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FRANATO TERMS & CONDITIONS

Effective as of OCT 2021

1. GENERAL

The following terms and conditions (the “Terms”) apply to all orders placed by the client (hereinafter referred to as “you” or “users”) with FRANATO (hereinafter referred to as “FRANATO”, "us" or “we”), at the FRANATO website (https://www.franatoshapewear.com), the FRANATO mobile applications, via telephone and/or any other websites or applications that direct the user to these Terms (jointly, the “Site”).

 

Please note that by using the Site you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should stop using the Site immediately. Please make sure you have read and understood the Terms before placing your order. These Terms apply to all visitors, users, and others who access or use the Site.

 

In order to be able to use the Site, you must be at least 18 years old or have the consent of your parents or guardians to use the Site. The Site is not intended for users who do not meet these requirements. Therefore, you hereby state that you are at least the minimum age required or that you have such parental or guardian consent and that you have read, understood, and agreed to comply with these Terms. If this is not the case, you may not use the Site.

 

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on the Site. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the Site after we post amendments to the Terms, that will imply an agreement by you to such changes. If you do not agree to, or cannot comply with the Terms as modified, you must stop using the Site immediately.

 

You agree that FRANATO may send (although not obliged to), electronic communications to you in order to advise you of any change to the Site, about any of FRANATO's products or services, or for any other purpose that FRANATO considers appropriate (please read the opt-out section in the Privacy Policy below).

 

You agree not to act in a manner or employ any device that may restrict other users from using the Site, or which may negatively affect the security of the Site. You should not use any device to copy content from the Site. FRANATO reserves the right to deny access to the Site to any user who breaches these provisions or any other provision in these Terms.

2. COMPLETING ORDERS AND EXECUTION OF A CONTRACT

By placing and completing an order, you are offering to purchase a product subject to these Terms. Please be aware that all orders are subject to availability and confirmation of payment. FRANATO reserves the right to refuse any order made by you.

 

When completing an order, you are stating the following:

(I) that all the information you provide to us is true and accurate;

(II) that you are at least the minimum age required by these Terms or that you have the parental consent required;

(III) that you are an authorized user of the credit card or of the PayPal account used to place your order;

(IV) that there are sufficient funds to cover the cost of the products ordered.

 

Once FRANATO receives your order, we will check there are sufficient funds to complete the transaction. Your card or PayPal account will be charged once the order has been accepted. Once this check is completed, we will send you an email of acceptance of the order to confirm that we have accepted your order and that therefore your products will be shipped. If for any reason we do not or cannot accept an order completed by you, we will notify you by email and there will be no liability on the side of FRANATO.

Please note that no product will be shipped until payment has been made in full.

 

Please check the details of emails received very carefully. In case you detect any errors or inconsistencies you must contact FRANATO’s Customer Services by email at franato_service@hotmail.com

3. DELIVERY AND SHIPPING INFORMATION

FRANATO will make its corresponding efforts to deliver your order to the shipping address within the period indicated (only if such address is within the limits of delivery of FRANATO).

 

Please be aware that we are unable to change the delivery address once the order has been placed. Please note that any changes you make after placing an order will not take effect immediately and will not apply to orders already completed.

 

FRANATO endeavors to ship orders within the estimated time frame. However, the delivery may take longer due to unexpected events or delays resulting from postal issues or force majeure events, or due to any other reasonable situations, foreseeable or not. FRANATO will not be liable in these cases. In the event that your delivery date is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date, in such cases FRANATO shall not be liable for late delivery.

 

If your order does not arrive by the delivery date, please contact FRANATO Customer Service by email at franato_service@hotmail.com

 

Please refer to the SHIPPING POLICY for shipping fees depending on the destination and shipping method.

4. PRODUCT DESCRIPTION, POTENTIAL ERRORS, AND INACCURACIES

There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions or availability. In all cases, errors are absolutely unintentional and FRANATO will not be liable for them.

 

Please note that regarding the colors of our products, FRANATO has made reasonable efforts to show the colors of our products at the Site, as they are in reality. However, as the colors you see will depend on the monitor of your computer and settings, we are not able to ensure that your monitor's display of any color will be accurate and some colors may differ. Regarding sizes, item’s measurements given on the Site are only approximate values to give you a better understanding of the model or fit of that specific product but they are not a guarantee of the actual measurements of the products ordered and received by you.

 

We make no representation regarding the completeness or accuracy of any information we post on the Site. In this regard, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you.

 

We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or omissions, including, without limitation, errors or outdated information regarding prices, shipping and payment conditions, or return and exchange policies. In case we refuse to fill an order placed by you, if your card or your PayPal account has already been charged for the purchase and your order is canceled, we will refund the applicable amount using the same method you used to make the payment.

 

The risk of loss and title for all products purchased by you and shipped by us will be transferred to you once we deliver the products ordered to the shipping address.

5. RETURNS AND EXCHANGES

If you are not satisfied with your FRANATO purchase, you may return it or exchange it within a 30-day period from the day of order. Once the 30 days period is over, we assume that you are satisfied with your products.

 

Please refer to our return instructions below:

1) Returns will be subject to a $5 return shipping fee, which will be deducted from your refund. 

2) Outbound shipping fees from the original order are not refundable. 

3) All products must be returned in the same condition they were when they were received by you. This means the products cannot be damaged nor stained, washed, worn (other than to carefully try them on) or altered in any way and that any labels or tags must not have been removed. 

4) Once your return is received and inspected, we will notify you if your return is accepted or declined.

5) If your return is accepted, your refund will be processed and applied to the original method of payment.

Note that refunds can take up to 7-10 business days to appear on your bank account due to varying processing times of financial organizations.

If you decide to return the products to us for a refund or exchange in accordance with our returns & exchanges procedure, risk will remain with you until you have delivered the returned products to us, following the corresponding procedure for these purposes.

Please see the RETURN POLICY for details

 

Damages and issues

Please inspect your order upon reception and contact us by email at franato_service@hotmail.com immediately if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and make it right.


Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

6. PRODUCT AVAILABILITY

FRANATO products displayed at the Site may be offered in limited quantities, this means that once an item is sold out, it is possible for it not to be offered again by FRANATO and therefore it may not appear on the Site again. FRANATO undertakes no obligation to restock such sold-out items. When a product that appears on our Site is no longer in stock, we will make every attempt to remove that product from the Site in a timely manner. However, there may be some days of delay in the removal of a product that is no anymore available. FRANATO will not be liable in any way for such delays.

 

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, we will give you an estimated date of when the product is expected to be back in stock. Alternatively, you will have the right to cancel your order and receive a refund from us in case your credit card or your PayPal account has already been charged.

7. PRICING AND PAYMENT INFORMATION

All prices listed on the Site are listed in US Dollars and exclude shipping fees which are added to the total cost of the order during the order process, but before you click on the "Complete order" button. Please see the SHIPPING POLICY applicable shipping fees and shipping method.

 

Please note that orders being shipped may be subject to import duties and taxes. You will be liable for all import duties and taxes due at the point of, or after delivery. FRANATO does not have any control over these fees. Please contact your local customs office for further information.

 

You can pay for your products with accepted credit cards or through PayPal. However, FRANATO reserves the right to amend or stop offering any of the payments method currently used.

 

Regarding the billing information, you provide FRANATO and its third-party payment processors with express authorization to charge the amounts indicated on your order. Failure to provide accurate billing information or falsifying the billing information may result in termination of your order and termination of your right to use the Site. FRANATO reserves the right to update your information from available third-party sources. The terms of your payment method may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen payment method. If FRANATO does not receive payment from your payment provider, you agree to pay all amounts due on your account upon demand. Otherwise, we reserve the right to delay delivery of the items until payment or to cancel your order.

 

You are responsible and liable for any costs, expenses, and fees that FRANATO may incur in order to collect balances due. This provision does not limit any other remedies available to FRANATO. In case you need help regarding billing issues, please email us at franato_service@hotmail.com

8. PRIVACY POLICY

FRANATO provides this Privacy Policy to help you make an informed decision about whether to use or continue to use the Site or not, and to inform you regarding the information we will collect from you related to the use of the Site. Each time that you access or use the Site, you are agreeing to this Privacy Policy. By using the Site, you acknowledge that you have read and understood our Privacy Policy. Otherwise, you should stop using the Site immediately.

 

We are committed to protect and respect the privacy of your personal data. In order to do so, we undertake to comply with the terms of our Privacy Policy, which is provided on the Site.

 

(I) Personal information that we collect about you

 

We do not currently require our users to register in order to access the Site, but we reserve the right to do so in the future. In case we implement a registration process we undertake to comply with any privacy legislation applicable regarding the use of your personal information.

 

We may collect the following personal information that you voluntarily provide to us when you purchase at the Site:

Name

E-mail address

Phone number

Shipping address

Billing address (in case it differs from Shipping address)

Payment method information (Credit card or PayPal information)

Purchases or browsing history

Also when you access the Site, we automatically collect your computer or device’s internet protocol (IP) address and other technical information about your computer or device, such as your browser type and version, time zone information, and operating system and platform. We also use cookies on the Site.

 

(II) Use we give to the personal information collected

 

We may use your personal information for the following purposes:

 

① To manage your access to the Site, verify your identity, provide our products to you, manage your online purchase at the Site by processing your orders and returns through our online services, manage your payments, and address complaints and any other matter regarding the products ordered;

②To understand and respond to your questions or comments;

③To monitor and maintain the performance of the Site, analyze trends, use, and activities regarding our online services;

④To send you notices related to your orders. These may include order confirmations, invoices, or customer service notifications. We may also send you other types of communications such as example emails or text messages/SMS/MMS communicating that the Site is temporarily out of service or that the shipping of a product is delayed or there are policy changes or updates, etc.

 

(III) Amending or updating personal information

 

You may request to access, correct, update or delete your personal information, by sending an email to franato_service@hotmail.com with the necessary information for us to process your request. We will respond to your request as soon as possible.

 

(IV) Others

 

Security and Retention

 

We take reasonable steps to help protect personal information from any loss or un proper use. However, no Internet or e-mail transmission is completely secure. Therefore, e-mails sent to or from any website may not be safe, and therefore you should be extremely careful when deciding what information you send to us via e-mail or through the internet. FRANATO will not be liable for any security issue the user may suffer due to the use of our Site.

 

(IV) Cookies

 

We use cookies to distinguish you from other users of our website and to keep track of your visits. Cookies allow us to provide you with the best experience when you browse our website and to make improvements. They also help us and our advertising networks, to make advertising relevant to you and your interests.

 

If you continue using the Site, we are assuming that you agree to the use of such cookies.

9. INTELLECTUAL PROPERTY

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks, and copyrights at the Site are the exclusive property of FRANATO and its subsidiaries or licensors, or of the third party which has granted a license to FRANATO for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of FRANATO.

 

Consequently, none of the content of the Site may be copied, reproduced, or shared in any form or used by any means, without the prior written authorization of FRANATO or the corresponding licensor.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(1) Disclaimer of Warranties

 

This Site and all FRANATO content, information, products, and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” and on an “as available” basis. Therefore, to the extent permitted by law, FRANATO disclaims any and all warranties of any kind, whether express or implied, as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the content of the Site, including (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. FRANATO does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and the company does not warrant that any of those issues will be corrected.

 

No advice or information, whether oral or written, obtained by you from FRANATO or any materials or content available through the Site will create any warranty regarding FRANATO, products, or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site, the products, or their packaging. You understand and agree that you use any portion of the services and products at your own discretion and risk and that we are not responsible for any damage to you or your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions, and disclaimers in these Terms apply to the fullest extent permitted by law. company does not disclaim any warranty or other right that FRANATO is prohibited from disclaiming under applicable law.

 

By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that FRANATO will not be liable for any damages of any kind related to your use of this Site.

 

You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.

 

To the extent that this Site contains links to outside services and resources, FRANATO hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

 

(2) Limitation of Liabilities

 

To the full extent permissible by law, in no event FRANATO, or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including the purchasing of products), including, but not limited to direct, indirect, incidental, punitive, and consequential damages, or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to FRANATO’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.

 

In case FRANATO breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill, but we will not be responsible for any loss or damage that is not foreseeable. In no event, whether as a result of a breach of contract, warranty, condition, tort, strict liability, statute, or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages. In all cases, FRANATO’s liability would be limited to the total price of your order as is stated below.

 

You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless FRANATO, including its officers, directors, employees, agents, and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release FRANATO, including its officers, directors, employees, agents, and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance with these Terms.

 

FRANATO will not be responsible for any material or manufacturing faults in products that we have supplied, or in the packaging of such products, including damage incurred in transit, but only for breaches in its capacity as the seller of the products. Please note that FRANATO is not the manufacturer of the products, and any liability related to manufacturing, including damages that may be caused by the products, shall be the exclusive responsibility of the manufacturer. FRANATO shall also not be liable for any damages caused by the packaging of the products.

 

In all cases, without prejudice to the limitations included above, FRANATO’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with FRANATO must be filed within one year from the date such claim arose. Otherwise, your claim shall be permanently barred.


Governing Law:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain

Company Name:ICEBOX NETWORK SL

Company Address:C/Resurreccion 3, Bajo, Madrid

11. Governing Law:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain

Company Name:ICEBOX NETWORK SL

Company Address:C/Resurreccion 3, Bajo, Madrid

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