Terms of service
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance agreement with the entrepreneur;
Day: calendar day;
Extended transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: any means that can be used for concluding an agreement without the consumer and entrepreneur being in the same room at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded and order placed between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.
If the agreement is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting terms the consumer may always rely on the provision most favorable to them.
If one or more provisions of these terms are at any time wholly or partially void or annulled, the agreement and remaining provisions shall remain in force, and the relevant provision shall be replaced by one that most closely reflects the intent of the original.
Situations not covered by these terms shall be assessed in accordance with the spirit of these general terms and conditions.
Uncertainties about interpretation or content of one or more provisions shall also be interpreted in accordance with the spirit of these terms.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow proper assessment by the consumer.
If images are used, they represent the products truthfully. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications and data are indicative and cannot give rise to compensation or dissolution of the agreement.
Displayed colors may differ from the actual product colors.
Each offer contains information clearly describing the rights and obligations attached to acceptance of the offer, including in particular:
The price. For deliveries into the European Union, applicable customs duties, import VAT, and other import charges will be disclosed and handled in accordance with applicable law. For deliveries within the United States, applicable sales or use tax may be added at checkout or may become due depending on the destination;
Shipping costs;
The manner in which the agreement will be concluded;
Whether the right of withdrawal applies;
The method of payment, delivery and execution;
The period for accepting the offer or the period during which the price is guaranteed;
Communication costs if different from the basic rate;
Whether the agreement is archived and how it can be consulted;
How the consumer can check and correct their details before concluding the agreement;
The languages in which the agreement may be concluded;
Applicable codes of conduct;
The minimum duration of the agreement in case of an extended transaction;
Optional: available sizes, colors, materials.
Article 4 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions.
If accepted electronically, the entrepreneur shall confirm receipt electronically without delay. Until receipt is confirmed, the consumer may dissolve the agreement.
The entrepreneur shall take appropriate technical and organizational security measures for electronic transactions.
The entrepreneur may investigate the consumer's ability to fulfill payment obligations and may refuse orders or impose special conditions if justified.
The entrepreneur shall provide the following information in writing or on a durable medium:
The business address for complaints;
Conditions and procedure for exercising the right of withdrawal;
Information on guarantees and after-sales service;
Information referred to in Article 4;
Requirements for termination of long-term agreements.
Article 5 – Right of Withdrawal (EU/EEA and UK Consumers)
This Article applies to consumers resident in the European Union, the European Economic Area, and the United Kingdom. For consumers resident in the United States, please see Article 17.
The consumer may withdraw from the agreement within 14 days without giving reasons, subject to applicable law.
The cooling-off period generally starts the day after receipt of the product.
The consumer must handle the product and packaging with care and may inspect the product as reasonably necessary to establish its nature, characteristics, and functioning.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within the applicable withdrawal period and return the product within 14 days after notifying the entrepreneur of the withdrawal, where required by applicable law.
Proof of timely return should be retained.
Nothing in this Article limits any mandatory statutory withdrawal rights.
Article 6 — Costs in Case of Withdrawal
Where permitted by applicable law, return costs are borne by the consumer if the consumer was informed of this obligation before purchase. Where the goods are faulty, incorrect, or otherwise subject to a statutory remedy, the consumer's applicable legal rights remain unaffected.
Refunds will be made within the statutory period applicable to the consumer's jurisdiction. Where permitted by law, reimbursement may be withheld until the product has been received or proof of return has been provided.
Article 7 - Exclusion of Right of Withdrawal
Any exclusion of the right of withdrawal applies only where permitted by applicable law, including to eligible categories such as:
Custom-made products;
Personalized products;
Products that cannot be returned for legal or hygiene-related reasons;
Perishable goods;
Products subject to financial market fluctuations;
Newspapers and magazines, where the applicable exception applies;
Unsealed audio/video/software, where the applicable exception applies;
Unsealed hygiene products, where the applicable exception applies.
Article 8 – The Price
Prices will not be increased during the validity period unless due to applicable tax changes or other adjustments permitted by law.
For deliveries into the European Union, import VAT, customs duties, and other charges will be handled in accordance with applicable tax and customs rules. For deliveries within the United States, state or local sales or use tax may apply depending on the destination and will be handled in accordance with applicable law.
All prices are subject to correction of genuine printing and typographical errors, subject to applicable law.
Article 9 – Conformity and Warranty
Products must comply with the agreement and applicable standards of quality and conformity.
Manufacturer guarantees do not affect statutory rights, including the statutory rights of consumers under the laws of their country of residence.
Consumers should report defects as soon as reasonably possible. Any reporting period does not limit mandatory statutory rights.
Warranty coverage does not extend to damage caused by misuse, unauthorized alterations, or normal wear and tear, to the extent permitted by applicable law.
Article 10 – Delivery and Execution
Orders will be executed within the delivery period stated at checkout or otherwise agreed with the consumer, subject to applicable law.
If delivery is delayed, the consumer may exercise any cancellation, refund, or other remedies available under applicable law.
Risk transfers upon delivery to the consumer or another person designated by the consumer, except where applicable law provides otherwise.
Article 11 – Long-Term Agreements
Consumers may terminate indefinite agreements in accordance with applicable law and any reasonable notice requirements permitted by law.
Fixed-term agreements may not be automatically renewed for a further fixed term except where permitted by applicable law.
Article 12 – Payment
Payments must be made using the payment methods and within the timeframes stated at checkout, subject to applicable law.
Incorrect payment details must be reported promptly.
Reasonable costs may be charged in case of non-payment where permitted by applicable law and disclosed as required.
Article 13 – Complaints Procedure
Complaints should be submitted as soon as reasonably possible after the issue is discovered. This request does not limit any statutory rights or deadlines.
We aim to respond to complaints within 14 days. If a complaint requires more time to investigate, we will inform the customer accordingly.
Article 14 – Governing Law and Disputes
These terms and conditions and all agreements are governed by the laws applicable to the business, subject to mandatory consumer-protection laws that apply to the consumer.
Where the consumer is resident in the European Union, the European Economic Area, or the United Kingdom, the consumer retains the benefit of any mandatory consumer-protection provisions of the law of their country of residence. Nothing in these terms removes or limits rights that cannot be waived under applicable law.
Where the consumer is resident in the United States, applicable law will govern the agreement, subject to any mandatory consumer-protection rights available under federal, state, or local law.
Article 15 – Shipping Protection
Shipping Protection is an optional paid service offered at checkout. It is a contractual service provided by Franklin Caps. It is not an insurance policy and is not underwritten by an insurer.
Where Shipping Protection has been purchased, we will provide a replacement item at no additional cost in the event that an order is lost in transit, is marked delivered but not received, or arrives damaged, subject to the conditions, exclusions, evidence requirements, and time limits set out in our Shipping Protection policy at franklin-caps.com/pages/shipping-protection, which forms part of these terms where applicable.
Coverage is limited to $250 USD per order. One claim may be made per order. Shipping Protection covers eligible goods only and does not cover the cost of the Shipping Protection service itself, subject to applicable law.
Shipping Protection is charged as a separate line item. Any restrictions on refunds of the Shipping Protection fee are subject to applicable law and the terms disclosed at purchase.
We may decline a claim where the applicable policy requirements have not been met or where there are reasonable grounds to believe that the claim is fraudulent, subject to applicable law.
Article 16 – Identity of the Entrepreneur
Company Name: Franklin Caps
Registered Business Address: 702 Park Ave #209, South Pasadena, CA 91030, United States
Customer Service Email: info@franklin-caps.com
Telephone: +1 626 403 5685
Website: https://franklin-caps.com/
Customer Service Hours: Monday to Friday, 9:00 AM to 5:00 PM. Closed on weekends and public holidays.
Please note that the registered business address is not a return address. Customers must contact us by email to obtain the correct return address before sending any items back.
Article 17 – United States Consumers: Returns and Cancellations
This Article applies to consumers resident in the United States. United States law does not generally provide a universal statutory cooling-off period for online purchases. Franklin Caps offers a voluntary return policy as described in its Returns and Refunds policy, subject to the terms disclosed at purchase and any applicable law. This voluntary policy does not limit any statutory rights that may apply.
Returns, refunds, replacements, and cancellations for United States consumers are handled in accordance with our Returns and Refunds policy, without limiting any rights available under applicable law.
Article 18 – California Residents
If you are a California resident, you may have additional rights under California law, including privacy rights regarding the personal information we collect about you. Details of how we handle personal information and how you may exercise applicable rights are set out in our Privacy Policy.
Under California Civil Code Section 1789.3, California residents are entitled to applicable consumer-protection notices. Complaints regarding our services may be directed to us at info@franklin-caps.com. If you have a concern that cannot be resolved with us directly, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.