GENERAL CONDITIONS OF SALE
- GENERAL INFORMATION
The ownership of this website, www.franklynboutique.com, (hereinafter Website) is held by: Francisco Sánchez garcia, with NIF: 34265176Y, and whose contact details are: Francisco Sánchez garcia, with NIF: 34265176Y, and whose contact details are: Francisco Sánchez garcia, with NIF: 34265176Y, and whose contact details are:
Carretera nacional230km 23,300 25126 Almenar
Contact telephone number: 652341636
Contact e-mail: In**@fr**************.com
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.franklynboutique.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Franklyn carries out through the Website includes:
sales of sports clothing and accessories
In addition to reading the present Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and Franklyn's privacy and data protection policy. By using this Web Site or by making and/or requesting the purchase of a product and/or service through this Web Site, the User agrees to be bound by these Terms and Conditions and all of the above, so if you do not agree with all of the above, you should not use this Web Site.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
- THE USER
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
Use this Website only to make legally valid enquiries and purchases or acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User will be able to formalize, at his choice, with Franklyn the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
- PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They should follow the online purchase and/or acquisition procedure of www.franklynboutique.com, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on "buy".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.
Subsequently, the User will receive an e-mail confirming that Franklyn has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed, by mail
email when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Franklyn using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
In addition, the User may consult the full Particular Conditions of Sale governing this Website at the following link: ________
All purchase orders received by Franklyn through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or products not being in stock, Franklyn undertakes to contact the User and refund any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
- PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, and bank transfer.
Franklyn uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorisations by the issuing bank. If the issuing bank does not authorise payment, Franklyn will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Franklyn receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, location specified.
If the means of payment is Paypal the charge will be made at the moment that Franklyn sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on "buy" the User confirms that the payment method used is his own.
Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Franklyn for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this method of payment, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the reference of the transfer. In case of error, Franklyn will not be able to validate the order, which will be cancelled.
In those cases in which physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union.
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which was attributable, Franklyn could not meet the delivery date, will contact the user to inform him of this circumstance and he may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Franklyn to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Franklyn, Franklyn will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, with the exception of the additional expenses resulting from the
the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the user from the time of delivery. The user acquires ownership of the products when Franklyn receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Franklyn.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these may be borne by the User.
- TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering the necessary data to process his/her purchase request on the Website, he/she may modify them by contacting Franklyn through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on "buy", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Franklyn Website or in the case of goods making up the User's order being delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of conclusion of the contract.
In order to exercise this right of withdrawal, the User must notify Franklyn of his or her decision. It will be able to do it, in his case, across the spaces of contact
enabled on the Website or through:
carretera Nacional 230 km 23,300 25126 Almenar Lleida
The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Franklyn makes available as an annexed part of these Conditions, however, its use is not obligatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, Franklyn will reimburse to the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Franklyn is informed of the User's decision to withdraw.
Franklyn will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, Franklyn may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, whichever condition is met first.
The User may return or send the products to Franklyn at:
National Road 230 km 23,300
It shall do so without undue delay and in any event not later than 14 calendar days from the date on which Franklyn was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, such as
and as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by Franklyn, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
You can download the model withdrawal form at the following link: ________
Return of defective products or delivery error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact Franklyn immediately and inform him/her of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Franklyn, therefore, responding for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Franklyn and possess the qualities presented in the same; they are suitable for the uses to which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
- DISCLAIMER OF LIABILITY
Except as otherwise provided by law, Franklyn will not accept any
liability for the following losses, irrespective of their origin:
any losses which were not attributable to any breach by it;
business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Franklyn also limits its liability in the following cases:
Franklyn applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
Franklyn will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Franklyn shall not be liable for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, loss or theft of the product.
Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. Franklyn puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless is exempted from liability for causes that are not attributable to him, fortuitous event or force majeure.
Franklyn will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Franklyn will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Franklyn shall not be liable for any failure or delay in the performance of any of the obligations undertaken, where the
The same is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, force majeure:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended for the period during which the force majeure continues, and Franklyn will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. Franklyn shall use all reasonable endeavours to find a solution to enable it to fulfil its obligations despite the force majeure.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User agrees that most communications with Franklyn will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Franklyn sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.
The User may send notifications and/or communicate with Franklyn through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Franklyn may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Franklyn of any specific legal right or remedy or Franklyn's failure to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of any contract or the Terms, or relieve the User from compliance with its obligations.
No waiver by Franklyn of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision of a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
- FULL AGREEMENT
These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between the User and Franklyn in relation to the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties.
The User and Franklyn acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly mentioned in these Conditions.
- DATA PROTECTION
- APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Web Site, or the interpretation and execution of these Conditions, or the sales contracts between Franklyn and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS
The User may send Franklyn his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Franklyn has official complaint forms available to consumers and users, which they can request from Franklyn at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Franklyn and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.
Last modified: 18 January 2022