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SELLING TERMS AND GENERAL CONDITIONS
We invite you to read carefully this document as when we will be ready to send your orders you will have to declare your acknowledgement and acceptation.
The following selling conditions settle the offer and the sell of our products our website www.occhialando.it
The online order defines the acceptation of the terms and conditions reported here. It also establishes a contract between the purchaser and Occhialando.it. The purchaser must have more than 18 years old. All the purchasing products are listed in the online catalogue of Occhialando.it.
Occhialando.it can change the general conditions without notifications. These changes will become effective from the day they will be published on the website. General conditions in force at the moment of the selling contract conclusion will be applied to the selling orders submitted to Occhialando.it. This will happen if the already mentioned possible changes will not have been published yet.
All the purchases from Occhialando.it are regulated by the Legislative Decree n°185 of 22 May 1999 which is about purchasers protection when it comes to distance selling.
This is however not expressively expected by the selling condition of the already mentioned Legislative Decree.
FEATURES OF THE ONLINE PRODUCT
The features of the products are mentioned in the online catalogue and are visible during the choice and the order completion before the redirecting process.
On the online catalogue, prices(IVA and all the other taxes imposed on Italy)are placed next to the product, but shipping charges are not included.
Occhialando.it does not have to answer for different colours or styles of packaging if these changes have been made by their production companies.
The pictures on our site generally correspond to real appearance of the objects. They are meant to present our products to the purchasers without any guarantee or commitment explicit or implicit by Occhialando.it in the matter of the exact equivalence between the picture and the real product. This applies especially to our the size, lens, coloured features and frames of our products.
Our selection of products and services Occhialando.it refers not only to direct consumers, but also to other users. Direct consumers are people who buy our products for purposes unrelated with company or professional activities. For more information see the Legislative Decree n°206 of 6 september 2005.
In terms of our current General Conditions, a person who specifies during the purchase of a product or a service his belonging to the “Company, corporation, freelancer owning a VAT ID” category is not considered a consumer.
If the “Company” category is not indicated, the arrangements which refer to the General and Specific Condition are applied indiscriminately to all the purchasing users. These are as a consequence considered consumers.
Companies have right and guarantees that are different from the ones for consumers.
PRICE OF OUR PRODUCTS
The prices published on our homepage or on the different sections of our website include VAT. However they do not include taxes or duties which can be applied in the country of destination if it is not Italy. These costs are different from country to country and are to be borne by the costumer. He has the obligation of examine the total amount by the corresponding customs authorities.
Shipping costs are added to the price of the Products purchased. The amount of shipping costs can be different taking account of delivery and payment modalities and obviously of the country of destination. The total amount for the purchased Products will clearly be communicated to the client before the Sales Contract conclusion.
The prices on the Site can be subjects to possible changes or modifications from Occhialando.it without any advanced notification obligation to the Client.
A price increase can depend on a decision made by the providers of Occhialando.it
The effective prices during the order acceptance are applied to the Sales Contracts closed before any of the previously mentioned modifications.
CONCLUSION OF THE CONTRACT
By the time the order is send by the Purchaser to Occhialando.it, the contract of the General Terms of Purchasing will be considered approved and binding.
Occhialando.it can eventually reject the order to the FINAL CLIENT. Occhialando.it also reserves the right to cancel any order in case of errors associated with the Client’s order or information obtained through the site www.Occhialando.it.
Some examples: the price is not right, the email does not exist etc.
After the order has been received, Occhialando.it will send a confirmation email to the client. This contains the order details and all the information related to the purchase(the requested products and their prices along with personal data and delivery addresses of the client)
The client himself will make a commitment to accurately confirm his personal data and promptly communicate every kind of changes. Receiving the email will confirm the acknowledgement and the acceptation by the client of the General and Particular Conditions.
After receiving the order acceptation by Occhialando.it, we will send the chosen products and the shipment will be communicated to the client by email. For every single sales contract made through the website Occhialando.it will release a proper accounting document provided for by law and related to the products e/o services purchased. These documents will be added to the package with the products. Any type of change will not be possible after the emission of the document. Furthermore, Emitting this document will not be possible if the client does not state his VAT or his European taxation code.
PRODUCTS AND ORDERS DELIVERY
The total times of delivery are reported on our website. This is done in order to make the products previously ordinated by the client become part of Occhialando.it selection of products. So clients must consider the delivery times indicated on the site. The periods of availability and delivery can be changed compared with the information reported on the website. This can be caused not only by an unexpected sell out of a product, but also by uncontrollable providers.
Occhialando.it does not guarantee the full respect of the delivery times given on the site or in the order and it is not responsible for eventual delays.
In case of a possible unavailability, even temporary, of one or more products, Occhialando.it will inform the purchaser about the products that are out of stock. At this point the purchaser can either ask for different products for replace the missing ones or have his money back. If the waiting time for the delivery of the new products will be considered too long by the costumer or if the costumer can’t find other products for the replacement, Occhialando.it will send the related money back to the costumer. Furthermore, Occhialando.it will make a serious commitment to return the money in not more than 30 calendar days.
In case of a possible price mistake, Occhialando.it will inform the purchaser about the price update. After being informed, the purchaser will decide what to do between eliminate the order and have the money back and proceed to buy his products.
In case of a possible order mistake and if there is also another order for a different product, if the first product has already been payed, then the price of the second product will be accordingly changed.
If the delivery times of a product suffers delays compared to what is given on the website, Occhialando.it will send an appropriate communication to the client
via email as soon as the problem will be known. This will be done within 30 days from the order delivery.
Occhialando.it does not have any responsibility, at any title, in case of delays of the order evasion or delays of the product delivery.
Occhialando.it encourage the client to periodically control the order condition in the “My Account” section. If there are delays with the products that concern locating and shipping please contact the Costumer service department.
All the shippings will be at risk of Occhialando.it. The risk will be transferred to the client after the products delivery.
For every single sales contract made through the website Occhialando.it will release a proper accounting document provided for by law and related to the products e/o services purchased. These documents will be added to the package with the products. Any type of change will not be possible after the emission of the document. Furthermore, Emitting this document will not be possible if the client does not state his VAT or his European taxation code.
In order to complete effectively the delivery of the products, the presence of the client or of another individual in charge is always requested. If nobody is available at the time and in the place of the delivery, the courier will leave a notice of a further delivery for the following working day.
The order execution will be pending at a one of the courier subsidiary and if it is not be possible to deliver the products, it will be sent back to the Occhialando.it storehouses after 5 days.
Occhialando.it does not assume any responsibility for cases of force majeure(accidents, explosions, earthquakes, floods)that could cause delays or directly the suspension of the order.
In cases of force majeur, unavailability of means of transport or unpredictable events Occhialando.it wishes to reserve the right to break down the sales contract. Occhialando.it will divide, send again or cancel the expected delivery if the already mentioned unexpectable events cause a further cost increase for Occhialando.it. In a case like this, Occhialando.it will make a commitment to communicate eventual changes immediately to the client by mail. Afterwards the client will own the right to eventually have his money back, but possible demands or compensations will not be included by Occhialando.it.
For deliveries in uncomfortable places or in areas that are difficult to reach for the express courier there will be changes in the delivery costs. These changes will be clearly communicated to the client .
We use SDA express courier both in Italy and in Europe.
SHIPMENTS IN ITALY:
We offer free delivery service in Italy for orders which have a total amount higher than 96€ and do not weight more than 3 kg. If the total amount is not higher than 96€, than the shipping cost will be 6€ (VAT and other taxes are all included, except for possible promotions of the shipment).
For shipments in uncomfortable places a total of 5€ will be added to the sum.
For smaller island and free zones a total of 10€ will be added to the sum.
We do not ship to supermarkets.
For further information about customized shipments, delivery conditions or just for give an advice you can write to firstname.lastname@example.org.
The receipt will be added in the package along with the order bill, if requested. The bill reports all the details about purchased products, shipments costs and taxes(these will change from country to country, except for Italy)
We also supplies companies, corporations etc. with our products.
Occhialando.it is not responsible for fraudulent or illegal uses by other people of credit cards and other payment methods during the payment on www.Occhialando.it
Occhialando.it accepts three different re-credit methods and the method must be the same as the original payment method.
Re-credit will be done within 30 days since the purchaser request.
Occhialando.it safety standards are up-to-date and constantly updated according to the latest new technological developments. This standards will protect your personal information and also transmission of data through SSL(Secure Socket Layers)
Minimum safety standards indicated on the Privacy Code are thereby fully guaranteed.
EU and outside Europe Shipments:
Shipment costs outside Italy depend on the country of destination.
For shipments in Europe and outside Europe it is necessary to request a quotation with the related costs of transport. You have to send an email to email@example.com. or call 0598757002
For further information about shipments please contact us.
If user information and data end up being incomplete or wrong(when the package delivery becomes impossible), Occhialando.it will not evade the order and will cancel it by email.
Occhialando.it will do everything possible in order to deliver the products to the purchaser within the already indicated times.
The consumer is encouraged to contact Occhialando.it in case of delays and eventually to point out any sort of problem with the delivery.
We always try to deliver your order within 2-6 working days for Italy since the shipment.
It is important for us to point out that delivery times could suffer some variations for reasons we are not responsible for(causes of force majeure, bad traffic conditions or Authority intervention)
For the Summer period there will be delays caused to the closure of storage from which we provide, the resetting of the normal activities will be after August 18.
Occhialando.it accepts three different payment methods that will be chosen near the end of the order confirmation.
For any explanation or claim please call our Customer Service Number 059 8757002 or send an email to firstname.lastname@example.org
The sales contract between client and Occhialando.it will be considered closed in Italy and will be regulated by Italian law even if the client is foreign. For the solution of civil or penal disputes caused by this contract of distance selling, the reference court of the Modena district will have the competence of the territory. This is possible if the client is a consumer.
RIGHT OF WITHDRAWAL
The Legislative Decree 206/2005 related to consumers protection as far as it concerns distance agreements let the consumer have the right of withdrawal.
This right consist of the possibility, only owned by a consumer, of unconditionally depart from the purchase without inform Occhialando.it. Purchased products will not be explained to Occhialando.it. This should be done within 10 working days since the products delivery.
ATTENTION: If one enjoys the right of withdrawal by returning the product, Occhialando.it will well as shipping costs incurred (depending on the cost of the shipment that is), the expenditure of administrative management and the integration of customer management practice and preparation order deduct, amounting to Euro 10.00.
The right of withdraw can be exercised all the time after having officially purchased the product and within 10 consecutive calendar days since the product delivery. The purchaser must communicate to Occhialando.it his will to exercise the right itself and must provide the following data:
Sending a recorder delivery letter with the notice of the receive to the following address:
Occhialando.it Via Bosco 1 Formigine MO 41043
The purchaser must send the products he intends to return(either all or just some products) to the previous address within 14 days since the products delivery.
The shipment of the products that need to be send back can be done through any paying method. The products need to be sent to the following address: Occhialando.it.
Occhialando.it will not accept any shipments with cash on delivery unless they are expected or already approved by the site.
When the products will be received, Occhialando.it will immediately repay the purchaser within 14 days. In order to exercise the right of withdrawal, the consumer must fulfill the following conditions and modalities:
The withdrawal can be also applied to the single products of the same sales contract. However the consumer can’t exercise the withdrawal only to a single part of the purchased product.
When they will be delivered to us, all the products to what the consumer exercise the right of withdrawal must be intact. They must be like the original ones with all the other included parts like packaging material, contingent sales and documentation.
If the product to what the costumer exercise the right of withdrawal arrives damaged at
We invite you to pay attention to the shipment costs because they are not refundable.
After checking the product entirety, Occhialando.it will manage to repay the consumer with the whole sum previously payed for the product within 30 days from having received it. The repayment will be done using the information reported on the consumer’s Credit Card during the ordering process. We will send a bank transfer to the account given to us by the consumer himself.
If the consumer will not respect, for what concerns withdrawal, all the arrangements given in this General Conditions, the sales contract will remain valid. Occhialando.it will consequently send the products back to the consumer that will also have to pay for further shipping costs.
Occhialando.it has the right to terminate every sales contract closed by the client or the costumer, giving him the communication via email and registered mail. Occhialando.it can also decide to not accept any order from users or clients that are accused of problematical behaviors, suspected of illegal behaviors or that are blocked by a judical authority.
ATTENTION: The right of withdrawal can be exercised only if the merchandise is totally intact, never opened or used and carefully packed in order to keep intact the original wrapping. If Occhialando.it receives damaged or sabotaged articles(when the client doesn’t respect the already mentioned shipping precautions), it will not proceed with the repay of the already purchased products.
ATTENTION: The right of withdrawal with return of the goods purchased is granted only once, so please take care to try the product before buying it. The request of the second replacement can not be accepted.
ATTENTION: Under Article. 64 et seq of Legislative Decree. N. 206/2005, are not subject to the right to withdraw the products "made to measure" such as: Prescription Eyewear, Goggles or Custumized so different from 'original, even if not graded, both sunglasses and eyewear, made with configuration requested by the customer of all parts of 'glasses.
Occhialando.it guarantees the products from every kind of blemish.
Occhialando.it, then we will only have to communicate this fact to the consumer in order to let him, when possible, exercise his right of redress to the chosen courier for having the product send back.
Occhialando.it will not answer in any case for any damage, loss or theft until the product will be received. Every risk will be in consequence only a consumers responsibility.
The products must be given back with the following conditions:
They have to be sent to this address:
Occhialando.it, Ufficio Resi-Via Bosco 1- Formigine 41043.
If the returned article is not in compliance with what is written in the last paragraph, than the withdrawal will not be effective.
The articles need to be sent back brand new or unused and include all the original material received with the first shipment.
Every packs need to be sent with an adequate method.
We are not responsible for packs lost during the transit.
GUARANTEE AND SALES RETURN
If products or services have a conventional guarantee recognized by the manufacturer, eventual flaws or production errors must be directly reported to the manufacturer as indicated on the package or brochures.
Except for law binding previsions, Occhialando.it declares that he doesn’t have any responsibility for what concerns defects, flaws or deformities of the product. The guarantee by the Legislative Decree 206/2005 remains for the consumer.
In this case the consumer must report the flaw to the Occhialando.it Customer Service Department within 2 months since the product delivery.
Occhialando will make a commitment to replace any defective product by the arranged end(shipment costs will remain a client responsibility). If this is not possible or too onerous for Occhialando.it, the consumer will have the right to cancel the sales contract and obtain the re-credit for the already paid money for the product purchase. Shipment costs will not be included in the re-credit and Occhialando.it remains left out from any kind of responsibility.
In order to be replaced or repaid, the product must have the receipt or the invoice added to the shipment as it was sent by Occhialando.it.
Without any receipt or invoice, the replacement will be impossible.
In the sales return modality, the products purchased re-credit is applicable to the product cost. Any shipment costs made by Occhialando.it will be excluded.
In the sales return modality, the products purchased re-credit, when there aren’t any shipment costs for the client, will not include the previous shipment costs paid by Occhialando.it. These will be calculated on the basis of the terms already mentioned in the Shipments section of the Occhialando.it site.
If the client finds some inconsistencies between ordered and delivered products and, in particular, any completeness, physical integrity or correspondence problem in the delivered products, he must immediately call the Occhialando.it Customer Service Department within 10 working days.
The Customer Service Department will provide the necessary indications for solving the problem and, when possible, for shipping the missed articles, replacing flawed articles or repaying them.
Before shipping the purchased product, Occhialando.it Staff proceeds doing the quality control. The product has to be flawless and its moving parts are also tested.
Factory defects are not caused by the product usage as they are spotted in a short period of time.
Accidental breakages, scratches and damages caused by the purchaser are not covered by guarantee.
PERSONAL PRIVACY PROTECTION
Occhialando.it VAT number 02613890363 communicates that all personal data given with an order compilation, site registration or in any other way are treatment objects by Law 196/2003.
These data remains available for the costumer for check, modification or cancellation. In order to do this please contact Occhialando.it. Do it also for exercise any other rights by art. 7,8,9 Legislative Decree June 30 2003, n°196.
Data are inserted in a client register archive during the first order or the registration. An identification code is given during the registration along with a password that should be kept for further operations.
Referring to these data, Occhialando.it communicates that
Personal data given by the purchasers during a registration or a products order are treated for the sake of an order evasion and for commercial, promotional, management purposes and statistics for internal usage.
Without any privacy agreement, it will not be possible to evade any orders and so they will be cancelled automatically.
Consumer data will be treated in written form and with electronic, telematic and paper support. Their treatment will be done according to contractual needs, including contribution, payment and products delivery operations. This will be done in order to respect the law or Authorities scheduled obligations and, after an explicit authorization, to work with commercial and promotional information and with market researches.
Consumer data will not be spread or communicated to other who doesn’t work with Occhialando.it, except for subjects that are operating and necessary for the contractual activity development of Occhialando.it:
Banks for payments management and couriers for the purchased products in the place indicated by the client.
Third parts that provide for activities and performances necessary for the services executions the consumer have previously asked or permitted to Occhialando.it.
Some personal data can be communicated by Occhialando.it to other subjects such as the State financial administration, judicial authorities and police when requested.
Responsible for data treatment: Occhialando.it VAT 026113890363 Via Bosco 1 Formigine(MO) 41043
APPLICABLE LAW AND JURISDICTION
The current contract will be regulated by italian law. In case of controversies the Judical Ordinary Authority of Modena will be the exclusive part in charge.
communicates that all personal data given with an order compilation, site registration or in any other way are treatment objects by Law 196/2003.