Terms and Conditions of Sale
ABOUT THESE TERMS AND CONDITIONS OF SALE
These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at lespiecesuniques.com (the “Site”). The Site and the goods supplied through it are provided by MDM Occhiali S.r.l., a company incorporated in Italy, VAT 06632600968, subscribed share capital Euro 10.000,00, R.E.A. Milan n. 000001904657, with headquarters at Corso Giuseppe Garibaldi, 49, 20121, Milan, Italy, telephone number +39 02-29002181, (referred to here as “MDM”, “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.
We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
Nothing in these Terms and Conditions of Sale will affect your legal rights. If you have any questions or requests about the Terms of Sale, any of the Additional Policies, the goods or the Site, please contact us by e-mail at email@example.com
PART A – INFORMATION ABOUT THE SITE AND THE GOODS
This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.
INFORMATION PROVIDED ON THE SITE
- We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all mistakes in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
- Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that:
- the colours of goods as shown on the Site will depend on many factors – including your display settings;
- the actual sizes and shapes of the goods may differ from how they appear on your screen. Please note that relevant technical information is provided for each item for sale on the Site;
- pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
- all goods are subject to availability and we may not be able to supply your order. We also reserve the right to withdraw any goods from sale at any time;
- we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, in line with the applicable provisions of law and the present terms and conditions, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only. Actual delivery dates may vary. Further delivery details may be available on our delivery service provider’s tracking website. Please see PART B below for more information about delivery;
- not all goods and promotions that are offered on the Site will be available in our authorized dealers’ stores, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion on this website.
- We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
It is your responsibility to ensure that any login details or password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
PART B – BUYING GOODS
This PART B sets out the terms that apply to your purchase of goods from the Site.
- Placing your Order
- Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site. You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment.
- We use a third party card authorization service to verify that your details are correct and to manage payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes.
- When you place an order for goods via the Site, your order constitutes your binding offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
- In cases where we find a lack of correctness in our verification of your details relating your credit or debit, the purchase process can by delayed, suspended or interrupted.
After placing an order with us, you will access an order confirmation webpage and receive an order reception confirmation email (together the “Order Confirmations” or, individually the “Order Confirmation”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please read carefully all the information of the Order Confirmation.
- The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery, an order number, the link of the website with the Terms of Sales and Additional Policies, including the information on the right of withdrawal, on the applicable taxes, and all mandatory information provided by the law.
- The Order Confirmations represent your binding will to buy the goods and your authorization to take the amount on the credit / debit card.
- Order Acceptance
- All orders are subject to acceptance by us. We will confirm acceptance, sending you an email that confirms that, all, or part of the goods ordered, have been dispatched (the “Shipping Confirmation”). We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
- Once your order has been shipped, you will get via email the receipt or invoice that will be made available to you also on the Site in the section Order History. The receipt/invoice email constitutes the VAT receipt for your goods.
- You should print off a copy of the invoice email together with a copy of these Terms of Sale and the Additional Policies and keep them safe. You will need to refer to these details when contacting us about your order.
- Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before the relevant goods have been dispatched. Should we refuse your order we will notify you as soon as reasonably possible.
- If you submit an order for prescription spectacles, You represent that you are not registered blind or partially sighted and accept that you will be required to submit details of a prescription from a suitably qualified person obtained within the last 24 months and, when requested, any other detail of your current prescription (including any notes on the prescription). Your order will be subject to receipt and verification of such prescription. You consent to us contacting your optician to verify your prescription. If considered necessary or appropriate before an order is accepted, we have absolute discretion: (a) to contact directly, or request that you contact, the optician who provided your prescription to verify and/or discuss your prescription; (b) to request that you obtain your pupillary distance measurement from your optician; or (c) request that you obtain a new written prescription from your optician.
- All prices shown on the Site are inclusive of VAT and other applicable taxes for orders within Italy and Countries part of the EU. For orders shipped in Countries extra-EU, there can be applied taxes at the delivery of the shipment and/or at the arrival of the shipment at the customs, such as duties, etc… (“Duties”) that, at the moment of the Shipping Confirmation, could not be foreseen by MDM. The user agrees that these Duties will be totally at his expense. Moreover, a shipping cost, as defined later, shall be added to the prices indicated on the Site.
- We will take payment from your credit or debit card after the order confirmation and, in any case, before the user will get the Shipping Confirmation. You will receive an email detailing what items have shipped from your order and the cost to ship these items. If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. We will contact you if we have any problems taking payment from the card details you provide during the order process.
- Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order except for the possible shipping costs and to any Duties.
- Pricing Errors
- Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If, before the Shipping Confirmation email, we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order
- If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
- The Order Confirmations will include general information about your order and the address of shipment. We will then send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider’s website.
- Delivery will take place at the delivery address specified by you during the order process.
- Regarding the shipping costs applied to all articles sold through the website lespiecesuniques.com, it is represented that:
- MDM offers Free Shipping to all orders within Italian Territory
- MDM applies a shipping cost of 9,90 Euro to all orders shipped in countries within European Union (“EU Countries”)
- MDM applies a shipping cost of 19,90 Euro to all orders shipped in countries outside European Union (”Extra-EU Countries”)
For orders shipped in EU Countries (except Italy) and in Extra-EU Countries, MDM offers Free Shipping for orders equal or higher than 250,00 Euro.
- We estimate that Orders can be delivered in approximately 10 business days starting from the day we send out our Shipment Confirmation. Air Shipment to P.O. boxes is not possible.
- For all enquires please Contact us at firstname.lastname@example.org.
- Once the goods have been delivered to you and you have taken the physical possession of the goods, you become the owner of those goods and from that point they will be at your risk.
- On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods in accordance with the Warranty Policy under Part D of the present Terms of Sale
PART C – CANCELLING YOUR ORDER AND RETURNING GOODS
- Right of withdrawal. We offer the right to withdraw from the contract within a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after you acquire physical possession of the goods as the law affords to customers. You can withdraw from all or part of the contract.
- You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods. Please see “Returns Policy” under Part D of these Terms of Sale for the terms and conditions applicable to your rights of withdrawal and refund.
- Faulty goods. If you find the goods that have been delivered to be misdescribed, or damaged or faulty and we cannot remedy the fault to your reasonable satisfaction then these goods can be returned without prejudice of any other rights granted by law. Please read our Returns Policy for more information about returning the goods.
PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
Details of your guarantee rights in respect of each product type are set out in our Guarantee Policy. These guarantees are in addition to and do not affect your legal rights as a consumer.
- Events Beyond Our Reasonable Control
We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is unforeseeable, irresistible and beyond our control.
In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
- Online Dispute Resolution
If you have a problem with us regarding a product you bought on lespiecesuniques.com you can settle the dispute out of court through an online platform available in all EU member states languages, at https://ec.europa.eu/info/policies/consumers_en.
For questions, clarifications and for the purpose of any claim through the ODR Platform contact us here.
- Governing Law
This agreement is governed and shall be construed in accordance with Italian law without prejudice to your rights under law which cannot be otherwise excluded.