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The offer and sale of products on our website ("http s ://www. anticaocchialeria .com") are governed by these General Conditions of Sale.
1. Supplier identification
The products covered by these conditions are offered for sale on www.anticaocchialeria.com directly by ORUM OCCHIALI SRL with registered office in Italy, Via San Gallo 130R, 5012 9 Florence, CF/VAT number. 04621640483 ; e-mail: [email protected]
You may request any information from ORUM OCCHIALI SRL, via our support services at [email protected] .
2.1 In this text, the term “we” or “Seller” refers to ORUM OCCHIALI SRL (hereinafter only “ ORUM OCCHIALI ” ), with registered office in Italy, Via San Gallo 130R, 5012 9 Florence, CF/VAT no. 04621640483 .
2.2 “You” or “Buyer” refers to our customers.
In particular, with the term " consumer " we refer to any natural person who acts on www.anticaocchialeria.com with purposes NOT related to his commercial, entrepreneurial or professional activity, possibly carried out. In this case, by accepting these terms and conditions the buyer expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out.
When we talk about " reseller " and/or " professional " we are referring to any natural person who acts on www.anticaocchialeria.com for purposes related to their commercial, entrepreneurial or professional activity.
3. Object of the Contract
3.1 These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on www.anticaocchialeria.com between the users of anticaocchialeria.com and the Seller.
3.2. The products referred to in the previous point are illustrated on the web page www.anticaocchialeria.com
The essential characteristics of the products are presented on www.anticaocchialeria.com within each product sheet. However, the images and colors of the products offered for sale on www.anticaocchialeria.com may not correspond to the real ones due to the Internet browser and monitor used.
Furthermore, these are products with artisanal characteristics. Each creation by ANTICA OCCHIALERIA is unique: differences may occur with the images reproduced on www.anticaocchialeria.com, especially with regard to color shades, with the consequence that all reproductions are intended as indicative only.
3.3 The General Conditions of Sale do not however regulate the supply of services or the sale of products by parties other than the Seller who are present on www.anticaocchialeria.com via links, banners or other hyperlinks. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of sales operations. electronic commerce between users of www.anticaocchialeria.com and third parties.
4. Our commercial policy
4.1 The Seller offers its products for sale on www.anticaocchialeria.com and carries out its electronic commerce activity exclusively towards its end users who are "consumers" or "resellers and/or professionals".
5. How to conclude the contract with ORUM OCCHIALI SRL .
5.1 The contract between the Seller and the Buyer is concluded via the internet by the Buyer accessing the address www.anticaocchialeria.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods referred to in point 3.2.
5.2 The printable order form contains the General Conditions of Sale (including withdrawal and return), the details of the orderer and the order, as well as a summary of the information on the essential characteristics of each product ordered and the relative price ( including all applicable taxes or duties); the means of payment that you can use to purchase each product; the delivery methods of the purchased products; shipping and delivery costs.
5.3 When the Seller receives the order from the Buyer, it sends a summary email or displays a printable web page confirming and summarizing the order, which also contains the data recalled. in the previous point.
5.4 The order form will be archived in our database for the period of time necessary to process the orders and in any case within the terms of the law.
5.5 Before proceeding with the transmission of the order form, you will also be asked to identify and correct any data entry errors.
5.6 The languages available to conclude the contract with the Seller are Italian and English.
5.7 By placing an order, the Buyer makes a purchase offer for the products chosen on the basis of these terms and conditions. We will be free to accept or reject this proposal.
5.8. If your order is accepted, we will notify you of acceptance by issuing an order confirmation which will be sent to you via e-mail. The order confirmation will be effective upon sending. If the order is not accepted, the contract is not considered perfected and effective between the parties. We reserve the right to contact you via e-mail or telephone in order to verify the possibility of a different solution.
5.9 The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
5.10 We undertake to do everything possible to supply the products indicated in the order confirmation. However, it may happen that we will not be able to supply these products because, for example, they are no longer in production or at our disposal, or because the stocks in the warehouse have run out, or because we will no longer be able to guarantee the supply of the materials raw materials for their production. It could also happen that the order is not valid due to a material error in the price indication on the website www.anticaocchialeria.com. In this eventuality, we will contact you promptly and in any case within thirty (30) days starting from the day following the day of transmission of the order, to inform you and to propose alternative products that you could purchase. In the event that you decide not to accept our proposals, we will cancel your order relating to the products that we are not able to supply and we will refund you the amount paid in relation to your order. In any case, in the event that we are not able to deliver the products ordered by you, our liability will not go beyond the refund to you of the amounts paid by you.
5.11 The advertising information contained on the website www.anticaocchialeria.com constitutes an invitation to negotiation. None of this information can be considered as an offer to supply products.
5.12 The Seller, in addition to the unavailability of the products, may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect.
In these cases, we will inform you by email that the contract is not concluded and that the Seller has not followed up on your purchase order, specifying the reasons.
5.13 By electronically transmitting the order form, you unconditionally accept and undertake to observe, in relations with the Seller, these General Conditions of Sale. If you do not agree with some of the terms set out in the General Conditions of Sale, we invite you not to submit the order form for the purchase of products on www.anticaocchialeria.com.
5.15 Once the contract has been concluded, the Seller will send you, by e-mail, a receipt of the purchase order, containing a summary of the information already contained in the order form (information relating to the essential characteristics of the product and the detailed indication of the price, means of payment and delivery costs).
5.16 Purchase requests from countries not included among those authorized for purchasing cannot be accepted by the Seller. In these countries, deliveries cannot even be made.
6. Indication of product prices
6.1 On www.anticaocchialeria.com only ANTICA OCCHIALERIA branded goods are offered . Irregular products or products of lower quality than the corresponding market standards are not sold.
6.2 All sales prices of the products displayed on the website www.anticaocchialeria.com are expressed in EURO.
Product prices may be subject to updates. We advise you to check the final sales price before submitting the relevant order form.
The price of the products will be that indicated on the invoice.
VAT will be payable at the rate indicated on the invoice.
Delivery costs, where applicable, will be indicated on the invoice.
6.3 The Seller, in the event of exercising the right of withdrawal, has the right not to accept the return of products that have been altered in their essential and qualitative characteristics or that have been damaged in any way.
7.1 If you are a consumer (art. 2.2) the Seller is liable for any lack of conformity that occurs within two years of delivery of the goods.
7.2 For the purposes of this contract, it is presumed that consumer goods comply with the contract if a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type that the consumer can reasonably expect taking into account the nature of the good and the public declarations made in this regard by the manufacturer or his agent or representative, in particular with regard to advertising or labelling.
7.3 The Buyer loses all rights if he does not report the lack of conformity to the Seller within two (2) months from the date on which the defect was discovered. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it.
7.4 In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within six (6) months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
7.5 In case of lack of conformity, the Buyer may request, alternately and without charge, under the conditions indicated below a) the repair or replacement of the purchased good; b) the reduction of the purchase price; c) the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code.
7.6 The request must be sent in written form, by registered mail with return receipt or by e-mail, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven (7) business days from receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods.
7.7 If repair and replacement are impossible or excessively burdensome, or the Seller has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the The Buyer may request, at his/her choice, an appropriate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Seller, who will indicate his willingness to process the same, or the reasons that prevent him from doing so, within seven (7) working days of receipt.
7.8 In the same communication, where the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods.
In such cases, it will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Seller.
7.9 If you are NOT a consumer, the articles will apply. 1490 and following of the Civil Code and, in any case, the regulations established by the Civil Code.
7.10 In any case, alterations to the color shades of the products which cannot be excluded may occur over time are not covered by the guarantee. These are, in fact, not vices or defects of conformity but natural characteristics of the products and their craftsmanship characteristics, and therefore to be understood as synonymous with the high quality of all ANTICA OCCHIALERIA products .
8. Payments and refunds
8.1 To pay the price of the products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form.
8.2 In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiration date) will be forwarded, via encrypted protocol, to Paypal or to other banks that provide the relevant services remote electronic payment, without third parties being able to have access to it in any way. ANTICA OCCHIALERIA is not at any time able to access the financial information which always remains encrypted. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any product returns, following exercise of your right of withdrawal, or if it becomes necessary. prevent or report to the police the commission of fraud on www.anticaocchialeria.com. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your current account at the time of shipment of the purchased products.
8.3 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal as regulated in the art. 11, at most within 15 days from the date on which the Seller became aware of the withdrawal.
8.4 In case of exercise of the right of withdrawal, it remains the case that, pursuant to Legislative Decree. n. 21/2014, the refund may in any case be withheld by the seller until he has received the goods or until the consumer has given irrefutable proof of having sent the goods.
9. Shipping and delivery of products
9.1 To find out the specific shipping and delivery methods of the products, view the appropriate sheet on the product pages. Please pay attention to what is reported in this section because the information contained therein forms an integral and substantial part of these General Conditions of Sale and, therefore, are considered to be fully known and accepted by you at the time of transmission of the order form.
9.2 The Customer expressly declares that he knows that delivery will take place at the Seller's operational headquarters, located in Italy, Via San Gallo 130R , 50 129 Florence , F I.
The physical delivery of the purchased product to the buyer will take place via a third-party shipper with respect to the Seller and chosen by the Customer.
10. Customer support and complaints
10.1 You can request any information through our assistance services: contact Customer Service via email. For further information you can consult the "contact us" section.
10.2 Any complaints will be considered valid only if sent to ANTICA OCCHIALERIA, Via San Gallo 130R , 50 129 Florence , F I , Italy, or sent via e-mail to the following address info @anticaocchialeria.com. The Buyer indicates in the registration form his residence or domicile and the email address to which he wishes communications from the Seller to be sent.
11. Right of withdrawal
11.1 If you are a consumer (see art. 2.2. of these terms and conditions of sale), you have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days , starting from the day of receipt of the products purchased on the website www.anticaocchialeria.com.
11.2 In this case, you must return the products to the Seller by requesting collection from your home.
11.3 If you decide to return part or all of the items purchased, this is the procedure to follow:
1 – Give notice, within the peremptory deadline of fourteen (14) working days from the day of receipt of the goods, by registered mail with acknowledgment of receipt to be sent to ANTICA OCCHIALERIA Via San Gallo 130R , 50 129 Florence , F I , Italy, of its intention to return the items. The communication can also be sent, within the same deadline, via e-mail to the address info @anticaocchialeria.com. To speed up response times and management of procedures, we ask you to include your name and surname, the words "RETURN ITEMS" and the order number in the subject of the registered letter or e-mail.
Alternatively, you can go to the website www.anticaocchialeria.com, contact us section, making sure to provide the following details:
- complete address where to collect the products;
- telephone number of a contact.
11.4 From the moment the purchased products are returned to the courier indicated by the Seller in the return form, the Seller exonerates you from any responsibility in the event of loss or damage to the products during transport.
11.5 The right of withdrawal - in addition to compliance with the terms and methods described in the previous points 11.1, 11.2, 11.3 and 11.4 - is considered exercised correctly if the following conditions are also fully respected:
- the products must not have been used or damaged;
- the products must be returned in their original packaging;
- the returned products must be sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept goods from the same order, returned and shipped at different times;
- the goods purchased must not have been tailor-made or clearly personalized;
- the returned products must be delivered to the shipping company without delay and in any case within fourteen (14) days from the date on which the decision to exercise the right of withdrawal pursuant to art. 11 of this contract.
11.6 If the right of withdrawal is exercised following the methods and terms indicated in this paragraph, the Seller will reimburse any sums already collected both for the purchase of the products and, in accordance with the law, for shipping to the Customer. The refund will be made by reversing the payment made by credit card or Paypal. If the payment was made by cash on delivery, an email requesting the IBAN code will be sent to the address for which you wish to receive the refund.
11.7. The only costs payable by the consumer for exercising the right of withdrawal pursuant to these articles are the costs of returning the goods to the sender.
Furthermore, the Seller is not obliged to reimburse additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
11.8 If the methods and terms for exercising your right of withdrawal are not respected, as specified in this paragraph, you will not be entitled to a refund of the sums already paid to the Seller.
12. Refund times and methods
12.1 After returning the products, the Seller carries out the necessary checks relating to their conformity with the conditions and terms indicated in paragraph 11. In the event that the checks are concluded positively, the Seller will send the Buyer via e-mail , the relevant confirmation of acceptance of the products thus returned.
12.2 Once the correct execution of the terms and conditions indicated above has been verified, as indicated in paragraph 11, the sums will be reimbursed as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the your right of withdrawal.
In any case, the Seller may withhold the refund until it has received the goods or until the consumer has provided irrefutable proof of having sent the goods back.
12.3 If there is no correspondence between the recipient of the products indicated in the order form and the person who paid the sums due for their purchase, the reimbursement of the sums, in the event of exercise of the right of withdrawal, will be carried out by the Seller, in any case, towards the person who made the payment.
13.2 We also ask you to read, if you have not already done so, our General Conditions of Sale because they contain important information on how we process the personal data of our users and on the security systems adopted.
14. Data Protection
14.1 By placing the order, you accept that ANTICA OCCHIALERIA may store, process and use the data contained in the order for the purpose of executing your Order. Some of the information you provide to us will be transferred by us to the companies we use to ship the products. If you have requested financing to pay for the products ordered, the information you provide will be transferred to the companies that procured the financing for the purchase. Upon specific written request, you may obtain a copy of the data concerning you in our possession. The related costs will be your sole responsibility. If the data in our possession concerning you is incorrect, we will correct it following your written request. Your personal data indicated in the order will be collected, recorded and processed by ANTICA OCCHIALERIA, data controller.
15. Applicable law and dispute resolution
15.1 The General Conditions of Sale are governed by Italian law and in particular by legislative decree 6 September 2005 n. 206 (Consumer Code) and subsequent amendments with specific reference to the legislation regarding distance contracts and the legislative decree of 21 February 2014 n. 21 on certain aspects concerning electronic commerce.
16. Force majeure and limitations of liability
16.1 We will use our best endeavors to perform all obligations assumed under this Agreement. We will in any case be exonerated from any liability in the event of delays or failures caused by circumstances beyond our control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16.2 The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its sub-suppliers.
16.3 The Seller will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges supported.
16.4. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased.
17. Modification and updating
17.1 The General Conditions of Sale are modified from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on www.anticaocchialeria.com.
18. Applicable law and competent court
18.1 This Contract is governed by the laws of the Italian Republic, which regulates its conclusion, execution, possible withdrawal and/or termination, and on the basis of which it will be interpreted. For any dispute inherent and/or deriving from this Contract or its execution, the Court of Florence will have exclusive jurisdiction.