Delivery

1. Delivery of products purchased

Webshop on the territory of the Republic of Croatia, which means that such product may only be delivered on the territory of the Republic of Croatia. The Seller shall deliver a purchased product via the relevant delivery service provider to the address specified by the Buyer at the time of placing the order. Products may be delivered across the entire territory of the Republic of Croatia. The product shall be delivered within 1 to 15 days of the order confirmation date. For orders confirmed before 2 p.m., Monday to Friday, the Seller shall issue an electronic instruction to the delivery service provider (DPD) on that same day, whereas if the order is placed after that time, the instruction shall be given for the next day. After the Seller gives its instruction to DPD, the delivery shall be carried out in accordance with the general terms and conditions of the postal service provider. As a delivery location, it is also possible to select Franck Experience Store and Franck Shop for the pickup of products ordered from the Webshop.

The Seller reserves the right to divide an order into several shipments if the items ordered are stored in different warehouses or if some of the items ordered are presently not available in stock. In case of multiple deliveries of a single order, the Buyer shall not be responsible for any additional shipping costs (the delivery service for a single order shall only be paid for once, irrespective of the number of separately delivered items).

In case of a residential building, the delivery person shall carry the goods to the floor where the Buyer resides.

The relevant delivery time limits shall begin to run as of the time the order is accepted as defined in Article 4 of these General Terms and Conditions.

In case of force majeure and/or any other extraordinary situation, determined at Seller’s sole discretion and irrespective of whether or not the competent authorities proclaim a state of emergency with regard thereto, the Buyer understands that the provision of the service may be impeded or that it may be provided partially or not provided at all, at any stage of the ordering/delivery process. The Buyer acknowledges that, in such a situation, the Seller may not comply with these General Terms and Conditions and provide the service to the extent possible at the time considering its logistic abilities, service’s availability and its operating abilities, including but not limited to the right to fully or partially disable access to the Webshop, product ordering and delivery of goods ordered.

If a product cannot be delivered subject to the general terms and conditions of the postal service provider and the product is returned to the Seller, the Buyer shall be deemed to have canceled the order. In such case, the Buyer shall repay all direct costs incurred by the Seller for product delivery and return purposes and the Seller shall in such case be entitled to retain all or part of the purchase price on account of such costs. The Buyer may request from the Seller a new delivery of its order, subject to paying for any additional costs the Seller may incur in such case.

In case an ordered product cannot be delivered within a shipment having a weight in excess of 31.5 kg or length in excess of 175 cm or if the delivery is rescheduled, the Seller shall notify the Buyer by e-mail or phone of such circumstances and endeavor to arrange a new delivery date or product delivery method. In this case, the Seller shall have no liability for such delay or inability to supply/deliver.

The Seller shall charge the Buyer EUR 5 for the delivery service. For orders amounting to EUR 30 or more, such delivery service shall be free of charge. The delivery price is inclusive of product packaging.

2. Delivery to the buyer

By signing the relevant delivery document, the Buyer confirms the receipt and supply of the product and the receipt of purchase contract validity confirmation. After the shipment is received by the Buyer, it shall be deemed delivered undamaged and, after the shipment is received as described above, the Seller shall have no subsequent liability on such grounds. As of the time the Buyer signs the relevant document as defined in this Article, the risk of accidental deterioration of or damage to the product shall pass to the Buyer.

In case the Buyer orders a product and refuses to accept it for no specific reason, the Seller is entitled to be compensated for the direct costs of product return and retain on account of such costs all or part of the purchase price paid.

3. Inspection on delivery and liability for material defects 

At the time of its delivery, the Buyer should inspect the product and establish whether or not there is any visible damage on the shipment and/or the products contained therein and, in case such damage or defect is found, immediately make a complaint regarding this to the delivery person. The Buyer may refuse to accept a product with visible damage, which shall be confirmed by a written report.

If the Buyer is supplied with a product different from the product purchased by him, the Buyer shall be entitled to be supplied with the product actually ordered and, if this is impossible, the Buyer shall be entitled to a refund of the product price paid and the delivery price, if any, and shall return the erroneously delivered product. Such return must be notified by calling the customer service at 01 3710 300 or sending an e-mail to: info@shop.franck.eu. The customer service is available Monday to Friday between 8 a.m. and 4 p.m.

This shall also apply to cases where the product supplied is not consistent with the product ordered/purchased.

The Seller shall be liable for any material defects on a product sold via the Webshop in accordance with the applicable Civil Code. The Seller shall be liable for any material defects on an item existing at the time risk passes to the Buyer, irrespective of whether or not it was aware of this. The Seller shall also be liable for any material defects appearing after risk passes to the Buyer if they result from any prior cause.

The Seller shall not be liable for insignificant defects.