These terms and conditions govern the sales of products on the https://ottica.intouchdesign.it Site and govern their use.

Seller reserves the right to periodically amend these Terms and Conditions and the
Privacy Policy
, for example as a result of changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to the Users through the Site with an appropriate notice and for the duration of 10 (ten) days from the date of the change. Said communication may, at Seller’s discretion, also be made by sending an appropriate email. The online sale of products on the Site is governed by the rules of the Consumer Code Legislative Decree. No.206/2005 and the Electronic Commerce Code Leg. n. 70/2003.

The following are the general terms and conditions applicable to any Product sold on the Site.

INDEX:

1. DEFINITIONS

2. OBJECT OF THE CONTRACT

3. HOW TO REGISTER FOR THE WEBSITE

4. PRODUCTS

5. PRODUCT DESCRIPTION

6. PRICES AND INCIDENTAL EXPENSES

7. PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

8. METHOD OF PAYMENT

9. ORDER FULFILLMENT AND PRODUCT DELIVERY.

10. LEGAL WARRANTY

11. WITHDRAWAL

12. MAJOR FORCE.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

14. PROCESSING OF PERSONAL DATA

15. APPLICABLE LAW AND JURISDICTION

16. DISPUTE RESOLUTION

17. COMMUNICATIONS

1. DEFINITIONS

For the purposes of this contract:

Seller: Ottica Giro Snc, headquartered in Verona at Via Dora Baltea no. 26/B Vat no. 02538960234, email: shop@otticagiro.com

Contract or General Conditions: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Platform or Site: the Site https://ottica.intouchdesign.it

Users: Any person who accesses the Site and continues to browse it, who decides to register on the Site, creating an appropriate account and entering their data, as indicated later in these General Conditions.

Customer: any person who purchases products sold through the Site.

Consumer: the natural person acting for purposes unrelated to professional or business activity.

Products: retail sales, under Electronic Commerce, mainly of prescription frames, eyeglasses, sunglasses, contact lenses and accessories.

Order: the proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.

Shopping Cart: the stage of the purchase procedure in which the User formulates his or her purchase proposal, selecting the method of payment, delivery of goods and the like.

Purchase: the onerous purchase of the above Products from the day the purchase is concluded.

Electronic Commerce: a particular mode of commerce, governed in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the contract at a distance through information society services without their simultaneous, physical presence. Given the distance, delivery of products is not contextual and is usually by shipment through third-party operators (couriers/shippers).

2. OBJECT OF THE CONTRACT

These terms and conditions apply between Seller and any User who makes, as a Consumer under applicable regulations, a purchase on the Site. The Seller reserves the right to change these terms and conditions at any time by notifying Users on its homepage. In this case, the changes will be effective in accordance with the law, without the need for specific and further approval and in any case after ten days from their publication. If any of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.

3. HOW TO REGISTER FOR THE WEBSITE

In order to be able to make purchases on the Website, the User may or may not make a special registration, through which he/she will enter his/her personal data and choose the mode of sale of the Products (payment, delivery etc.).

The User who wants to register on the Website must provide all the data requested by the registration form, and is responsible for the truthfulness and correctness of the same.

In the case of registration, when entering data, the User warrants that:

– Be of legal age and legally capable;

– Possess the proper requirements for registration required at the time of registration;

– Comply with all legal and contractual regulations applicable to these Terms and Conditions;

– To be the rightful owner of the data entered, which are intended to be true, correct and up-to-date.

Registration coincides with the opening of an account.

In cases of abuse, the Seller reserves the right not to accept the registration, revoke it, as well as to provide for reporting for action to the competent authorities.

At the time of registration (account opening) the User will be asked to give certain data such as name, email and a password, which the User will take care to guard, keep secret, use on their own and not give away.

The email address provided during registration allows the Vendor to notify you of all messages related to the Services, Products, and the Site in general.

In this case you will be asked to leave the information strictly necessary for the purchase and delivery of the Products.

The use of temporary emails for registration is prohibited.

All transmitted data will be treated with the utmost respect for the Privacy Protection Law. The Seller will use them exclusively to complete orders and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information about its initiatives, such as news or promotional discounts. The Seller may use the data for soft spam purposes to enable the sending of promotional communications having as object the purchased Products without the need of the express and prior consent of the User, as provided in Art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree No. 101 of 2018 and provided that the User does not exercise the right to object.

4. PRODUCTS

The Site engages in Electronic Commerce retail sales of prescription frames, eyeglasses, sunglasses, contact lenses and accessories. Products and offers contained on the Site will be available and valid as long as they remain online and are always understood to be offered on a “while stocks last” basis. On the Site, each product tab shows the list price and any promotional discount applied. In each Product tab you can choose: the color available for that frame identified through a code; a combination of color and diopter; a combination of contact lens product and diopter. All products offered are described and illustrated within the Site, in their respective sections.

5. PRODUCT DESCRIPTION

Images of Products on the Site are for demonstration and illustrative purposes and are represented as best as possible.

However, some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product may show up. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product bought and sold.

Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if notable.

6. PRICES AND INCIDENTAL EXPENSES

Prices of Products are displayed in euros. All sales prices of the Products should be understood to include VAT. In particular, the Order form, the Order confirmation and the related receipt will detail:

– the price of the Product;

– Other taxes, if any, if due;

– delivery charges

Any promotions involving free delivery charges, if certain spending thresholds are reached, may be decided by the Seller and will be indicated on the website from time to time.

Prices in the online store are subject to change.

In such cases, the prices published at the time of the Order on the online store are considered.

7. PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User may purchase all Products offered for sale within the Site, as described in the relevant information sheets, by following the purchase procedures provided in the Site itself, subject to stock-out.

To purchase the Products, the Customer must complete and submit the Order Form in electronic format to the Seller, following all instructions contained on the appropriate page of the Site. The Order Form contains a summary of the main terms of business, including price, means of payment, and mode of delivery, as well as information on the main features of the Products ordered and a reference to the Terms and Conditions. The Customer must put the Product he/she wishes to purchase in the appropriate “Shopping Cart” and, after having read the General Conditions, with particular reference to the contribution for delivery costs, the procedures for exercising the right of withdrawal, and the Privacy Policy, he/she must select the desired payment method and choose the “send order” option.

Prior to transmission of the Purchase Order, the Customer may correct any data entry errors by following the appropriate editing procedure contained on the Site page. The Customer has the right to change the quantity and type of the Products he/she intends to purchase by adding or removing one or more Products from the “Shopping Cart”;

By submitting the Order Form, Customer acknowledges and expressly declares that it fully and unconditionally accepts the Terms and Conditions and has read the Privacy Policy.

The applicable Terms and Conditions are those in effect at the time of the Order and can be found on this page of the Site.

The contract entered into between the Seller and the Customer shall be deemed concluded with the acceptance of the Order, by the Seller.

Acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the email address provided during the placing of the Order.

The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of unavailability of Products or that result in the delivery of Products ordered in certain geographic areas.

The Seller will promptly notify the Customer of any inability to accept orders received and will refund any sums already paid by the Customer.

The summary email automatically sent when the Order is saved is not valid for Order acceptance purposes; the acceptance email will be sent later To the e-mail address provided by the Client. Such confirmation will summarize the Products selected, their prices, any taxes due, freight and delivery charges, delivery address, order number, and the Terms and Conditions applicable to the Order.

8. METHOD OF PAYMENT

Upon placing the Order, the Customer agrees to pay the price of the requested Products, taxes, and incidental expenses as provided on the Site and actually available for the specific Products selected. We would like to point out that not all payment methods listed below are available. Check the shopping cart for the actual presence of the payment method you would like to use for the product you want to purchase.

The payment methods generally available on the Site are as follows.

8.1 Payment by Bank Transfer

In this case, the Order shall be deemed completed when the Seller receives the actual credit to its bank account. Credit is normally given within 2 to 3 working days of execution, so this banking timeframe should be added to the normal delivery time.

The transaction can be carried out by requesting the coordinates from the Seller by e-mail.
In case of payment by Bank Transfer, the transfer must be made within 3 working days from the date of communication of the acceptance of the Order. Past this deadline, the Order will be deemed automatically cancelled. The shipment of what has been ordered will take place only upon the actual crediting of the amount due to the Seller’s bank account.

The Bank Transfer must include the reason for payment, Customer’s first and last name.

8.2 PayPal

To ensure maximum security during online payments, the Seller uses the highest security standards in data transfer and information access. If the Customer chooses to pay via the PayPal platform, at the time of payment their browser will be directed to a secure server page with SSL encryption by entering their username and password.

8.3 Amazon Pay

Amazon Pay is a payment service provided by Amazon Payments UK Limited, which allows the User to make online payments using their Amazon account.

8.4 Apple Pay

Apple Pay is a payment service provided by Apple that allows Users to make online payments on websites and apps that support it using an iPhone 6 and above, Apple Watch, Mac and iPad Air 2 and above.

8.5 Marking

The Customer can pay their Order by cash on delivery directly to the courier when the purchased Product is delivered. This mode of payment will incur an additional fee that will be specified by the Seller. Upon delivery of the Product, the Customer will pay the total amount of the Order directly to the carrier in cash.

8.6 Stripe

Customers can pay by credit card through the Stripe platform, which has one of the best security standards in the world. Stripe has been audited by a PCI-certified auditor and has been certified as a PCI Level 1 service provider, the highest level of certification in the payments industry, and covers both Stripe’s Card Data Vault (CDV) and the secure software development of their integration code.

9. ORDER FULFILLMENT AND PRODUCT DELIVERY.

The Order will be processed within the terms specified on the Site and in the Purchase Order Confirmation upon acceptance of the Order by Seller. Seller will make delivery of purchased Products by specialized carriers, with standard service, Monday through Friday, excluding holidays and national holidays.

At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order Confirmation.

9.1 Shipping to Italy

Products shipped to Italy are usually delivered using BRT courier within 5-8 business days of shipment. The above delivery terms are indicative only and not essential. Any variation to the above will be promptly communicated by e-mail to the Customer. In case of failure to specify a specific delivery period, it will still take place within thirty days from the conclusion of the contract.

9.2 Shipping to the European community and rest of the world.

Shipping in the European Community will be handled by DHL or DPD shipping service while for countries outside the European Community we only use DHL service. The user has a choice between the two services and by selecting the shipping country, figure out what the shipping cost is for the selected country.

9.3 Shipping costs Europe and the rest of the world

Shipping for amounts over €300.00 to the European countries listed here is free of charge: Estonia, Latvia, Lithuania, Poland, Czech Rep., Slovakia, Hungary, Slovenia, Romania, Bulgaria, Croatia, Switzerland, Austria, Germany, Gracia, Belgium, Luxembourg, France, Holland, Spain, Portugal, England, Eire, Denmark, Finland, Sweden.

For all other European countries and rest of the world, shipping costs are always charged. Selecting the shipping country within the shopping cart will help you understand the cost of shipping.

For international orders, a customs duty will be charged to the Customer depending on the country in which the Customer resides. These funds are not established by the Seller, but are paid and established by the government of the Customer’s home country according to import/export regulations and charged by the local postal carrier.
By law, the Seller cannot change the order value on commercial invoices.
If the customer decides to refuse the shipment, he or she will be responsible for the original shipping charges, any duties, taxes and/or customs charges incurred (on both the original and return shipment), and the cost of returning the package. This amount will be deducted from the refund of the goods.

10. LEGAL WARRANTY

The Consumer Customer in case of receipt of Products that do not conform to orders or are defective has the right to the legal warranty of twenty-four (24) months. In the event of receipt of Products that do not conform to orders or are defective, the Customer shall notify the Seller by e-mail within the period of 2 months from the discovery of the conformity defect, specifying whether he/she wishes to have the Product replaced/repaired or to have the price of the Product reduced. Beyond that period, the Seller, therefore, will not be responsible for conformity defects found by the Consumer. In the event of replacement or repair of the Product, the terms of the warranty relating to the Product given as a replacement or resulting from the repair shall be the same as for the original Product and shall in any case be prescribed in 24 (twenty-four) months from delivery. In case of replacement or repair of the Product, the Seller will contact the carrier who, subject to availability, will collect the goods. In order to qualify for the warranty, purchase documents must be shown. If repair or replacement is impossible or unduly burdensome, the Customer may, at its option, request a price reduction or termination of the contract. It is understood that in determining the amount of the reduction or the amount to be returned, the use of the goods shall be taken into account, and that a minor defect, for which it has not been possible or is excessively burdensome to exhaust the remedies of repair or replacement, does not entitle the contract to termination.

11. WITHDRAWAL

All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the opportunity to return, for any reason, the purchased product and to obtain a refund of the expense incurred within 14 days.

To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller that you wish to withdraw by any explicit statement to that effect such as registered letter with return receipt, or by e-mail or PEC otticagiro@pec.it. Within the same period you must arrange, using a courier of the Customer’s choice, for the shipment of the goods reinstated in its original packaging, undamaged and in perfect condition complete with all its parts including the presence of the warranty seal and carefully packaged to the Seller’s premises. The presence of the affixed and untampered with warranty seal is a key element in exercising the right of withdrawal. The package must include all documents received.

Expenses related to the return of the product are always borne by the customer.

Upon receipt of the goods, once the integrity of the returned Product including the warranty seal has been verified no later than 14 days, the Seller will refund the cost of the shipped goods. Expenses incurred in returning the goods are excluded from the refund. The reimbursement will be made by bank transfer or PayPal, and in the case of bank transfer the Customer must indicate his bank details. The risks of transportation for the return of the Products are fully borne by the Customer, as well as the costs necessary to return the Products subject to withdrawal. Finally, without prejudice to the foregoing, please note that the Customer is responsible for any diminution in the value of the Products resulting from any handling of the goods other than what is necessary to establish their nature, characteristics, and operation.

The right of withdrawal does not apply to products received by more than 15 working days (in which case the return of the goods will be refused).

11.1 WITHDRAWAL PRIOR TO PRODUCT SHIPMENT

All purchases made by the Consumer Customer at the Site are covered by the right of withdrawal guarantee even if the product has not yet been shipped. In this case, the value of the purchased product will be credited back to you, excluding collection and shipping costs.

12. MAJOR FORCE.

The Seller assumes no responsibility for disruptions in service attributable to force majeure, such as but not limited to pandemics, accidents, strikes and/or lockouts, earthquakes, floods, and other events of an unforeseeable nature that would prevent, in whole or in part, the execution of the contract within the scheduled time.

The Seller in such a case shall not be liable to the Customers for any damages, losses and costs incurred as a result of non-performance or delayed performance of the contract, the Customer being entitled only to a refund of the price paid. In case of force majeure the execution of the Order will be suspended. This suspension may last for a maximum period of 3 (three) months, after which it will deem the Order automatically cancelled.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the name “otticagiro,” the domain name “otticagiro.com,” the related sub-domains, and all intellectual and industrial property rights relating thereto, are the exclusive property of Seller, are reserved by Seller, and are not and will not be transferred or licensed under any circumstances to Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties in any capacity or otherwise use for any purpose other than storage and/or consultation the Sites and/or Site Content.

14. PROCESSING OF PERSONAL DATA

The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. Seller as the Data Controller processes Users’ Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. Processing is carried out by means of computer and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. The User’s Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the concluded contract; for the registration procedure aimed at the purchase of the Products and for the “Shopping Cart” procedure in which to enter their Personal Data and billing or similar fiscal profiles; To follow up on specific requests made to the Owner by the User; for sending promotional and commercial information and offers also through the newsletter service according to the consent freely expressed by the User; for softspam purposes for promotional communications having as object the purchased Products without the need of the express and prior consent of the User, as provided by art. 130, Paragraph 4, Privacy Code as amended by Legislative Decree No. 101 of 2018. Therefore, the Client is invited to carefully read the information on the processing of personal data
(


Privacy Policy


)
made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required
(Cookie Policy).

15. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed entirely by Italian law.

Any dispute arising in connection with the validity, interpretation, performance and termination between the contracts entered into online by the Customer Consumer with the Seller shall be within the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum).

16. DISPUTE RESOLUTION

According to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation Procedure (ADR).

Pursuant to Art. 14 of Regulation 524/2013, in case of a dispute, the Consumer Customer may file a complaint through the ODR platform of the European Union. For more information contact the company.

17. COMMUNICATIONS

For more information of any kind you can contact the Seller at the following email: shop@otticagiro.com