Terms and Conditions
1. PURPOSE AND DEFINITION OF THE ON-LINE CONTRACT
The definition of “on line” contract implies a remote contract that has the purpose of purchasing goods and/or services stipulated by and between Eyesonoff S.r.l., with registered office in Rome (RM), Via di Grottarossa, 1274, 00189 hereinafter referred to as the “supplier”, recorded in the Rome companies register as No. 16909051001 and with VAT registration number 16909051001 and a client consumer, within the framework of a remote sales system organized by the Supplier that, for this contract, exclusively deploys the Internet technology. All contracts, therefore, will be concluded directly through the access by the client to the Internet site corresponding to address www.eyesonoff.com
The definition of client consumer, hereinafter referred to as the “consumer”, implies only the natural person that stipulates the contract for purposes that cannot be referred to the entrepreneurial or professional activity eventually carried out.
The term “client” simply means the generally implied purchaser, whether this be the Consumer.
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS AND THE CLIENT’S OBLIGATIONS
2.1. The contract stipulated between the Supplier and the Client must be understood as being concluded on the acceptance, even if only partial, of the order by the Supplier itself.
This acceptance is deemed as tacit, unless otherwise notified in any form by the Client, starting from the second day after the supplier has received the order. The latter, by placing an order by means of the various modalities envisaged, acknowledges having viewed all indications provided during the purchasing procedure and, consequently, integrally accepting the general and payment conditions provided hereunder.
2.2. The input of false and/or invented personal data in the data collection forms, necessary to the processing of the order, is strictly forbidden. Furthermore, the input of data pertaining to third parties or for performing multiple registrations relative to a single Client, is also forbidden. The Supplier reserves the right to institute legal proceedings for any violation and abuse, in the interest and protection of all Clients.
2.3. If the client is a Consumer, once the on-line purchasing procedure is concluded, it must print or save the electronic copy and, in any case, to save the present sales general conditions in compliance with the provisions of articles 3 and 4 of Leg. Dec. 185/1999 on remote sales. The issuing of the order confirmation, therefore, implies the full knowledge of the above provisions and their full acceptance.
2.4. Every right of the Client to claim for compensation or indemnification of damages from the Supplier, as well as ascribing to same any contractual or extra- contractual responsibility for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, are excluded.
3. SELLING PRICES AND PURCHASE MODALITIES
3.1. All selling prices of the products present and indicated within the www.eyesonoff.com site, constituting the offer to the public in compliance with art. 1336 of the civil code, are inclusive of VAT and packaging expenses. These prices can vary at any time without the Supplier having to give notice of any kind; in any case, once the order for the product has been placed, it will not be subject to any price variation.
The cost of shipping, both national and international, duly highlighted within the specific page of the site that the Client will have viewed prior to confirming the purchase, will be entirely for the Client’s account.
In case of shipping to foreign countries, possible additional costs due to taxes or duties envisaged by the legal norms in force in the Country of destination will also be for the Client’s account.
3.2. The Client can only purchase the products present in the catalogue at the time of placing the order and that can be viewed on-line at address www.eyesonoff.com, as described in the relative information charts. It is understood that the picture accompanying the product’s descriptive chart may not be perfectly representative of the relevant characteristics.
4. METHOD OF PAYMENT
4.1. Credit Card: by means of this method of payment, contextually with the conclusion of the on-line transaction, all financial information (credit card number, expiry date, etc.) will be automatically submitted, through an encrypted protocol, to the reference Banking Institution that will see to debiting the Client’s current account with the amount relative to the purchase made. Eyesonoff S.r.l. uses BNL (Banca Nazionale del Lavoro) PARIBAS, credit card payment system which accepts Visa, Visa Electron, Mastercard, Maestro. Eyesonoff also accepts PayPal.
4.2. In case of cancellation of the order, by either the Client, as described in subsequent article 8, or by the Supplier in case of non-acceptance of the order itself, the deletion of the transaction will be requested. Once the transaction deletion operation has been carried out, under no circumstances will the Supplier be deemed responsible for possible direct or indirect damages, caused by delays in the selfsame operation.
4.3. The Supplier reserves the right of requesting from the Client the submission of identity documents as proof of ownership of the credit Card utilized for the payment. In the absence of the documentation requested, the Supplier could reject the order, therefore not concluding the contract.
4.4. At no moment in the purchasing procedure will the Supplier have access to information relative to the purchaser’s credit card, transmitted through a protected connection directly to the site of the Banking Institution managing the transaction. No IT archive of the Supplier will save such data. Under no circumstance, therefore, can the Supplier be held responsible for the eventual fraudulent and unlawful use of credit cards by third parties, upon payment for products purchased.
5. SHIPPING AND DELIVERY MODALITIES
5.1. Shipping and delivery. The Supplier will take care of the delivery to Clients, at the address specified at the time of order placement, the products selected and ordered, according to the modalities as provided for in this article, from order acceptance through trustworthy couriers and/or shippers. Within 2/3 days from order acceptance for products “immediately available”, and within 15 days for products “not immediately available” The contract execution takes place upon consignment of the asset by the Supplier to the courier. In view of this, the Supplier cannot be held responsible in case of missed or delayed delivery nor for total or partial damage suffered by the goods in question. For these, only the courier entrusted with the shipping will be accountable.
5.2. At the time of delivery of the goods by the courier, the Client must check that the quantity of goods ordered corresponds with what is indicated in the transport waybill; that the packaging is not damaged or wet or, in any case, altered; this applies to the fastening materials as well. Eventual damages must immediately be notified to the courier carrying out the delivery.
Once the courier’s document has been signed, the Client will not be able to contest any of the exterior characteristics of the goods delivered.
5.3. Delivery times will not exceed those provided for by art. 6 of Leg. Dec. 185/99 (30 days from the date of order and/or of the receiving of the payment, if available at warehouse).The above-mentioned delivery terms refer to products ex warehouse stock at the time of order.
5.4. Delayed delivery. Possible delays in the delivery of the goods will not be able to be attributed or ascribed to the Supplier. Nor, under any circumstance, will the Supplier be responsible for damages caused by other Couriers, as regards the delayed delivery of the goods to the client or third parties, since the contract is considered as having been executed upon the consignment of the goods to the courier.
5.5. Non-delivery. On delivering the goods, should the Courier find no-one at the specified delivery address, they will see to depositing the goods to the storage indicated on the card that will be left at the intended delivery place. After thirty days storage, the goods will be returned to the Supplier and the Client will have no recourse to any rights. All expenses, direct and indirect, will be entirely for the Client’s account.
The Supplier will consider the payment of the goods in lieu of penalties, as well as for possible greater damages suffered.
5.6. Shipping expenses are for the Client’s account and are clearly and separately specified by the price of the goods or service, at the time of fulfilling the order, as provided for in the above-mentioned art. 3.
5.7. Invoicing. For every order placed on www.eyesonoff.com, the Supplier issues an accompanying invoice that lists all the items shipped and which is closed in a sealed envelope that is dispatched together with the goods.
For the issuing of the invoice, the information provided by the Client at the placement of the order will be utilized as the proof.
5.8. The non-correspondence of the goods ordered with those delivered will have to be immediately notified to the Supplier.
6. PRODUCTS AVAILABILITY
6.1. The Client will be able to purchase only the products indicated in the electronic catalogue made available, and in the quantities held in stock as shown in real time mode.
6.2. Should the goods not be available ex stock in the quantities wanted by the Client, he will be able to contact the Supplier via e-mail in order to receive all information necessary on the product and on the timing envisaged for stock provisioning of same.
7.1. The Supplier will not be held responsible for inefficiencies attributable to causes of force majeure and/or for fortuitous instances such as incidents, thefts and/or robberies involving the courier entrusted with the shipment, fires, explosions, strikes and/or shut-downs, earthquakes, floods and other similar events that might impede, totally or partially, the fulfilling of orders within the timing and modalities agreed upon at the stipulation of the contract.
7.2. Furthermore, the Supplier will not be responsible towards anyone as regards to damages, losses and costs sustained following the non-execution of the contract for the above-mentioned causes, since the Client will only have the right to the refund of the price paid, which will be the responsibility of the Forwarding Agent, who will therefore be the sole party responsible.
8. RIGHT OF WITHDRAWAL
8.1. In compliance with art. 5 of Leg. Dec. 185/1999 should the client be a Consumer, he will have the right to withdraw from the purchasing contract for whatever reason, without the need to provide explanations and without any penalty being imposed, without prejudice to the provisions of the present article. It is specified that this right is reserved exclusively to natural persons, and to those consumer clients that, in compliance with the provisions of art. 1, purchase the goods for purposes not referable to and outside of their professional activity.
To exercise this right, the Consumer will have to notify the Supplier of his wish to withdraw, within 14 working days from the date of the goods having been received, using the appropriate return form.
This notification will have to be sent by email to firstname.lastname@example.org always within the above-mentioned 14-day term. Once the above-mentioned notification of withdrawal has been received, the Supplier will promptly notify the Consumer of the instructions on the modalities through which the goods, undamaged and in the original packaging will have to be returned, which will have to take place within the subsequent 48 hours.
8.2. In any case, the right of withdrawal is subjected to the following conditions:
– said right applies to the product purchased in its entirety, and the right to withdrawal cannot be exercised on a part only of the product purchased:
– the asset purchased will have to be undamaged and will be returned in its original packing, complete in all its parts (including packaging and eventual documentation and accessory supplied), without anything missing.
– such right will not apply to products manufactured according to specific measurements or that have clearly been personalized.
8.3. The shipping expenses relative to the return of goods are entirely for the Consumer’s account. The goods, until certification of reception at the Supplier’s warehouse has been provided, will continue to be the complete responsibility of the Consumer. In any case, the Supplier is not responsible in any way for damages or theft/misplacement of goods returned by means of uninsured shipping.
8.4. In case of withdrawal, the Supplier will see to refunding the Consumer the entire amount already paid, within 14 days starting from the date of reception of the goods, using the same means used for payment.
The client may also ask to be reimbursed with PayPal. Eyesonoff S.r.l. operates from the European Union: for this reason, all transactions, even in foreign currency, are converted into Euros following payment by the consumer. The currency amount is calculated on the exchange rate on the day the repayment is made. The risks related to the change are therefore charged to the consumer.
8.5. The right of withdrawal lapses, should the essential condition of the asset being undamaged not be complied with (packing and/or contents), in the cases in which the Supplier has ascertained:
– the original exterior packing and/or inner packaging being missing;
– the absence of the product’s integrating elements;
– damage to the products for causes other than its transportation.
In the case of loss of the right of withdrawal, the Supplier will attend to returning the purchased asset to the sending Consumer, debiting the latter with the relevant shipping expenses.
9.1. All products sold by the Supplier are supported by the Legal Guarantee of conformity provided for by articles 128 et seq. of the Consumer Code. The Legal Guarantee applies to conformity defects that occur within 24 months of product delivery and are reported by the Consumer Customer within 2 months following the discovery of the defects themselves, in accordance with art. 132 of the Consumer Code. To benefit from this guarantee, the Customer must provide the accompanying invoice which he will receive upon delivery.
9.2. The guarantee applies to products that present lack of conformity and/or malfunctions that cannot be detected upon purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its intended use and with the provisions of any documentation attached.
Eyesonoff cannot under any circumstances be held responsible for:
– Defects deriving from improper, incorrect or abusive use of the product by the Customer;
– Normal wear and tear and aging of the product;
– Lack of care or maintenance;
– Neglect or accidents;
– Product alterations by the Customer or a third part;
– Non-compliance with warnings for correct use of the products;
– Any manipulation of Eyesonoff products by an unauthorized person.
GIURISDICTION AND COMPETENT COURT
10.1. The sales contract between the Client and the Supplier is intended as stipulated in Italy and is governed by Italian Law.
10.2. For the solutions of civil and penal disputes deriving from the stipulation of the present remote sales contract, the territorial competence is exclusively that of the Court in whose precinct the Consumer has his domicile, if this is within the Italian State territory.