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FROG.MAN S.r.l., headquartered in Via Tonelli 3, 42043 - Gattatico (RE) - Italy, Tax Code and VAT Reg No IT02952770358, REA RE-327747, operating under the trademark FROG.PRO® and hereinafter referred to as FROG.PRO, is the licensee of the Website www.frogpro.eu. These general conditions of sale (Terms and Conditions) are regulated by the Consumer Code (D. Lgs. n. 206/2005), section II Distance Contracts (art. 50-67) and the rules on the electronic trade (D. Lgs. n. 70/2003). FROG.MAN S.r.l. is subject to direction and coordination by THE POND Holding S.r.l., VAT Reg No IT02952380356, REA RE-327656 (art. 2497-bis of the Italian Civil Code).
INTRODUCTION
All our sales are governed by these general terms and conditions (Terms and Conditions). The general conditions of sale, without exception, are deemed accepted in full by the Customer at the time of purchase of goods, carried out on the Website www.frogpro.eu, via email and/or in any other form and/or sales channel. The Customer is invited to print and keep in the manner preferred the general conditions of sale. In the event of changes in the conditions, the order will apply the general conditions published on the Website www.frogpro.eu at the time the order was placed by the Customer.
WEBSITE ORDERS
The products and their prices shown on the Website www.frogpro.eu constitute an offer to the public in accordance with the procedures set out in the general conditions and on the Website. The terms of this offer only apply to purchases made on the Website. The Customer has to fill with utmost care fields related to personal data. The Customer ends successfully the order process if the site does not show any error messages. The contract is concluded upon receipt of the order by FROG.PRO. In this case FROG.PRO shall acknowledge receipt of the order by sending an e-mail order confirmation to the email address supplied by the Customer. The contracts entered into purchase on the Website are concluded with FROG.PRO.
CUSTOM ORDERS
The Customer is required to send their order request in writing by email to customerservice@frogpro.it. We advise the utmost care and clarity in the description of your product. When placing the order the following data are to be provided: name and surname or company name, billing address, VAT Reg No (only for EU companies), telephone number, alternative delivery address if different from the billing address. FROG.PRO is not liable for misinterpretation due to incorrect or incomplete information about the project description. The CUSTOM orders do not enjoy the normal conditions of return according to the Consumer Code (D. Lgs. n. 206/2005), section II Distance Contracts (art. 55) as custom designs, packaged according to specific instructions from the Customer, are otherwise unsaleable. Any materials that are part of the project must be shipped to:
FROG.MAN S.r.l.
Via Tonelli 3
42043 - Gattatico (RE)
Italy
As it is impossible to quantify the value of the material supplied by the Customer shipped for processing, the material is considered to be "used" and therefore without any value. In case of processing problems, reasons of force majeure, theft, and other events that prevent the manufacturing of the material, the Customer will be paid a lump sum equal to 1 Euro per kg gross merchandise. This is based on the weight reported by the courier upon delivery. All information received from FROG.PRO by the Customer via the Website www.frogpro.eu, via email and/or in any other form and/or channel, as well as the ownership of the project and the technical solutions adopted on the product are the exclusive property of FROG.PRO, therefore we do not accept claims of any kind on the project. Order requests must be followed by confirmation of the order. The contracts entered into purchase via email are concluded with FROG.PRO.
PRICES
All prices show VAT and delivery costs are shown in the checkout page. The instability of exchange rates, increases in overhead costs and raw materials could lead to unpredictable price increases for our products, however, the price applied will be the one shown on the site at the time the order is completed, without any consideration of price changes occurring after or previously offered.
PAYMENTS
For orders from Website, the payment is required in the checkout page of the order following the procedures explained in the Website. Together with the communication of the order confirmation, the amount corresponding to the products purchased will be charged to the Customer. For CUSTOM orders the payment terms will be shown on the order. In case of processing CUSTOM orders using materials supplied by the Customer, no components already manufactured will be shipped back prior to receipt of payment.
DELIVERY
The delivery time for CUSTOM orders will be agreed at the time of the order. The delivery time of the products displayed on the Website is 30 working days maximum. However, it is our daily commitment to deliver the products ordered as soon as possible.
Delivery costs are charged with the Customer’s order and properly highlighted. While in delivery all the shipment’s risks are on the Customer, even if the shipment is free port. All shipments and deliveries are to be understood as “ex works” from our factory shown on the Website. FROG.PRO is not liable under any circumstances, as determined in accordance with the law, for any theft, loss, subtraction, damage, or loss of all or part of the goods carried since our responsibility ceases upon delivery of goods to the carrier for transportation.
Upon delivery of the products the Customer is required to verify the number of packages and check that the packaging is not damaged, wet or otherwise altered, including in the sealing materials such as adhesive tape and/or metal or plastic banding.
In the event of obvious damage to the packaging and / or product, the Customer can refuse delivery of the products, which will be returned to FROG.PRO without any charge to the Customer. Once the delivery document is signed, the Customer may not make any objection about the state of the products delivered. Any problems concerning the physical state or completeness of the products received must be reported promptly to FROG.PRO for activation of the warranty conditions.
No liability can be attributed to FROG.PRO in case of delays in shipping. In the case of non-collection of the products by the Customer within the period specified above, the order will be automatically cancelled and the products returned to FROG.PRO. In this case the transport costs will not be refunded to the Customer.
RIGHT OF WITHDRAWAL
The Customer benefits from the rights of the art. 64 of the Consumer Code, in accordance with that legislation, and therefore has the right to terminate the contract of purchase for any reason, without explanation and without penalty, in the manner set out below. The right of withdrawal is exercised by sending, within 14 (fourteen) calendar days from the date of delivery of the products, a notice via registered post written in Italian or English and addressed to:
FROG.MAN S.r.l.
Via Tonelli 3
42043 - Gattatico (RE)
Italy
The notice of return can be communicated in advance, within the same time frame, via e-mail to customerservice@frogpro.it, on condition that it is confirmed via registered post, within the following 48 hours. The notice of return must specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of return, attaching a copy of the invoice. In the event that the right of return is exercised by means of written communication, the physical return of the products must be done within 14 (fourteen) calendar days from the date of delivery, sending the products to the following address:
FROG.MAN S.r.l.
Via Tonelli 3
42043 - Gattatico (RE)
Italy
The right of return is subjected to the following conditions:
• The right applies to individual products purchased in their entirety;
• The product purchased must be returned intact inside the original packaging, complete in all its parts (including packaging and ancillary documents);
• Postage freights for returning the products are charged to the Customer;
• Custom duties and taxes for returning the products are charged to the Customer (incoterm DDP);
• The shipment is under the full responsibility of the Customer.
If the right of return has been properly exercised, FROG.PRO will refund the Customer the full amount paid, net of costs for delivery of the products, within 14 (fourteen) calendar days from receipt of the withdrawal notice, following receipt and checking of their integrity.
SIMPLIFIED RETURN PROCESS
The Customer can also decide to return the products by activating simplified return process by submitting, within 14 (fourteen) calendar days from the date of receipt of the products, the return request by filling in the online form available on the returns page of the Website: https://www.frogpro.eu/en/content/10-returns
After our Customer Service has received the return request, the Customer will receive a communication to the email address provided when completing the form containing the instructions for returning the goods according to the simplified return process together with the return authorization document.
The Customer, within 30 (thirty) calendar days from the date of receipt of the products, having received the return authorization document, must return the products to FROG.PRO according to the following conditions:
• The product purchased must be returned intact inside the original packaging, complete in all its parts (including packaging and ancillary documents);
• The products must be accompanied by the return authorization document, which the Customer must print and insert inside the package;
• Postage freights for returning the products are charged to the Customer;
• Custom duties and taxes for returning the products are charged to the Customer (incoterm DDP);
• The shipment is under the full responsibility of the Customer.
If the simplified return process has been correctly completed, depending on the Customer's choice, FROG.PRO will issue a Coupon code or issue a refund for the entire amount already paid within 30 (thirty) calendar days of receipt by FROG.PRO of the returned products.
The amount of the Coupon or refund will be reduced by the transport costs for delivery of the goods (if any) in addition to the amount of any customs clearance costs incurred by FROG.PRO following failure to comply with the shipping conditions by the Customer.
The simplified return process does not replace or void the procedure provided for by the art. 64 of the Consumer Code described in the RIGHT OF WITHDRAWAL chapter, which remains the only legally valid procedure for exercising the right of withdrawal.
WARRANTY
All products sold by FROG.PRO enjoy the legal warranties and the “FROG.PRO SHIELD” warranty, which provides FREE repair or replacement of the product for defects in materials or workmanship during its whole lifetime. The Customer is responsible for any and all shipping charges, to and from our factory, in returning the product. The warranty applies to the original purchaser and is non-transferrable. It does not cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of materials over extended time and use. Be aware that some components, due to their nature, are more subjected to wear than others and a constant maintenance will increase your product’s lifetime. Any changes or modifications made to the product voids, in any part, the warranty. The warranty is limited to products sold by FROG.PRO.
PRIVACY
Customer data is processed by FROG.PRO in accordance with the provisions of the legislation on protection of personal data, as specified in the information provided in the Privacy Policy which forms part of these terms and conditions of sale.
COMMUNICATIONS
All communication must be addressed to FROG.PRO, at the above address.
JURISDICTION
Any disputes are within the jurisdiction of Parma (PR), Italy, and its designated Court, the Tribunale di Parma.