;
- Provide access to the personal data and correct addresses so that FRANKA may duly process the order.
FRANKA shall not be held responsible for an eventual delay or impossibility of order processing, namely at the moment of delivery, due to an error or insufficiency in the data communicated by the Client.
It is expressly forbidden to communicate messages or information which are insulting, deceiving, defamatory, obscene or that violate in any way the third party right to intimacy or intellectual or industrial property, as well as the disclosure of any information that may be damaging to third parties or to the Website owner.
FRANKA reserves the right to eliminate the account of the user that substantiates any one of these situations.
In order to purchase on the Website, you only have to insert in the virtual shopping car all the articles you want to buy. You can do your purchase after registering as a Client, by filling in the available on-line form, or you can do your purchase as a non-registered Client. After that, you should follow all the purchase steps so that it is successfully concluded.
The purchase request validation presumes that the Client has taken notice and accepts the current General Conditions of the Website. The data registered by FRANKA is a proof of the set of transactions made between FRANKA and the Client. It is FRANKA’s responsibility to file the electronic document where the contract is formalized and to keep it accessible.
The on-line entry of the bank card number and the final validation of the request will be a proof, in accordance with the legal provisions, and will allow the eligibility of the amounts that appear in the order slip.
As soon as your purchase is finished, you will receive an email confirming the transaction status. If the data is not correct, you may immediately request its modification or even the cancellation of the purchase.
The selling prices presented on the Website are in Euros and include VAT at the legal rate in force.
The shipping costs may, or may not, be payable by the Client, depending on the volume and/or value of the order and in accordance with the delivery rules stipulated by FRANKA, always clearly stated on the Website.
If any product, due to its specificities, has a different type of delivery method, FRANKA will provide the information related to such situation for Client knowledge.
The products prices and specifications are subject to modifications without prior notice.
In spite of FRANKA’s efforts, some products may present an incorrect price, reason by which we always check prices when processing the orders.
If the price presented is incorrect and is clearly derisory, regardless of its cause (computer bug, manual error, technical error, etc.), the order will be annulled, even if it has already been confirmed and the Client duly noticed.
In case of unavailability of product and/or stock-out, the Client will be informed of the partial or total cancellation of the order, having the right to the refund of the amount paid.
FRANKA respects the orders delivery times as long as there is no irregularity with the available stock.
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
In the event of finding links in any other sites that allow you to have access to http://franka.pt, please note that we do not hold any responsibility regarding the origin of the page or the contents it includes.
Certain content and products available on our website may include materials from other parties. We are not responsible for the content of third-party materials. Any complaints, concerns or questions regarding third party materials should be directed to them.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS ON THE WEBSITEAll elements of the Website, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of FRANKA.
The Website use does not grant the Client any intellectual property right on the contents accessed. It is not allowed to use any content of the Website, except if authorized by the owner or in circumstances permitted by law.
The current General Conditions do not grant the right to use any of the brands or logos used on our Website, unless there is any exception mentioned by FRANKA in the current General Conditions.
All products sold at FRANKA are in accordance with the Portuguese legislation and are described and presented on the Website with as much accuracy as possible. If, in spite of all our precautions, there are errors on the Website, FRANKA shall not be held responsible for that fact.
Except in case of warranty or a specific period of time, any operation performed between FRANKA and its Clients which is not challenged within 6 months, shall not be subject to any claim.
FRANKA shall not be held responsible for any delays or non-compliance with the contract due to force majeure, namely and among others, disturbance, total or partial strike, postal services and means of transport or communication, flood, fire or war. FRANKA shall not be held responsible for any indirect damage, operating loss, benefit loss, opportunity loss or fee that may arise from the purchase of any product presented on the Website.
For all the stages of access to the Website, from the ordering process to the delivery or subsequent services, FRANKA only has an obligation of means. FRANKA excludes all warranty and any liability regarding the inconveniences or losses due to the usage of Internet, especially, a service rupture, an exterior intrusion or the existence of computer viruses, or any case of force majeure.
FRANKA declines all liability in case of violation of law of the country where the order is delivered.
It is the Client's responsibility to check with the local authorities the importing and usage conditions for the products intended to be ordered.
FRANKA shall not hold any responsibility for the losses caused by interferences, interruptions, computer viruses, malfunction or operating system disconnections that may temporarily prevent the access, navigation or provision of services to the Clients.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the General Conditions, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The computer records, maintained in FRANKA’s information systems in safety conditions, are deemed to constitute evidence of the communications, orders and payments produced between both parties.
The current General Conditions of Sale constitute the entire agreement without reservations between the parties.
Any legal, regulatory or sentenced modification that might occur and that implies the invalidity or questions the validity or feasibility of any of the sections of the current General Conditions will only be applicable in future situations or in the present case, whether it is one or another and may not, in any case, affect the validity of the transactions already performed.
These General Conditions shall be governed in all respects, including their construction, by the laws of Portugal.
In case of consumer dispute, according to the provisions set forth by the Law No. 144/2015, of September 8, the consumer may resort to the competent alternative consumer dispute resolution entity.
Without prejudice to the provisions set forth in the legislation, statutes and regulations that the alternative consumer dispute resolution entities are bound, the consumer can opt between the European Alternative Dispute Resolution Platform available online at https://webgate.ec.europa.eu/odr, or the alternative consumer dispute resolution entity of his permanent address.
If there are no alternative dispute resolution entities in accordance with the provisions set forth in the preceding paragraph or if the existent ones are not considered relevant in view of the dispute value, the consumer may use the National Centre for Information and Consumer Disputes Arbitration, located in Lisbon, with the e-mail address cniacc@unl.pt and available at www.arbitragemdeconsumo.com.
NOTE: in case of any dispute, the Portuguese version of this document will prevail.