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TERMS AND CONDITION OF USE
We invite the customer to read this document carefully since at the time of purchase, we will ask the customer to read and accept our conditions. These conditions rule the entire offer and sale of products on our web site www.occhialando.it.
By placing an on-line order, the customer accepts the terms and condition written below. These conditions constitute a contract between costumer and Occhialando. The responsible of purchase must be more than 18.
Occhialando has the possibility to change the General Conditions of Use without any notice. These changes will be valid since the day of publication on the website.
To the orders of purchase forwarded to Occhialando before the publication of the already mentioned changes the customer will be applied the General Conditions in force during the conclusion of the sale contract. Purchases made on Occhialando, beyond the conditions expressively written on this document, are regulated by Legislative Decree n. 185 22/05/1999 relative to the consumer protection on distance selling contracts.
ON-LINE PRODUCT FEATURES
Products features are defined on the on-line catalogue and are visible before the conclusion of the procedure needed to place the order. The prices (including VAT and all the other italian taxes and charges) are mentioned beside each item on the online catalogue. Prices exclude shipping costs. Occhialando is not responsible for the color change and/or different silk screen made by the manufacturer as a result of changing packaging operations.
The Visual representation of the products on the website, if available, generally corresponds to the photographic image. This has the sole purpose of presenting them for sale, without any express or implied guarantee or commitment on the part of Occhialando, about the exact correspondence of the image depicted on the website with the actual product, especially with regard to its size and/or color aspects of lenses and frames. The range of products and services of Occhialando is aimed at consumer users. Consumer users are individuals who buy products presented on the site for purposes unrelated to entrepreneurial activity which they held as provided by Legislative Decree 6 September 2005 n. 206 (Consumption Code).
According to the effects of the general conditions is not considered Consumer who expressly indicates in the notes master data to belong to the category "Companies, professionals, VAT-registered businesses” by inserting contextually their VAT number, when purchasing a product or service. Where it is not expressly stated to belong to the category “Companies”, the order will be treated as a consumer. Companies have different rights and guarantees than the consumers.
PRODUCTS AND PRICES
The prices published in the homepage or in other sections of the web site, devoted to every single product, include VAT. Prices do not include any taxes, duties and other charges applicable in the country of destination if it differs from Italy.
These costs, which vary from country to country, are charged to the customer, who bears the burden to verify its amount with the competent customs authorities. The price of each product should be added to the cost of shipment, which will vary depending on the mode of delivery and payment, as well as in relation with the country of destination. The total amount due for the selected products will be clearly identified and communicated to the customer in advance of the conclusion of the contract of sale. The prices listed on the site are subject to possible changes and/or modifications by Occhialando, without any prior notice to the customer. These increases may be caused (among others) by increases decided by the supplier of Occhialando. Sales contracts concluded prior to the publication of these amendments, but still being implemented, will apply the rates in force at the time of receipt of the order, except for system errors that will be promptly reported by the staff of Occhialando.
The order is accepted and bound by the contract of purchasing general conditions at the time it is sent by the buyer to Occhialando.
Occhialando can then send the customer a rejection of the order. Occhialando reserves in its sole discretion, the right to cancel any order in the event of material errors related to the customer's order or with the information sent by the customer via website (www.occhialando.it). For example: the price of the selected product is wrong, email address does not exist, etc…
Once the order is received, Occhialando sends the customer a confirmation of receipt containing the details of the order. Occhialando also sends the customer purchase data i.e. the type of required products and related costs, as well as the personal and contact details of the client.
The client is obliged to verify the correctness of the personal information and to promptly communicate any changes to Occhialando.
By receiving the e-mail the customer confirms the examination and acceptance of the General and specific conditions. Once received the acceptance of the order, Occhialando will provide for the elaboration and testing of product and then to the shipment of the products selected.
The shipment will be communicated to the customer via e-mail by Occhialando and by the carrier chosen. For each sales contract made through the site, Occhialando will issue its statutory accounting document concerning the products and/or services purchased. These documents will be sent inside the package. It will not be possible to proceed to any variation of the accounting document after its release, nor will it be possible to issue this document if a Customer has not indicated his/her VAT number or Fiscal Code. If not explicitly indicated VAT number or Fiscal Code when registering user data, it will no longer be possible to issue an Invoice for the Tax deduction, but only a non-deductible Fiscal receipt.
If not mentioned explicitly the VAT number or Fiscal Code during the registration of information, the customer will not be able to issue the invoice, but will be issued a receipt not deductible.
Occhialando has the right to withdraw from any contract of sale concluded by the customer or by the consumer, by giving the client written notification by mail. In addition,
Occhialando will not accept any orders from users or clients who have implemented regular behavior or clients who are suspected of illegal behaviors or if imposed by an order of a court.
DELIVERY OF PRODUCTS AND ORDERS
The site shows the total delivery time from the moment the product enters the full availability of Occhialando to the shipment and then the delivery to the customer.
Therefore, the client must consider the indicated times (from 2 to 6 business days) for delivery of the ordered product.
Availability and delivery times may vary compared to what is indicated, both because of the contemporary order of various users, and so run out of product, either because we depend on third party suppliers we can not control.
Also, Occhialando is not responsible for delays due to couriers, after the product has been shipped to the customer. Then Occhialando does not guarantee full observance of delivery times shown on the site and/or in the order, nor be responsible for any delays. In the event of unavailability, even temporary, of one or more products ordered, Occhialando will inform the buyer of the products not available. The purchaser may request replacement to the previous products;
If it is not possible to find a product to replace the previous one ordered, or the amount of time to wait for the arrival of the product is too long and in case the buyer has already paid, Occhialando will refund the amount paid no later than 14 (fourteen) calendar days. When ordering more products, where one or more of which are not available, the order will be shipped with the products available and can not be cancelled by the customer.
On the other hand, Occhialando agrees to compensate the price of products that are not available. In case of failure of one or more products ordered, Occhialando will inform the buyer of the subsequent update of the amount. After that, the buyer will decide whether to drop the order or continue shopping with the rectification of payment. The customer has the option to adjust the order by replacing it with another product.
If the new product has a price higher than the first, must be paid the balance of the price difference. If the new price is lower than the first, we will credit for difference.
If product delivery time was longer than indicated, Occhialando will send customer notification via email within 6 days from the order.
No responsibility, for any reason, may be charged to Occhialando, in the event of a delay in the order or delivery of the product.
Occhialando urges the customer to periodically check the order status at "My Account" and to contact customer support if the customer experiences any delays in the procurement and shipping of products.
PRODUCTS AND SHIPMENT
Responsibility for product shipments will be borne by Occhialando until the parcel containing the goods, will be withdrawn by the customer. The responsibility for the goods will be transferred to the customer upon delivery of the products. For each sales contract made through the site, Occhialando will issue the statutory accounting document related to the products or services purchased. These documents will be sent inside the package. It will not be possible to proceed to any variation of the accounting document after its release. Furthermore, this document will not be issued if a customer has not indicated their VAT number or Fiscal Code.
In order to properly deliver the ordered products, is always required the presence of the customer or his appointee. If none of them were available at the time and place of delivery, the carrier will leave a notice of second delivery for the next business day. The courier will reattempt delivery. If it doesn't go through, the goods will remain suspended at the branch of the courier.
It will be customer duty to collect the goods at the branch indicated. After 5 days the product will be destroyed by the shipper and the customer will not be able to claim a refund of the product.
Occhialando assumes no liability for disruptions due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that could prevent, in whole or in part, to implement the service agreed in the contract.
In the event of force majeure (unavailability of vehicles, unpredictable events), Occhialando reserves the right to terminate the contract of sale. Occhialando has the right to split, postpone or cancel all or part of the delivery, where these events will cause a delay in delivery.
This just in case these events lead to delay in delivery or make them difficult or impossible or if it is likely to cause a significant increase in the cost borne by Occhialando.
In such cases, it will be Occhialando’s duty provide timely notice of its intentions to the customer's e-mail address. The customer will be entitled to obtain a refund of the price paid excluding any further claims or compensation, in any capacity, against Occhialando. Product delivery in disadvantaged areas or hard to reach by courier, will have variations in costs of delivery. Occhialando will communicate it to the customer.
The couriers used in Italy are GLS, DHL and SDA.
Couriers in Europe and USA are DHL, GLS and SDA.
If the product ordered by the buyer are refused upon delivery, comes into stock.
So all storage and practical management costs supported by Occhialando, will be borne by the buyer.
If the buyer would like to reopen the product delivery, must pay any expenses within 5 working days.
In case the buyer fails to collect the goods, Occhialando is required to withhold all charges incurred for shipping, from the amount paid by the purchaser.
After 5 days the product will be destroyed by the shipper.
When the purchase exceeds $800, there will be fees that will vary for each State.
ANY CUSTOMS FEES ARE THE RESPONSIBILITY OF THE PURCHASER.
Shipping in Italy
The delivery is free for orders over € 69,00 and up to 3 kg.
For amounts less than € 69,00, the shipment cost is equal to € 4,90 (price includes VAT and any other tax or duty, except any promotions on postage).
For the free zones will be added a fee of €10.00.
For more information about custom delivery status expeditions or to provide suggestions and directions, please write to: email@example.com
Shipping in Europe-USA
For European Union countries and outside Community States shipping charges vary depending on the location of the country.
ANY CUSTOMS FEES ARE THE RESPONSIBILITY OF THE PURCHASER.
After the customer has placed in his/her own shopping cart the product, the customer can calculate in this link https://www.occhialando.it/carrello the shipping costs for his/her country.
The customer can also request a quote with shipping costs by sending an e-mail to the e-mail address: firstname.lastname@example.org
or calling the telephone number + 39 059 8757002.
Contact us for more information about custom expeditions.
Customers ordering from countries that include customs fees, have to bear these fees.
If the user's data are incomplete or inaccurate, Occhialando will not process the order.
Occhialando will contact the customer for any clarifications and if there is no match, will cancel the order by e-mail.
Occhialando will do what is in its power to deliver the products to the consumer within the period specified.
Consumers are invited to contact Occhialando in case of delay in delivery and report any malfunction detected.
Even if the data supplied by the customer (street, address, city, etc.) are incorrect, Occhialando is not responsible for that error. To receive the goods at the correct address, the customer is obligated to pay another expedition.
For payments made through PayPal the customer can not change the shipping address, indicated in the PayPal transaction order/payment.
In Italy, we promise to deliver the goods ordered within 2-6 business days from the order date of the product. However, we must point out that delivery times are subject to change for reasons beyond our control which are due to force majeure, traffic conditions, road conditions or actions of the authorities.
During the summer and Christmas periods or any other holidays, there could be delays due to the closure of stores from which we provide.
There could be also issues due to shunting of goods by shippers with whom we work.
Delays due to the couriers are not the responsibility of Occhialando.
TERMS OF PAYMENT
Occhialando provides 3 payment methods to choose when ordering:
Inside the package will be added the receipt and, if required, the accompanying invoice for the order, with the details of the products purchased and the relative prices of postage and any taxes depending on the home country except Italy.
It is possible to make supplies to companies, organizations, etc..
Occhialando is not responsible for any fraudulent or illegal use that may be made by third parties upon payment of the products purchased on the website (www.occhialando.it)
Transactions are recorded for tax purposes through payment and receipt in compliance with the regulations for purchases concluded without the inclusion of the Fiscal Code, VAT number or without billing request during purchasing operations (please insert request in the notes). Therefore it will not be possible to request an invoice later.
So if the customer needs an invoice, it urges the customer to apply on time according to the provisions.
ATTENTION: Sunglasses are not billable as medical expenses for tax deduction, then will be accompanied by a receipt and will not be issued the invoice.
THE WAYS WE CREDIT BACK
Occhialando provides 3 methods of crediting. The mode will be the one used for the payment.
The crediting will be made within 14 (fourteen) calendar days of the request of the purchaser.
The security standards used by Occhialando for sensitive personal information, including data transmission over SSL (Secure Socket Layers), are the highest in the State of technology and constantly updated according to the latest in computer technology.
The minimum security measures indicated by the Privacy Code and subsequent modifications are therefore widely guaranteed.
For any clarification or any complaint the customer can contact us through Occhialando Customer Support number + 39 059 8757002 or via e-mail to the address: email@example.com.
The sales contract between the client and Occhialando is concluded in Italy and governed by Italian law also for a foreign customer.
The territorial jurisdiction is that of the reference forum of the municipality of Modena for the solution of civil and criminal disputes arising from the conclusion of this contract of distance selling.
RIGHT OF WITHDRAWAL
The Legislative Decree 206/2005 is about the protection of consumers in respect of distance contracts and stipulates in article 5 the possibility for the consumer to exercise his Right of Withdrawal.
This right consists in the possibility, exclusively in favor of the consumer, to withdraw from the purchase unconditionally, i.e. without having to provide Occhialando with any explanation of the products purchased within a period of 14 (fourteen) consecutive days from receipt of goods.
Occhialando will refund the consumer the amount paid for the purchase of products, excluding shipping and handling of the order.
ATTENTION: If the customer uses the Right of Withdrawal, Occhialando will cover the shipping costs incurred, even if previously got for free (depending on the cost of shipping).
The Right of Withdrawal may be exercised at any time after completing the purchase process and in any case within 14 (fourteen) consecutive calendar days from receipt of the goods, by notice to Occhialando by registered letter with acknowledgement of receipt or PEC with the will to exercise the right and providing the following data:
-Full name and shipping order number.
-In case of partial withdrawal: description and number of products the customer intends to return.
The cancellation and the required data must be sent to Occhialando in the following ways:
First of all, by sending an e-mail to firstname.lastname@example.org for knowledge (not of the implementation of the Right of Withdrawal). Then, by sending a registered letter with acknowledgement of receipt or PEC, following the instructions of the automatic email sent after writing to email@example.com. The goods must be sent to the same address as Occhialando, within 7 (seven) calendar days of the notice of the Right of Withdrawal by registered letter with acknowledgement of receipt or PEC. The consumer must provide for restitution. Occhialando will in no case accept return shipments with carriage forward or cash on delivery unless they have been previously approved by Occhialando itself. The shipment of returned products can be made to the address of Occhialando by any means chosen by the buyer.
The Right of Withdrawal may be implemented only through the request for registered mail with return receipt within 14 (fourteen) days of receipt of goods.
Once Occhialando has received the products covered by the withdrawal, will promptly (less than 14 days) reimburse the sums from the buyer side.
Valid with the aim of exercising the Right of Withdrawal, the consumer shall comply with the following terms and conditions:
If the Product comes damaged to Occhialando, it will be obliged to notify the Consumer in order to allow him, where possible, to exercise his right of recourse against the chosen courier for the return of the products. Occhialando will not be liable under any circumstances for damage, theft or loss of products being returned until the successful delivery of the same. Each risk is therefore the sole responsibility of the consumer. Items must be returned:
If the returned item does not conform to the provisions of the preceding paragraph, the withdrawal shall not take effect.
Items must be returned new, unused, and contain all original material included parcel received. All packages must be sent via a trackable method.
We are not responsible for packages lost in transit. Shipping charges are not refundable.
Once the integrity of the returned Product has been verified, Occhialando will reimburse the Consumer for the full amount paid for the returned Products, no later than 14 (fourteen) days from receipt of the same.
The refund will be made via the channels that the consumer has used to purchase products.
The Right of Withdrawal may be exercised only if the goods are perfectly intact in its entirety. The goods must be packed carefully in order to preserve the original covers.
If Occhialando receives damaged items of return, i.e. without having followed the above shipping precautions, as previously described, it will not refund the amount paid for the purchase of products.
The Right of Withdrawal with change of the purchased goods is granted only once, so the buyer is invited to try the products before buying them. The request for the second substitution can not be accepted.
According with art. 64 et seq. of legislative decree 206/2005, are not subject to right to return the products tailor made such as: Prescription glasses, Glasses customized, i.e. different from the original even if not graduated (both sunglasses and prescription glasses).
Occhialando guarantees products free from any defects.
GUARANTEE AND RETURNS
If the Products or Services have a conventional warranty recognized by the manufacturer, any faults, defects or discrepancies must be communicated to Occhialando.
Barring weather required by law, Occhialando disclaims any responsibility for any defects or non-conformity of the product. The warranty for the consumer remains unaffected pursuant to Legislative Decree 206/2005. In this case, the Consumer will have to report to Occhialando the defect found at the Occhialando Customer Service. Occhialando will use reasonable efforts to check the defective product. If necessary, Occhialando will replace the product at its own expense within a reasonable period, excluding shipping costs and return of product that will have to be paid by the buyer. If this is not possible or excessively expensive for Occhialando, the Consumer will have the right to terminate the Sale Contract and consequently, to obtain the re-crediting of the sums paid for the purchase of the Product excluding shipping costs. It is excluded any other liability for any other reason on the part of Occhialando. In order to be replaced or reimbursed, the product must have the receipt or the original invoice attached to the shipment as issued by Occhialando. If there is no receipt or invoice, it will not be possible to reimburse or replace the product.
The refund related to the purchase made by the customer refers to the cost of the product and excludes any shipping costs incurred by Occhialando. In case of purchase without shipping costs charged to the customer, these costs will have to be removed from the refund in case of return.
The charges will be based on the terms indicated on the site of Occhialando in the part concerning shipments. If the Customer detects any discrepancy between what has been ordered and what has been received, and particularly if he finds any problem concerning the physical integrity, correspondence or completeness of the received products, he must promptly inform Occhialando Customer Service within 7 consecutive calendar days. Occhialando's customer assistance will provide the necessary information to solve the problem and eventually to dispatch the missing items, replace the defective items or refund them.
Before shipping the product purchased by the buyer, the Occhialando Staff proceeds to the product quality control, verifying with care and meticulousness that the product is in the absence of manufacturing defects and / or scratches, including also to the test of their moving parts. Factory defects are not attributable to the wear of the product due to use, but found in a short time. The accidental breakage and/or scratches on the product caused by the buyer are not covered by the warranty.
Occhialando (VAT No. 02613890363), informs that personal data, supplied with the completion of an order or registration on the site or in any other way, are subject to treatment pursuant to Law n. 196/2003. These data remain available to the consumer for verification, modification or cancellation by contacting Occhialando, and for the exercise of any other right provided for by articles 7,8,9 Decree of the Legislative Decree 30 June 2003, n.196.
The data are entered in a customer database at the time of the first order or registration. An identification code and a password are assigned which must be kept for subsequent operations. Occhialando communicates that: the personal data provided by the Purchasers during registration or ordering of the products, are processed for the sole purpose of order fulfillment and for commercial, promotional, management and statistical purposes for internal use.
In the absence of consensus regarding privacy, orders can not be processed, and then will be automatically cancelled.
The consumer data will be processed in written form and on electronic, telematic, magnetic and paper support. The processing of data will take place in relation to contractual requirements, including payment and delivery of products ordered. They will also be used to fulfill the obligations established by law or ordered by the Authorities and finally upon explicit authorization, for purposes of interactive commercial and promotional information and for market research.
The consumer data will not be disclosed or communicated to third parties, not employees of Occhialando, except to those necessary or functional for the performance of the contract of Occhialando, for example: banking institutions for the management of payments, shippers for transport, third parties who provide activities and services necessary for the execution of the services that the consumer has decided to request or authorize to Occhialando.
Some personal data may be communicated by Occhialando to third parties such as the financial administration of the state and judicial authorities and police forces if requested.
Data processing Manager: Occhialando VAT number: 026113890363 - Via Bosco n. 1 - Postal/Zip Code 41043 - Formigine (MO)
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by Italian law. In case of dispute the ordinary judicial Authority of Modena will be exclusively competent.