TERMS OF USE

These Terms of Use are effective on November 9th, 2016, for Online Sale of Goods to Consumers.

This website is operated by:
Franz Collection GmbH
Ludwigstraße 67
D-90402 Nürnberg
Germany
E-mail: mail@franzcollection.de
Phone: +49-911-240300-0
Represented by its Managing Director: Francis Chen
Trade Register No. HRB 7897
Amtsgericht Nürnberg
VAT identification No. DE133565024
 

Franz Collection GmbH, its parents, and/or its subsidiaries, and/or its worldwide affiliates, and its directors, officers, employees, affiliates, agents, contractors, representatives, licensors, and service providers/third-party providers (hereinafter collectively referred to as “FRANZ”) own all rights, titles and interests in and related to the Franz Collection Online Shop or mobile apps associated with FRANZ, accessible at franzcollection.com and/or shop-eu.franzcollection.com (hereinafter collectively referred to as “FRANZ websites”) and/or own the content and applications on the FRANZ websites.

VERY IMPORTANT! Please carefully read the following terms and conditions ("Terms of Use"), Privacy Policy, and Shipping and Return Policy (hereinafter collectively referred to as “This Agreement”). You should read this Agreement carefully before browsing, using, or ordering products or services from the FRANZ websites. BY USING THE FRANZ WEBSITES, YOU SIGNIFY YOUR UNDERSTANDING AND COMPLIANCE WITH THIS AGREEMENT.

1. GENERAL PROVISIONS

1.1   The following terms and conditions ("Terms of Use") govern your access and use (including, but not limited to, browsing and/or use of any interactive features) of all portions of the FRANZ websites, also including any other FRANZ websites or web pages accessible through the FRANZ websites or other promotional websites FRANZ may host or promote including, but not limited to, third-party social networking sites. Your use of, or acquisition of any product(s) through the FRANZ websites is, therefore, subject to these legally binding Terms of Use and constitutes your agreement to be bound by and to act in accordance with This Agreement each time you enter or access the FRANZ websites. We reserve the right to change the Terms at any time. Any such changes will be posted on the FRANZ websites and you agree to be bound by such changes.

1.2   FRANZ does not sell its products to anyone under the legal age. If you are under legal age, you can only use the FRANZ websites with the consent and supervision of a parent or other legal guardian. By using the FRANZ websites to purchase items, you must reach the legal age and are authorized to use the payment method you choose to complete your purchase.

1.3  Any order(s) placed on the FRANZ websites must be made by the individual consumer or organization purchasing products other than for resale. Any distribution or resale of products purchased on the FRANZ websites is strictly prohibited.

1.4  By purchasing a product through the FRANZ websites, you represent to FRANZ that you are of sound mind and wholly authorized to make the purchase using the method of payment and any/all information attached to that method that you have thus provided. By using the FRANZ websites, you are thereby held accountable for preserving the confidentiality of your account access information for the Website and for monitoring and controlling any and all access to your computer or mobile device (your “Device”) that you use when accessing the FRANZ websites. You agree to accept accountability for all actions occurring under your account and/or all activities on your computer or Device relating to any use of the FRANZ websites or any purchase of products through the FRANZ websites. In the event the confidentiality of your account or access information is compromised in any manner, it is highly recommended that you immediately notify our Customer Service Department using the following contact details:

FRANZ Customer Service at mail@franzcollection.de

2. PERMITTED USE

2.1  You are not permitted to use this website other than for personal, non-commercial purposes. Use of any automated system or software to extract data from the FRANZ websites for commercial purposes is absolutely prohibited. FRANZ reserves the right to take any action deemed necessary; including issuing legal proceedings without prior notice, relative to any unauthorized use of this website.

2.2  By accessing and using the FRANZ websites you agree to not misuse the FRANZ websites. You will not: upload any information which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system on the FRANZ websites; disguise the origin of information transmitted through the FRANZ websites; corrupt data; use or access any information or application available via the FRANZ websites in a manner not expressly permitted by FRANZ or otherwise; use the FRANZ websites to do anything unlawful, or malicious; facilitate or encourage any violation of these Terms of Use.

3. TERMS OF ORDERING

3.1  The FRANZ websites may be used to place an order for a selection of products from FRANZ via the Internet but is limited to purchases shipped to an address to most of the EU countries, except some particular area; see Shipping & Return Policy for additional terms. We make no promises that materials on the FRANZ websites are appropriate or available for use in locations outside the European Union, and accessing the FRANZ websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access the FRANZ websites from locations outside the European Union, you do so on your own initiative and are responsible for compliance with local laws. We may need to verify any information you provide to us such as, but not limited to, your shipping address and financial information, before we can accept or process an order. Please refer to our Privacy Policy for more information.

 3.2 The delivery zone for FRANZ products ordered through the FRANZ websites is restricted; please refer to our Shipping & Return policy page. Any delivery address outside our delivery service area will be refused during the ordering procedure. FRANZ will not process any order for which a P.O. Box address is provided. If your delivery address is found outside our service area after payment, we will send you an email inquiring if you would like to change the delivery address or to refund your payment. For further information please see our Shipping and Return Policy.

3.3  FRANZ merchandise is handcrafted and hand-painted by artisans. Small irregularities in shape, surfaces, colors, and finishes are hallmarks of such craftsmanship and should not be regarded as defects.

3.4  While FRANZ makes every effort to try to ensure that the style, coloring and design of the products in the photographs shown on the FRANZ websites are representative of each original piece, disparities may arise due to technical disparities relating to color reproduction on the Device or computer that you are using to view the FRANZ websites. Accordingly, FRANZ shall not be held accountable for any error or inaccuracy in the photos or graphical depictions of products presented on FRANZ websites. If you have any questions about the products, you may contact FRANZ customer service by using the contact information provided.

3.5  For each product selected on the FRANZ websites, an automatic summary page will be displayed that will feature an image of the selected product for your reference, the quantity selected, its unit price, and the total amount owed for the product. You should confirm that this information correctly reflects your selection(s) before submitting your completed order for processing. It is your responsibility to ensure that all details including, but not limited to, product information, quantity, shipping addresses, and payment method, are correct before submitting an order. FRANZ is not liable for costs incurred due to customer errors in the ordering process.

3.6  The automatic summary displays the final details that will be transmitted to FRANZ; upon receipt, we will send you an email acknowledging the receipt of your order and detailing the products you ordered. This acknowledgment email is not an order confirmation or acceptance of your order. We will review the details of your order and send you another email to confirm this order. Your receipt of an order confirmation, either in electronic form or another form, does not constitute confirmation of our offer to sell and ship our products to you. FRANZ reserves the right, at any time after receipt of your order but prior to shipment, to accept or decline any order (in whole or in part) placed by you. Furthermore, FRANZ reserves the right, at any time after receipt of your order but prior to shipment, to supply less than the quantity of the ordered item; you may not receive prior notice of this change. FRANZ reserves the right to refuse an order or cancel an order if there is any dispute with you or an associate of yours, if given probable cause to suspect that you or one of your associates have violated these Terms of Use or are involved in any fraudulent activity, or for any other valid cause. Acceptance of an order and the completion of the order between you and FRANZ takes place when the products ordered are shipped and leave our facility; at this time, you will receive another email that confirms that your order has been shipped.

3.7  For further information about shipping, returns, or additional terms please visit the Shipping and Return Policy.

4. PRICES AND AVAILABILITY

4.1  Product offers and prices on the FRANZ websites are valid subject to availability. Please note that selected Limited Edition products are only available in a limited number of pieces per person and are subject to limited stock availability. FRANZ aims to satisfy collectors and fans by ensuring that as many people as possible can enjoy these special pieces.

4.2  FRANZ makes every effort to ensure that the prices displayed on the FRANZ websites are correct at the time you place an order. In the event that an error is discovered in the price of products you have ordered, you will be informed as soon as possible and be given an opportunity to re-order the product(s) at the correct price. FRANZ is not under any obligation to process or ship an order for any product that has been advertised at an incorrect price. If the order has been charged but not yet shipped, we will cancel the order and refund your payment, or give you the opportunity to order at the correct price. FRANZ is not liable for any damages, loss, or inconvenience you may experience due to an error or glitch in displayed prices. The display of products on FRANZ websites shall not constitute an offer to sell.

4.3  On occasion, errors or modifications may exist, explicitly in the instance of concurrent orders of the same product by more than one purchaser, and/or any other unforeseeable circumstances that affect order placement. In the event that a product is not available after your order has been placed, you will be notified by phone or email as soon as possible and will be given the opportunity to either place it on backorder, order another product available on the FRANZ websites as a replacement, or to cancel your order. If you choose to cancel your order placed using a credit card or debit card, your funds will be debited back to that method of payment. If you choose to proceed with an order for an item that is not currently in stock we will contact you as soon as it becomes available. In the event that the item is still not available within 90 days after the order has been placed, we may contact you to confirm that the order cannot be processed or that it may take longer than anticipated to deliver the item to you.

4.4  Under no conditions shall FRANZ be liable for any loss or damage in the event of any stock outage or unavailability of products.

4.5  FRANZ reserves the right to change, without prior notice and/or at any time, the products offered for sale on the FRANZ websites, including the specific details, prices, and terms relative to these products. Price changes will not be applied to any outstanding or completed orders, but will be applied to future orders.

5. PAYMENT, TAXES AND OTHER APPLICABLE FEES

 5.1  When applicable, prices displayed on the Europe portion of the FRANZ websites are shown in Euro and include Value-added tax. The prices displayed are based on such jurisdiction as inferred from your Device IP address. Prices remain subject to change without notice. When you make an order through the FRANZ websites you are responsible for shipping and handling fees, in addition to applicable taxes, as well as the cost of the product(s).

5.2  Please note that the pricing structures can differ between regions and may not exactly correlate to currency conversion. FRANZ reserves the right to update our prices as required. Subject to our discretion, various products, special offers, and services may be made available to different regions and may not be available in others.

5.3  Our prices are advertised in Euro and when we take payment for an order in Euro, we are not responsible for the exchange rate at which a bank or credit institution charges its customers, or for any additional charges that may result from this transaction. In addition, any refunds are made in Euro that the order was placed and we are not responsible for the exchange rate at which the bank or credit card charges it customers, or for any additional fees that result from such transactions.

5.4  In order to process your order, you will be required to submit financial information such as, but not limited to, your credit card number, expiration date, security code, and exact billing address. Incorrect information may cause delays in your order or cause your order to be canceled. By providing payment method information, you expressly authorize FRANZ, its agents, service providers, and processors to charge the payment method for your orders. For further information please refer to our Privacy Policy.

5.5  It is a criminal offense to use a false name or known invalid credit card number to place an order with FRANZ. Anyone caught knowingly and willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

5.6  Promotional codes, special offers, and other promotions (hereinafter referred to as “promotional offer”) can only be used online and are subject to this policy and any other terms and conditions issued with the promotional offer such as, but not limited to, one-time use or expiration date. FRANZ reserves the right to withdraw or cancel the promotional offer(s) at any time. Please note that some promotional offers may be issued to a specific individual and may be non-transferrable. Promotional offers created, copied, and distributed without our prior written approval are not valid for use and we are under no obligation to accept them; orders made with promotional offers which are not approved by us may be refused or canceled.

6. RESERVATION OF TITLE

6.1  The products ordered by you on the FRANZ websites remain the property of FRANZ until payment in full has been received by FRANZ. In the event, for any reason, payment in full is not received by FRANZ, you are required to return to FRANZ, upon request, the Products you have received from FRANZ at your expense.

6.2  While any products ordered from FRANZ are in your possession (including in-transit to FRANZ in the occurrence of a return), you accept all risk of loss relating to the products (in particular theft or damage) until such products are returned to FRANZ.

7. OWNERSHIP AND RIGHTS

7.1  FRANZ owns all copyrights for all material on the FRANZ websites. FRANZ also owns all trademarks, service marks, trade names, logos, and domain names used on or in connection with FRANZ; you may not use linking that infringes on said trademarks. You may not frame or otherwise utilize any framing techniques to enclose any portion or feature of the content or information on the FRANZ websites, without prior written consent of FRANZ.

7.2  Any modification or use of the materials from the FRANZ websites for any purpose not explicitly permitted is a violation of FRANZ’s copyright and other proprietary rights.

8. DISCLAIMER/LIMITATION ON LIABILITY

8.1  No part of the FRANZ websites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner whatsoever, with the exception of viewing purposes, without the prior written consent of FRANZ. This prohibition also includes framing any content from the FRANZ websites, as well as unauthorized linking.

8.2  Use of and browsing in the FRANZ websites is at your own risk. Neither FRANZ nor any party representing or otherwise affiliated with FRANZ in creating or presenting the FRANZ websites are liable for any direct, indirect, special, punitive, incidental, standard, or significant damages arising out of your use of the FRANZ websites. To the extent permitted by law and without limiting any of the foregoing, everything on the FRANZ websites is provided to you on an "as is" basis, without warranty, either precisely defined or indirectly implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from Device virus, or non-infringement. FRANZ does not represent or warrant that materials in the FRANZ websites are accurate, complete, reliable, current, error-free, or that any such materials available for download from the FRANZ websites are free from infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. While FRANZ attempts to ensure that your access and use of the FRANZ websites is safe, FRANZ cannot and does not represent or warrant that the FRANZ websites or its server(s) will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet customer’s requirements. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. For further details, please check your local laws.

8.3  FRANZ will not be liable, in contract, tort (including, without limitation, negligence), in equity, under statute or otherwise, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with (I) the use or inability to use FRANZ websites or the content, materials, information, transactions, products, or services provided on or through the FRANZ websites, or (II) any claim attributable to errors, omissions, or other inaccuracies in these sites or the content, materials, information, products, or services on or available through the FRANZ websites; for death or personal injury; or for any economic losses (including, without limitation, loss of revenues, data, profits, contracts, business, or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under This Agreement. FRANZ or its authorized representatives will not be liable even if FRANZ or its authorized representatives have been advised of the possibility of these damages.

8.4  The products sold on FRANZ websites are provided for private domestic and consumer use only. Accordingly, FRANZ does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the FRANZ websites or for any products or services purchased from FRANZ.

8.5  Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

8.6  Any solicited information that you submit to FRANZ by email in order to register or sign up, purchase products and/or to submit appropriate questions to the FRANZ websites are subject to our Privacy Policy. Any and all unsolicited comments, reviews, or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by FRANZ and such materials may be used in any manner that it deemed appropriate by FRANZ. For more information on this topic, please see our Privacy Policy.

8.7  FRANZ makes every effort to ensure the correctness of all information included in the FRANZ websites. However, FRANZ takes no responsibility for errors or oversights in the content of the FRANZ websites and does not guarantee the accuracy, timeliness, or completeness of information provided on the FRANZ websites. Material provided on the FRANZ websites is subject to change at any time without prior notice.

8.8  The failure on the part of FRANZ to implement any portion of these Terms of Use shall not void any section of FRANZ’s rights hereunder for previous or forthcoming actions.

8.9  Any dispute over the content or use of the FRANZ websites shall be governed by the substantive laws of Germany without giving effect of any principles of conflict of law, and the jurisdiction and venue of any such action shall be vested solely in the Nuremberg Courts of Law. The UN Convention on CISG (Contracts for the International Sale of Goods) is excluded.

8.10 You acknowledge and agree that these Terms, together with This Agreement, establish the entire binding agreement between you and FRANZ with respect to the use of the FRANZ websites.

8.11 FRANZ may update these Terms of Use and This Agreement, at any time and in its sole and absolute discretion, in which case the applicable version of said Terms of Use shall be those posted at the time you use the FRANZ websites or make a purchase through the FRANZ websites, as applicable. If this Agreement is changed, we will post the changes on the FRANZ websites (and/or may notify you in any other manner that we may reasonably select) along with the effective date of change and modified Agreement. Each time you sign on or use the FRANZ websites, you are entering into a new agreement with FRANZ under the then applicable terms and conditions. Your continued use of the FRANZ websites after notice has been posted constitutes your compliance with this Agreement and its additional terms that may affect your future use, transactions, orders, or other interactions with FRANZ. FRANZ urges you to periodically review our policies, including but not limited to, our Terms of Use, Privacy Policy, and Shipping and Return Policy, which all may be updated at any time.

8.12 You hereby agree to indemnify and hold Franz Collection GmbH, its parents, and/or subsidiaries, and/or worldwide affiliates, our directors, officers, employees, affiliates, agents, contractors, and licensors innocent with respect to any suits or claims arising out of your breach of this Agreement, including, but not limited to, any violation by you of the copyrights or intellectual property rights of any third party; or your use of the products purchased through the FRANZ websites, your violation of these Terms of Use, or violation by any other person using your account, or violation of any intellectual property or other rights of FRANZ.

Copyright © 2016 Franz Collection GmbH, All Rights Reserved