1. PURPOSE OF THIS DOCUMENT
1.1 These General Conditions of Sale (hereinafter referred to as “General Conditions”) regulate the sale to end consumers (“Customers”) of the clothing and relevant accessories in the Aerre Optical collection (“Products”), through the dedicated area on the website www.occhialinet.it and following the procedures listed in said area, between Aerre Optical and the Customers, which will be regulated by these General Conditions of Sale.
1.2 Products are sold by Aerre Optical srl,with registered office at Via Principe di Napoli, 13 91016 Erice C.s. (Tp) business register, Fiscal Code and VAT reg. no. 02282110812. For any information concerning these General Conditions and/or purchases made based on same, the persons concerned can complete the specific assistance request form in the Customer Assistance area of the Web Site www.occhialinet.it (hereinafter referred to as the “Website”).
2. CONTRACT TERMINATION PROCEDURES
2.1 The information and details in the e-commerce area of the Website www.occhialinet.it must not be considered as offers; they are simply an invitation to the Customer to conclude transactions by submitting purchase proposals. A purchase proposal for products is submitted by the Customer when an electronic-format order form is sent out, which the Customer will need to complete and confirm in the order summary screen. A purchase proposal cannot contain more than 10 products in total. Should the Customer require an invoice, they must select this option in the Order Form. The Customer is also entitled to enter a different shipping address from the one listed in the form summarising their own data. Once the Order Form has been submitted, an order summary window will open and an email with be sent confirming receipt of the order. By sending the order form, the Customer accepts that any purchase agreement will be regulated by these General Conditions. All orders are subject to the acceptance of Aerre Optical, which reserves the right not to accept orders in the event that: - the data provided by the Customer at the time of completing the order form are incomplete or incorrect; - the Customer cannot be considered an end consumer or meet the requirements to enforce payment conditions; - the ordered Products are not available For this purpose, Aerre Optical will not be considered responsible for variations in the availability of some products. In the event that only some of the Products ordered are unavailable, and there are no other causes to justify the non-acceptance of the proposed order, Aerre Optical can accept the order proposal for the available products only; - the destination of the Products is located outside Italy. In the above cases, Aerre Optical will inform the Customer, by email, that the proposed order could not be accepted (fully or partially), specifying the relative reasons and therefore, the contract will not be concluded. In this case, Aerre Optical will refund any payments already made to the Customer
3. PRICES AND PAYMENT TERMS
3.1. The retail prices of the Products, shipping costs and methods of payment are those listed on the Website and are stated in euros. The retail prices of the products include VAT but do not include shipping costs, which will be added to the total amount owed. Aerre Optical reserves the right to change the prices on the Website at any time; in any case, price changes will not apply to any confirmed orders that the Customer has already made. Under no circumstances can Aerre Optical be held responsible for any changes to price.
3.2 The Customer undertakes to pay the price for products purchased in the following manner: T & T.
4. PRODUCT SHIPMENT
4.1. Products will be delivered based on the times and methods listed for the delivery service chosen by the Customer from the options available on the Website. Shipping costs will be paid by the Customer and may vary according to the delivery service chosen. Once the Products have been shipped, Aerre Optical will send the Customer an email containing the information required in order to track the shipment
4.2. The risks relative to the Products pass to the Customer as soon as said Products are handed to the courier.
5. RETURNS AND EXCHANGES
5.1. Right to withdrawal
a) exercise of the right to withdrawal
The Customer has the right to cancel the order without any penalty and without having to provide any justification, within a term of 14 working days from receipt of the products purchased according to these General Conditions (hereinafter “Legal Terms”).
Cancellation shall be made known to Aerre Optical in writing (i) by sending the cancellation form available as an attachment to these General Conditions or (ii) by sending in a written notification by post.
5.2. Conventional right of withdrawal
a) Exercise of the conventional right of withdrawal
In addition to the legal right of withdrawal, as per the above art. 5.1, Aerre Optical will grant an additional term of 16 days to exercise the conventional right of withdrawal. The Customer may therefore exercise their conventional right of withdrawal from the 15th to the 30th day after receiving the Products.
Conventional right of withdrawal is possible by commencing the obligatory returns process through the Website, accessing the personal area and clicking the “returns procedure” button.
6. PRODUCTS
6.1. Products on the website are Aerre Optical brand products and products under other brands, legally traded by Aerre Optical srl. The characteristics of each Product are stated on the website on each info sheet. However, the colours may not be exactly the same as those shown on the website, due to the type of browser and monitor used.
7. GUARANTEE
7.1 A legal guarantee of conformity is provided as per Seller’s obligation, compliant with Lgs. Decree 6-9-2005 no. 206 art. 128 and successive. This is a guarantee covering all consumer goods and it also applies to defects in conformity for a maximum period of 24 months from the delivery date for purchases made by private customers. The conformity defect must be reported to the Seller no more than 2 months from the date of discovery of same. Unless otherwise proven, it is presumed that conformity defects occurring no more than 6 months from the date of purchase of the product existed prior to this date.
7.2 If the Customer considers the Products to be faulty, they may apply the legal guarantee in one of the following ways:
a) requesting a refund by activating the returns process through the site, accessing the personal area within 30 working days from the date of receipt of the products in question or
sending the products to Aerre Optical srl.
8. DATA PROTECTION
8.1 As far as concerns the conditions for the collection and processing of the Customer’s personal data and the relative purposes, please see the privacy policy statement on the website.
9. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
9.1. The General Conditions of Sale are regulated by Italian law and specifically by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) with specific reference to the law on distance contracts, and by Italian Legislative Decree no. 70, 9 April 2003, concerning e-commerce. Any disputes concerning the validity, interpretation or execution of these General Conditions of sale will be regulated by the judge of the consumer’s place of residence or domicile.