Terms of service

Terms and conditions of the service

General conditions

(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

1. Premise and effectiveness of the General Conditions

These General Terms and Conditions of Sale (later, "General conditions") They have as its object the discipline of the purchase of products and services, carried out at a distance and made available, via the Internet, from the Frankbar.it website (below, the"Site") In compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (later,"Consumer code”).

The sales seller and site owner is: Las Vegas Game S.ll, Via Mongibello, 112, Table Plan 95032, pi: 04787980871, tel: +39 340 462 3861, mail: frankbardransazioni@gmail.com (hereinafter "Frank Bar”).

The consumer who accesses the site to make purchases (hereinafter "Customer") Is required, before sending the order, to carefully read these General Terms and Conditions that have been made at your disposal on the site and that will be consulted at any time by the customer also through the link contained in the confirmation email of each Order to allow reproduction and storage.

In the event that the subject that makes purchases on the site requires the issue of invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the discipline of the withdrawal pursuant to art. 7 and 8 of these General Conditions nor, more generally, the forecasts which pursuant to the same consumer code apply only to "consumers".

The contracts concluded with Frank Bar through the Site are regulated by these General Conditions in compliance with Italian legislation. The language available to conclude the contract is Italian.

1. Choose and order products

The features and price of the various products on sale on the site (hereinafter "Product" or "Products") They are shown on the page relating to each product.

For the purchase of the products the customer will have to compile and send the order form in electronic format, following the instructions contained on the site. The customer must add the product to the "cart" and, after having read the General and Policy Conditions of privacy, you will have to enter the shipping data and any billing, select the desired payment method and confirm the order.

By sending the order from the site, which has a contractual proposal value, the customer recognizes and declares to have read all the indications provided during the purchase procedure and to fully accept these General and Payment Conditions transcribed.

The contract stipulated between Frank Bar and the customer must be concluded with the acceptance of the Order by Frank Bar. This acceptance is communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions, the Order number, shipping and billing data, the list of products ordered with their essential characteristics and the total price, including delivery costs. The customer will check the confirmation email and if mistakes of errors in order will have12 hoursFrom receiving this email to contact customer service directly from the site. After this deadline will be put into progress for shipping and no more changes are accepted, without prejudice to the rights of the customer referred to in Article 7.

Once the order is received, Frank Bar will verify the availability of the articles ordered for the evasion of the order itself. In the event that one or more products are not available, shipping will be programmed for the first available date. If some products are not found in available and achievable (eg: seasonal artisanal products), Frank Bar will evaduate the order with the available products and the amount relative to the missing products will be disconnected immediately depending on the chosen payment method or replaced with products available .

The preparation of orders and the relative shipment, takes place in the following order:

1) Booking order (date and time);

2) processing times;

3) Courier delivery time.

The delivery dates indicated in the notes or in any other way by the customer, are always orientative and secondary compared to the priority order just described.

1. Product information

The information and characteristics related to the products are available on the site.

The visual representation of the products on the site, where available, normally corresponds to the photographic image with the descriptive card. It is understood that the image of the products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet is always faith.

The artisan nature of most articles on the site, provides that every article is different from any other. They can always vary color, measure, weight and more rarely the ingredients used (based on the availability of local producers or seasonality).

1. Prices and shipments

The prices of the products are inclusive of all taxes and taxes. All prices are expressed in euros.

• Shipping in Italy:

Throughout Italy the shipment is free for orders over € 49.00, the cost is € 6.00 for orders from 0 to € 39.00.

• Shipments abroad:

The cost of shipping abroad varies according to the destination, is calculated by the system automatically after entering the shipping.

1. Methods of payment and billing

5.1 Payment methods

The customer will be able to pay the price of the products and the related delivery costs by credit card, PayPal, bank transfer, AmazonPay, prepaid cards.

• Credit card

The circuits on which you can buy within the site are:

Visa / Visa Electron, Mastercard, American Express, Maestro, Apple Pay, Google Pay.

To ensure maximum security, the customer will make the payment transaction directly on the secure bank server.

The site does not store the customer's credit card number, but thanks to the protected communication system of the reference credit institution, the second expense, the customer who wants it - by selecting the appropriate option - will be able to proceed with the Purchase without entering your data again. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and customer's browser.

Additional payment methods provided by online payments managers:

• Paypal

Once the order is confirmed, the customer will be redirected to the PayPal website where you can pay with your account or using a card, even prepaid, or in any case according to the methods accepted by PayPal and in compliance with the related conditions.

• Bank transfer

Payment by bank transfer is provided only for orders of an amount exceeding € 100.00 agreed directly via customer service. It is therefore not possible to choose this method via the site.

The customer must make the transfer within 3 days from the order date for orders relating to products. The customer who has not carried out the transfer can be contacted by the Customer Service in order to clarify whether the cause of failure to be accredited both due to the customer's will not to confirm the purchase or other causes.

Data for the transfer: C / C: Bar Frank Bar.

IBAN: IT71Y0200884111000104488906

BIC / SWIFT: UNCRITM1K57

Bank: UniCredit

Causale: The customer must indicate the date and order number in the Bank transfer, available in the confirmation email (eg "Order 01/01/14 n. 100012345").

The shipment and / or delivery take place only after the date of where the transfer amount is already credited on the bank's bank of Frank Bar.

Frank Bar also assumes no responsibility for the possible fraudulent and unofficial use that can be done by third parties of payment methods such as credit cards, PayPal, or any other means of payment.

5.2 Orders billing

If the purchase is carried out by a professional (VAT number) it will be possible to request the invoice issuance by entering the billing data including tax code and / or VAT number, univoco code and PEC in the notes. In this case the invoice will be sent electronically. The professional is responsible for the correct insertion of billing data and is expressly informed that, in the event of failure to request the invoice at the order phase, it will be possible to request it later only if another form of receipt has already been issued (eg: tax scorter has already been issued ).

1. Transport and delivery

The products purchased on the site will be delivered to the address indicated by the customer during the purchase procedure in the appropriate "shipping data" field.

After confirming the order by mail, Frank Bar will handle the shipmentsecond priority(In order of date of receipt of the order) and availability. Once entrusted to the courier, Frank Bar provides to communicate thetracking codeof the package (via automatic mail) to the e-mail address provided in the registration phase and the package is usually delivered in 2/4 working days (Saturday, Sunday and holidays excluded).

After entrusting the package to the courier, Frank Bar cannot provide delivery information beyond the tracking code. Time information and delivery methods can only be provided byCourier serviceThrough your customer service providing your tracking code.

Quickly perishable foods are shipped only Monday and Tuesday or in any case away from public holidays to avoid stocks in the corrier warehouses that work only on weekdays.

In no case is it possible to guarantee day and time of delivery, even if requested by the customer.

All purchases will be delivered by express courier (hereinafter "Courier service") From Monday to Friday, excluding holidays and national parties.

All purchases with collection in pastry shop (Frank Bar headquarters) and / or delivery in the municipality of Catania and in the countries Etnei could be delivered every day, including Saturdays, Sundays and holidays.

Frank Bar is not responsible for delays of non-predictable courier or not attributable to it.

• Active delivery services in Italy:

The service includes 2 delivery attempts at the address indicated when ordering. At the Second Vacuum Delivery Attempt, the Corriere will contact the order recipient by telephone to the indicated telephone number, to agree delivery. If it is not traceable or absent, the goods will return to the warehouse.

• Active delivery services abroad:

Shipping abroad will be able to take place with different couriers depending on the destination country in order to ensure the customer the best available rate.

Shipping cost:By entering the address of the recipient the system automatically generates the shipping cost.

Some areas of the world may not be served and / or restrictions for some articles.

1. Right of withdrawal

The customer has the right to withdraw from the purchase contract, without prejudice to the exclusion cases provided for in point IV. To exercise this right, the customer must send a communication to Frank Bar within 7 days of the date of receipt of the products. This communication must be sent by registered letter a / r, addressed to:

C.A. Office Returns and Refunds

Cafe Frank Bar

Via Mongibello 112

Plan table 95032

The Customer Service of Frank Bar will once received the communication, to open a practice for the management of the return and to communicate to the customer the instructions on the return method of the products, which will take place by courier indicated by Frank Bar itself.

The right of withdrawal is governed by the following conditions:

1. The right applies to the product purchased in its entirety; Therefore if the product is composed of multiple components or parts it is not possible to exercise the withdrawal only on part of the product purchased.
2. In case of exercise of the right of withdrawal Frank Bar will reimburse the customer the full amount of the goods made, excluding shipping costs, within 14 days of the date on which the withdrawal communication was received, without prejudice to the right to Frank Bar by Suspend the payment of the reimbursement until the actual receipt of the goods. The refund will take place using the same payment method used by the customer, except that he has not expressly requested a different way. In case of transfer or payment in cash on delivery it will be the customer to provide bank details on which to obtain refund (account holder, name and address of the Bank and Iban).

III. Also in order to guarantee the gratuitousness of the refund pursuant to the following article 8, the products must be returned in the same box in which they were received.

1. In addition to the cases indicated in a premise (non-consumer customer and / or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:

- order of customized or clearly customized products;

- Order of products that risk deteriorating or expires quickly;

- Sealed product order that do not lend themselves to be returned for hygienic reasons or related to health protection or that have been opened after delivery.

1. The right of withdrawal for delays in delivery due to the courier is excluded.
2. The right of withdrawal is excluded for all deliveries of foodstuffs that take place within 60 days of order confirmation.

Pursuant to art. 59 of the Consumer Code The right of withdrawal relating to orders carried out on articles prepared by Frank Bar is excluded since they were made to order and subject to rapid deterioration.

With reference to the exclusion of the exclusion of the withdrawal listed the customer, in particular, is informed and accepts that among the products that "risk deteriorating or expires quickly"All food products come back(Excuse wines, alcohol and drinks). Therefore, for hygienic and customer protection reasons, the right of withdrawal is applicable solely for products purchased on the site that can be returned to Frank Bar and returns on the market without danger to consumer health (such as books, gadgets, Kitchen utensils, etc.).

1. Returned in case of exercise of the right of withdrawal

The customer maintains the shipping costs for the return of the products in the event of exercise of the right of withdrawal.

1. Cancellation or change shipping address of the order

The customer may request the change of shipping address of the order within 12 hours of the conclusion of the order itself; After this term the order will be put into progress and it will no longer be possible to request the cancellation or change of shipping address.

The customer must contact customer service via email to frankbardransazioni@gmail.com.

All other methods (eg: chat, social networks, other company email addresses) do not have a validity of complaint, dispute and / or reporting.

It is not possible to cancel orders from articles already preparing or already shipped.

Frank Bar reserves the right to cancel the order in case of unspedible difficulty situations, informing the customer by email, or, after agreement with the same, change day and / or delivery time.

1. Guarantee and lack of conformity

In the event of defects of conformity of products sold by Frank Bar, the customer must immediately contact customer service.

On sale of the products, the legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply. The customer is entitled to his choice and provided that the type of product allows him to restore, without expenses, of the compliance of the product by repairing or replacement, or to an adequate reduction in the price or termination of the contract.

In the event of a faulty wine or that a cap is requested to the customer to keep the bottle with at least 2/3 of the content and with its original cap and to report the alleged non-conformity to the customer service. Frank Bar will intervene as soon as possible by preparing a free retreat in order to carry out a thorough verification and propose the most suitable solution.

The customer lapses from these rights if it does not report to Frank Bar the lack of conformity within the term of 24 hours of receipt of the package.

Frank Bar is in no case responsible for unexpected uses, for bad storage and errors in the consumption / use of the articles ordered.

1. Errors and liability limitations

The information relating to the products provided through the site are constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore Frank Bar will not be responsible, except in the event of a gross dole or fault.

Frank Bar reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior communication, without prejudice to the rights of the customer pursuant to these conditions Generali and of the Consumer Code.

The customer must contact customer service by email to Reclamifrank bar@gmail.com. All other methods (eg: chat, social networks, other company email addresses) do not have a validity of complaint, dispute and / or reporting.

Except for a gross dolo or fault, every customer's right is excluded to compensation for damages or recognition of compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or things, caused by non-acceptance or evasion, even partial , of an order.

Frank Bar promotes the responsible consumption of the alcohol and excludes any responsibility for one's load, except for a grave dole or fault, in the case of purchase carried out by minors of 16 years. By purchasing any alcoholic product, declares to be of age as per art. 7 of the DL 158/2012. Frank Bar assumes no liability in the event of a purchase carried out by under 18 that has declared to have a different age.

1. Complaints

Any complaint must be forwarded toReclamifrank bar@gmail.com, or by registered letter a / r at the following address:

C.A. Office Returns and Refunds

Frank Bar

Via Mongibello, 112

Table floor 112

All other methods (eg: chat, social networks, other company email addresses) do not have a validity of complaint, dispute and / or reporting.

1. Site properties

The content and services are the property of Frank Bar by Antonino La Cava, Via Mongibello, 112, piano 95032, more: 04787980871, tel: +39 340 462 3861, mail: info@frankbar.it. The software used on the site is owned by the owner and is protected by international law laws.The site and all its contents may not be partially reproduced, distributed, sold, transferred or modified without formal written authorization.Other products, services, names of cited companies could be registered trademarks of their respective owners. Frank Bar can vary discretion, at any time also following the registration by the user the graphical interface of the site, the contents, as well as any other aspect that characterizes the functionality of the site. In such cases the owner undertakes to communicate to the User, if necessary, related instructions on how to use the new features of the site.

The site may contain links to sites not managed by the owner, provided as a simple reference and for whose contents the owner cannot be held responsible; No warranty provides and accepts any responsibility in relation to the same. In the event that the user decides to consult them, he does it at his own risk. Reproduction, modification, duplication, copying, distribution, sale or the use of the site for commercial purposes is prohibited, as well as improper use including acts made by computer piracy techniques, of any kind.
The possibility of downloading or printing a copy of the materials contained in the site for personal use and non-speculative purposes is permitted.Unauthorized use of the site and the material contained in the same constitutes a violation of the applicable laws on intellectual property. The user undertakes to preserve all the indications on the trademarks and the copyright contained on the materials downloaded or copied.The use of these materials on any other website is prohibited.

1. Warranty exclusion

The Frankbar.it website is provided "as it is" and "as is available". The owner does not provide any warranty, explicit or implied, in relation to the site, nor does it provide any guarantee that the site will be able to meet the needs of users or who will never manifest interruptions or errors or virus or bug presence. The owner, will commit himself to ensure that the site is uninterruptedly available (twenty-four) hours a day, but cannot be held responsible, in any way, if, for any reason, the site is not accessible at any time or for any period, not Being the owner responsible for any unpredictable failures and / or interruptions of services, caused by way of example and not exhaustive by: technical problems on machinery, server, router, telephone lines, telematic networks, etc. of its owners or companies selected to offer services; Causes of force majeure as accidents, fires, explosions, strikes, tightened, earthquakes, disasters, floods, riots, and other events of difficult or impossible forecast. For such situations access to the site can therefore be temporarily suspended and without notice.

1. Online resolution of consumer disputes (ADR and ODR)

ADR
According to Article 49 paragraph 1 Letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) The customer can use the Joint Conciliation Procedure. The procedure can be started if the consumer after presenting complaint to the company, within 45 days, has not received an answer or have received a response not considered satisfactory by him.
The customer who decides to make use of the joint conciliation procedure is obliged to send the application to the address: conciliation@consorziontcomm.it or fax number 02/87181126. For more information, see: http://www.consorziontcomm.it/spazio_consumatori/conciliazione-parithetica/la-conciliazione-parithetica.kl

ODR
Pursuant to art. 14 of Regulation 524/2013 The user is informed that in the event of a dispute he may present a complaint by the EDR platform of the European Union reachable at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to resolve in the extrajudicial settlement the disputes arising from sales contracts or online services.

1. Applicable law and competent hole

The sales contract between the customer and Frank Bar is concluded in Italy and regulated by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the customer is a consumer pursuant to the Consumer Code, the hole of its municipality of residence or of domicile if located in the Italian territory; In all other cases, territorial jurisdiction is exclusively that of the Forum of Catania, any other competent court excluded.

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Pursuant to Article 1341 C.C. The customer declares to have read and specifically accept the following articles of these General Conditions: 2 (choose and sort the products), 3 (Product information), 6 (Responsibility for delays in delivery), 7 (Right of withdrawal), 10 (exclusions of liability).