PREAMBLE
These general conditions of sale govern the relationship between, on the one hand, Silvana Miotto, owner of the website www.veneziaoroeocchiali.com, with registered office in Campo San Canzian, Cannaregio 5993, Venezia (Italy), VAT 0355110248, and on the other hand,
Any person making a remote purchase via the veneziaoroeocchiali.com or visiting the same website, hereinafter referred to as “the Customer”.
Any joint mention of Silvana Miotto and the Client shall be made in this contract under the name “the Parties”.
The Parties agree that orders placed with www.veneziaoroeocchiali.com via the Internet are governed exclusively by this contract, to the exclusion of any other conditions that may be available on the website www.veneziaoroeocchiali.com
Any Internet user can read the general terms and conditions of sale on the site. These general terms and conditions of sale may be subject to change, the applicable conditions are those in force on the site on the date of placing your order.
ARTICLE 1 – CAPACITY
The Customer declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an order on the website.
ARTICLE 2 – PRICES
The prices of the products are inclusive of all taxes excluding shipping costs for purchases within the European Union. For purchases outside the European Union, prices do not take into account taxes and customs applied locally.
ARTICLE 3 – ORDER
3.1 – The Customer declares that he has read and accepted these general terms and conditions of sale before placing the order.
3.2 – The order must be entered on the website www.veneziaoroeocchiali.com
3.3 – The Parties mutually acknowledge that the products presented on the website may no longer be available or for sale at the time of ordering.
3.4 – When registering his personal information in the order form or on “my account” section, the customer must ensure the accuracy and completeness of the mandatory data provided. Any subsequent changes must be mentioned as soon as possible.
3.5 – Silvana Miotto reserves the right to suspend or close a customer’s account if it violates the provisions of the general terms and conditions of sale. Any person whose account has been suspended or closed may not subsequently order on the website www.veneziaoroeocchiali.com without their prior authorization.
ARTICLE 4 – VALIDATION OF THE ORDER
4.1 – A confirmation email constituting acceptance of the order by Silvana Miotto and summarizing the content of the order (products, prices, quantity…) will be sent to the Customer by Silvana Miotto.
4.2 – The Internet sales contract will be concluded at the moment when the Customer, after having had the opportunity to verify the details of his order (content and total price) and to rectify the content, will confirm it to Silvana Miotto by its final acceptance which will be considered effective after validation by the Customer of the online payment.
4.3 – Any order confirmed by online payment is equivalent to the conclusion of the sales contract and correlatively acceptance of the prices, description and quantity of the products as well as the clauses contained in these general terms and conditions of sale.
ARTICLE 5 – AVAILABILITY OF EYEGLASSES
5.1 – Silvana Miotto makes every effort to keep the site up to date with eyeglasses stocks. Nevertheless, stock shortages are possible. In this case, Silvana Miotto undertakes to reimburse the customer for the sums paid.
5.2 – If the eyeglasses are not available after confirmation of the order (article 3), Silvana Miotto will inform the Customer as soon as possible by e-mail or by post. The Customer may not obtain any compensation or compensation other than the simple reimbursement of the product if it has actually been paid.
5.3 – The refund will be made at Silvana Miotto’s discretion by crediting the customer’s bank account or by cheque at the latest within fifteen days of payment of the sums paid by the customer.
ARTICLE 6 – DELIVERY
6.1 – Silvana Miotto endeavours to ensure its deliveries from the receipt of the order and payment:
- ONLY FRAME 10 business days,
- SINGLE VISION LENSES up to 3 days,
- MULTIFOCAL/PROGRESSIVE LENSES up to 8 days,
- INTERNATIONAL SHIP TO U.E. 7-10 days,
- INTERNATIONAL SHIP TO EXTRA U.E. up to 14 days.
6.2 – The products are delivered to the delivery address indicated at the time of ordering.
6.3 – Ownership of the goods and the risks associated with them are transferred to the Customer at the time of delivery, i.e. from the time the Customer takes possession of them.
6.4 – The reservations that the Customer may make during delivery will only be admissible to the extent that they denounce a non-conformity of the delivery with the quantities of products mentioned in the order.
6.5 – Any reservation concerning the quantity of the delivered products must be notified to the carrier at the time of delivery of the product. A copy of this notification from the carrier must be sent by the Customer to Silvana Miotto (by e-mail) no later than 12 hours after these reservations have been made.
6.6 – In the event of non-conformity of the delivered products with the order, the Customer must send Silvana Miotto a letter or an e-mail of dispute. Silvana Miotto will, as the case may be, exchange or retouch the product(s). The request must be made within seven (14) business days of delivery of the products. Any complaint made after this deadline will not be accepted. Products must be returned to Silvana Miotto in the same condition as the customer received them. Shipping costs will be charged to the customer.
ARTICLE 7 – PAYMENT
7.1 – Payment by credit card.
7.1.1 – The customer can pay online by credit card for his purchases via the secure payment module. The credit card number, expiry date and visual cryptogram are encrypted and transmitted via the SSL secure protocol to the Stripe online payment system without Silvana Miotto or third parties having access to it. This same information will only be used again in the event of possible returns, in order to make the corresponding refunds.
7.1.2 – The amount of the order placed on the Internet is debited from the customer’s account at the time of validation of the payment.
7.1.3 – The data recorded and stored by Silvana Miotto constitutes proof of the order and all past transactions. The data recorded by the payment system constitutes proof of financial transactions.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 – For all our custom-made products….
ARTICLE 9 – WARRANTY / LIABILITY
9.1 – The products comply with Italian legislation.
9.2 – All our frames have a manufacturer’s warranty within 24 months from the date of purchase, if the same frame is still available in production line. All the frames include their own case and microfiber.
9.3 – Silvana Miotto has, for all stages of access to the site, only an obligation of means. Silvana Miotto cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion, the presence of computer viruses, or any fact qualified as force majeure, in accordance with case law.
9.4 – The Client acknowledges and accepts that, to the fullest extent permitted by applicable law, Silvana Miotto shall not be liable for any direct, indirect, incidental or consequential damages or compensation for moral damages, costs, losses, revenue shortfalls or profits or liabilities of any kind (even if the occurrence of such damages was known or could have been foreseen by Silvana Miotto), which may arise from the use or inability to use the site or its content.
ARTICLE 10 – REFUND
10.1 – Refunds of products in the cases referred to in Article 8.2 shall be made within 15 days or less after receipt of the products by Silvana Miotto. The refund will be made in the same form as the one used by the Customer to pay for his order: by credit to the customer’s bank account or by bank cheque sent in the name of the Customer by post to the billing address.
10.2 – Except as set out in Article 8.2 of this contract, no cash on delivery will be accepted for any reason whatsoever.
ARTICLE 11 – CUSTOMER SERVICE
11.1 – For any information or question, Customer Service is available to the customer at the following addresses: Venezia.oro.occhiali@gmail.com
ARTICLE 12 – APPLICABLE LAW – DISPUTES
12.1 – This contract is subject to Italian law and the Vienna Convention on Contracts for the International Sale of Goods. All disputes relating to the commercial relationship between the parties are subject to the exclusive jurisdiction of the Italian courts.
ARTICLE 13 – PERSONAL DATA
13.1 – Silvana Miotto undertakes to protect the personal data provided by the Client. All personal data collected by www.veneziaoroeocchiali.com are treated with the strictest confidentiality, and are subject to the Italian law l. 196 del 2003.