1. IDENTITY OF THE SELLER
Seller of the products in the online catalog of the website www.otticafranceschetto.it [below the “Site”] is OTTICA FRANCESCHETTO s.a.s, based in Via del Commercio, 69/1 Fossalta di Portogruaro (VE), VAT number and Fiscal Code 02528180272, telephone 0421.709041, telefax 0421.245256 e-mail firstname.lastname@example.org [below the “OF”]
2. ESSENTIAL CHARACTERISTICS OF THE SERVICE
OF through the Site offers an online catalog of frames for eyeglasses, sunglasses, liquids and contact lenses, accessories and optical products in general [below the “Products”]. The following conditions govern the sale and supply of the Products by OF to the Customer. The sending of the purchase order by the Customer implies the acceptance by the latter of these sales conditions. OF reserves the right to modify these general conditions of sale upon notice that will be published on the Site. The Site and the Products cannot be understood as an offer to the public but as a simple invitation to the Customer to make an offer. Each order sent by the Customer to OF constitutes a contractual proposal of the first with the effect that the same will be binding for the OF only after the receipt by the Customer of the communication of acceptance of the same. The visual representation of the products on the Site normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, with no guarantee or commitment, by the OF, about the exact correspondence of the image shown on the e-commerce site with the real product; and this, with particular regard to its actual dimensions and / or the chromatic aspects of the products.
3. USE OF THE SERVICE
Product selection procedure: Before starting the purchase procedure, the customer must select the products he wants to purchase. To this end, a "virtual shopping cart" is visible in the Product data sheet for purchases: by clicking on the shopping cart icon at the selected item, this is automatically inserted into the shopping cart. This procedure must be repeated for each Product that you want to purchase.
Purchase procedure: Clicking on the "Confirm purchase" icon starts the order confirmation procedure. Billing information is required. The data entered in this section will be those used at the time of invoicing. The invoice will be sent along with the Product at the time of delivery. It is very important that the correctness of the name of the natural person or the name of the legal person and the other information provided (address, zip code, tax code or VAT number) are verified as these data will, to all intents and purposes, identify the subject owner of the purchase of the Products. The Customer is advised that the billing and delivery data of the Products may not even coincide: it is therefore necessary to carefully check the compilation of the data entered.
Payment methods: payment can be made by:
- Credit card of the VISA, MASTERCARD and CARTASI circuits;
- Cash on delivery: in case of cash on delivery the customer will pay the amount due directly to the courier upon receipt of the package. Customers are informed that the courier does not accept checks, so the amount to be paid must be paid in cash; (Italy payments only) valid only for products ready for delivery, not for products with "online only" description;
- Payment with Paypal: in case of payment with Paypal OF it will direct the "End Order" on the "Payments with Paypal" page. The customer has nothing to do but enter the email and password already registered and proceed with the payment.
- Bank Transfer: payment must be made within 7 days of order confirmation. Bank data: account holder: Ottica Franceschetto s.a.s, Banca San Biagio of Eastern Veneto (branch of Fossalta di Portogruaro VE): IBAN: IT16 O089 0436 120 04600 1071848 (Italy payment only) The system will automatically calculate the total order amount including any additional costs (shipping costs and / or insurance of the goods).
Price: the total amount of the order is displayed. Sending order: to send the order, click on the "Confirm Order" icon.
Conclusion of the contract: The purchase contract is concluded with the acceptance of the Customer's order by OF. Acceptance is expressed by a confirmation sent to the email address indicated by the Customer. The confirmation message will contain the date of the order and a Customer Order Number, to be used for any further communication with the OF. This message will reproduce all the data entered by the Customer who undertakes to verify its correctness and to communicate any corrections immediately and not later than 48 working hours from receipt of the message. Once the online purchase procedure has been completed, the customer will print or save an electronic copy of his order and the related confirmation and keep the current general sales conditions. The contract after its conclusion will be filed in electronic form and the data of the same will be accessible by the personnel in charge of OF at its execution or by any third parties in charge of giving you execution. Therefore, by sending the order, the Customer authorizes the use by OF of the data reported therein for the conclusion and execution of the supply of the Products. In the event of unavailability of the Products, OF will inform the Customer as soon as possible and refund any sums already paid in respect of the supply not performed without the Customer's right to any compensation or compensation for damages.
All products are described in detail (quality, features, price). The product information sheet shows the retail price including VAT. The additional costs that, if due, will be displayed before confirmation of the order are not included.
No shipment will be made until the amount is duly credited (subject to the possibility of cash on delivery), with specific retention of title by the seller until full payment. Delivery terms are indicative and are calculated in working days; therefore, any liability on the part of OF for all damages deriving from early or late delivery, total or partial, is excluded. If the Customer is not up to date with payments relating to other supplies, the delivery terms start to expire and OF may delay deliveries until the Customer has paid the sums due. If, for reasons not attributable to OF, the Customer or the carrier designated by it does not take delivery of the products, OF, upon notice to the Customer, may store them charging to the latter any related costs incurred. Indicatively the average delivery times are reported in 1-2 working days (from Monday to Friday, excluding Saturdays, Sundays and public holidays) for the "prompt delivery" goods in the store, while for the remaining (indicated as, online only) it is possible an even higher timing not dependent on OF, which will be promptly communicated as soon as it is known to OF. Working periods will be reported. Some items and for some regions delivery times may be longer. For cash on delivery there is a fixed cost of € 9.00, plus any shipping costs. (only for shipments to Italy not valid for foreign countries) For some Italian or foreign locations called remote areas, there may be additional, variable transport costs. For non-EC shipments, subject to customs "AMOUNT NOT TAXABLE IN ACCORDANCE WITH ARTICLE 8 FIRST CHART LETTER TO DPR 633/72"
6.HOW TO BEHAVE THE PACKAGE RECEIVING
When the courier makes the delivery, the customer must verify:
- that the package is intact, not damaged or wet and in any case conforms to the standard features of a package;
- that the personalized adhesive tape is intact and not tampered with;
- that the number of packages indicated on the waybill corresponds to the number of packages actually delivered.
Any disputes must be raised immediately to the carrier, in the absence of these, the product is considered delivered correctly.
If the package is damaged or tampered with on receipt of the goods:
- express a reservation: the package is accepted but before signing the document the customer must write "I accept with reserve right because the package has the following anomaly ..... (describe the damage that is observed on the package)". It will thus be possible, once the package is opened and any damage found, to be compensated for the damage suffered;
- to express to the carrier the unacceptability of the package for tampering: to refuse the package for tampered neck.
If the customer does not carry out these operations, OF retains the package regularly delivered.
7. TECHNICAL STANDARDS
OF products comply with the legislation and technical standards in force in Italy, consequently the customer assumes the responsibility of verifying any discrepancies that exist between the Italian standards and those of the country of destination of the products, keeping OF, which guarantees the performance of the products it sells only and exclusively in relation to uses, destinations, applications, tolerances, etc. expressly indicated by it.
8. PRODUCT WARRANTY
All products sold by OF are covered by the manufacturer's standard warranty and, for consumers only, by the legal guarantee of 24 months for lack of conformity, in accordance with articles 128 ss. Legislative Decree no. 206/2005 (Consumer Code). To use the warranty, the Customer must keep the invoice (or DDT) he will receive with the goods, and in cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the packaging original, complete in all its parts. The 24-month warranty pursuant to art. 128 et seq. Consumer Code applies to products that present a lack of conformity, provided that the product itself is used correctly, respecting its intended use and as provided in the attached technical documentation.
The product has a lack of conformity when:
- it is not suitable for the use to which goods of the same type must normally serve; • does not conform to the description or does not possess the qualities presented by the seller;
- does not offer the usual qualities and performance of a good of the same type, which the consumer can legitimately expect also taking into account the advertising and labeling of the good;
- it is not suitable for the particular use intended by the consumer, if brought to the attention of the seller at the time of purchase and accepted by the seller.
The Customer must notify the seller of the lack of conformity as soon as possible and in any case within two months of the discovery. The Customer can directly make the complaint in writing with a registered letter to be sent to the OF registered office or can contact the Chamber of Commerce or a consumer association. Communication is not necessary only if OF has recognized the existence of the defect or has hidden it. If the complaint has not had a positive outcome, the Customer can choose to activate procedures for out-of-court settlement of disputes through the Chambers of Commerce or consumer associations. In case of lack of conformity, OF provides, without cost to the Customer, for the restoration of conformity of the product by repair / replacement or reduction of the price, up to the termination of the contract. If the defect does not result in a lack of conformity, the Customer will be charged for any costs of verification and recovery required by the Authorized Assistance, as well as transport costs if incurred by OF. To obtain the Technical Assistance service during the warranty period, contact ONLY at the following email address email@example.com verifying the date of purchase. The material sent must be accompanied by a copy of the purchase invoice proving the purchase. OF reserves the right to invoice the customer for troubleshooting costs of at least € 20.00 and any intervention costs for products sent for repair that do not have manufacturing defects attributable to the product and its original components, but defects attributable to components added by the Customer, incorrect installation, tampering, or anything else that is not part of the original configuration of the product purchased. The transport document (DDT) must contain only the reasons "warranty repair account" (for products under warranty) or "repair account" (for products out of warranty). The DDT must be accompanied by copies of the purchase tax documents. The packaging must arrive in the "port FRANCO" mode, otherwise the carrier will not be collected.
The warranty terms expire in the following cases:
- carelessness, abuse, clumsy use, incorrect or improper use and installation;
- cuts to the inflatable caused by the use of blades or other for unpacking;
- electrical discharges and voltages that do not conform to the characteristics of the product, described in the manual or on the reference plates;
- with incorrect or improper installations, modifications not complying with the Manufacturer's specifications;
- from use of non-original accessories and consumables;
- for tampering with the product.
- for any intervention by the Customer on products under warranty, the same must be previously and exclusively authorized in writing by OF;
- for damages, accidents and breakdowns caused or deriving from transport or by unforeseeable causes, not dependent on OF;
- the warranty does not cover marginal defects that have a negligible effect on the value or functionality of the product.
In the event that, for any reason, it is unable to provide its Customer with a product under warranty (restored or replaced), OF may at its discretion return the full amount paid or replace it with a product of features equal or superior. All shipping costs will always be paid by the customer. No damage can be requested to OF for any delays in repairs or replacements. The conditions contained in this document may be modified without notice.
9. RIGHT OF WITHDRAWAL AND ITS EXCLUSION
The right of withdrawal can be exercised only in relation to contracts for the sale of goods or services, concluded at a distance, or outside the business premises, between the consumer and the professional, and only from the first to the second, not vice versa. By consumer we mean the natural person who acts for purposes unrelated to any entrepreneurial or professional activity performed. By professional, the natural or legal person acting in the exercise of his business or professional commercial activity is to be understood. The right of withdrawal is indispensable and not subject to penalties or limitations. Its exercise is not limited to the hypothesis of just cause, since the consumer can exercise the right of withdrawal without being obliged to provide any explanation about the reasons and causes for which he intends to terminate the contract. Any contrary clause, possibly present, would be considered void. The consumer alone has the right to withdraw without any penalty and without specifying the reason, within the term of 14 working days from the date of receipt of the Product, by sending a written communication to OF by registered letter with acknowledgment of receipt to the address of the registered office of the same. This rule will be applied only to Products delivered at home and not to Products withdrawn at the OF Point of Sale and in relation to the Products purchased in their entirety. The Products purchased must be returned within 14 days from the date on which the consumer informed OF of his decision to withdraw from the contract pursuant to Article 54, at OF's registered office in the same state in which they were received, must be intact and returned in the original sealed packaging, complete in all its parts (including packaging and any documentation and accessory equipment); if only one of the essential characteristics is returned deficient, OF cannot accept the return and the product will be returned to the customer. The returned Products will travel at the Customer's risk and danger until the acknowledgment of receipt at the OF point of sale. In the event of damage to the Products during return transport, OF will notify the customer of the incident (within 10 working days from receipt of the Products in the sales outlet), to allow him to file a timely complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured): in this case, the Product will be made available to the Customer for its return with consequent ineffectiveness of the withdrawal already exercised. In case of withdrawal exercised by the consumer correctly, OF will reimburse all the sums paid by the consumer, except for the additional costs, if the consumer has expressly chosen a type of delivery different from the least expensive type of delivery offered by OF. The reimbursement will take place free of charge, as soon as possible and in any case within 30 days from the date on which OF became aware of the exercise of the right of withdrawal by the consumer. The sums are intended to be reimbursed within the terms if they are actually returned, shipped or credited back with a value not later than the expiry of the previously indicated term. The only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the Products to the OF sender. Upon arrival at the point of sale, the product will be examined to assess any damage or tampering not caused by transport. If the original packaging and / or packaging is damaged, OF will deduct from the refund due a percentage, in any case not exceeding 30%, as a contribution to the costs of restoration or the return of the goods. OF will in no way be held responsible for damage, theft or loss of the Products returned by uninsured shipments. In the case of ineffectiveness of the right of withdrawal, OF will return the purchased Products to the Customer, charging the shipping costs to the Customer. The right of withdrawal may be exercised by completing and sending by registered letter A.R. to the address of the registered office of OF (as an alternative it is possible to send the same by means of P.E.C. to the following address firstname.lastname@example.org) of the model here attached CLICK HERE. The right of withdrawal is excluded in the case of supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, such as contact lenses or liquids.
10. COMPLAINTS AND CONTACTS
For any information, please contact: Ottica Franceschetto s.a.s., Via del Commercio, 69/1 Fossalta di Portogruaro 30025 VE Web site: www.otticafranceschetto.it For complaints or any other communication concerning the purchase by website, send mail to email@example.com
11. PURCHASES MADE WITH PUBLIC ACCESS
The Customer is advised that OF uses "cookies" - that is, small data files that contain references to information relating to the username provided by the Customer and stored on its fixed servers- to improve and facilitate the navigation of the Site by the Customer. For this reason, in the case of purchases made by the Customer via "Internet Point" or through other public accesses, the Customer is recommended to delete the aforementioned cookies and to close the browser at the end of the purchase operation. Failing this, the Customer's personal data could be viewed by subsequent users.
12. PROCESSING OF PERSONAL DATA
OF is the owner of the personal data collected at the time of registration on the Site, as well as of those subsequently communicated at the time of purchase by the Customer. For information relating to the processing of personal data, including the rights referred to in art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the SITE and always available there.
13. CUSTOMER OBLIGATIONS
The Customer is solely responsible for the truthfulness and correctness of the information and data provided to OF and requested by the latter through the SITE, and undertakes to promptly communicate any changes to the data entered. When confirming the purchase order, the Customer declares: a) to have read, understood and accepted the GCS; b) to authorize OF to the processing of personal data communicated at the time of purchase, and to transmit the personal data necessary for processing the payment according to the methods indicated. The Customer is responsible for the content of any contribution or message sent on the Site. The Customer can only send personal data strictly functional to the purpose of the communication sent, provided that this purpose is admitted pursuant to these general conditions and as reported on Site. The Customer must not send personal or third party sensitive data. Any sensitive data received via the Site will be immediately and permanently deleted by OF and will in no way be processed. The Customer cannot send confidential information concerning third parties to the Website.
Without prejudice to the applicability of the mandatory provisions of law for the protection of consumers, any non-consumer dispute connected with these general conditions will be referred to the exclusive jurisdiction of the Court of Pordenone.