Akiniai Naujos kolekcijos 2024
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General Conditions

General Conditions of Sale, in force from 07/22/2022.

PREMISE

This information is provided for the site https://www.estheroptica.lt/ (Site).

Seller data: MB ESTHEROPTICA , J. Tallat-Kelpšos g. 5, 68152 Marijampolė – Lietuva, Įmonės kodas 305442801 , VAT LT100016315916, Email: [email protected] (Seller).

Art. 1 Scope of application

1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 If made possible by the Site, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, I paragraph, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). Please note that the quality of Consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out. If, however, the possibility of entering the VAT number (his or that of a legal person) is given, this implies a purchase as a “Professional”, pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. The natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of Professional. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.

1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the computer systems or computers used to view them.

1.4 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks.

1.7 Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale.

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such entities.

1.9 The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same

1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.11 Unless otherwise agreed with the Seller, it is not possible to send orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.

1.12 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any process whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.

1.13 The Seller will in no event be liable to you or any third party for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from use or inability to use the Site. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and updated.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller’s server.

2.2 You undertake to immediately inform the Seller if you suspect or become aware of any misuse or disclosure of any information you have entered on the Site.

2.3 You guarantee that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.

2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.

2.5 To place orders on the Site it is not necessary to accept these General Conditions of Sale. In any case, sending the purchase order constitutes acceptance of this document.

2.6 On the Site: (i) no alcoholic products are sold; (ii) no adult products are sold; (iii) no food products are sold.

2.7 After purchasing, you will receive an order confirmation email.

Art. 3 Availability of Products

3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.

3.2 Information on the availability of the Products is available on the Site.

3.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract. In any case, please consider that before requesting termination of the contract, the Seller reserves the right to implement these measures:

If restocking is not possible, the Seller will provide a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.

If a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.

3.4 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will refund the refund within a maximum of 10 days.

3.5 In the event that you exercise the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due pursuant to the provisions of the “Payment Method” article below.

Art. 4 Prices

4.1 On the Site the prices include VAT.

4.2 Furthermore, on the Site the prices do not include the WEEE contribution as Products are sold that are not subject to the relevant regulations.

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any possible variations (increasing or decreasing) following the transmission of the same.

4.4 Whether or not the shipping costs of the Products are free is indicated from time to time (in the purchase process, in the product sheet or in any case on the Site itself).

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.

4.6 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.

Art. 5 Payment methods

5.1 This article describes the payment methods available on the Site.

5.2 On the Site you can purchase using payment cards. The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user’s identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

5.3 On the Site it is possible to pay by bank transfer.

5.4 On the Site it is not possible to purchase by cash on delivery, unless otherwise agreed with the Seller.

5.5 If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances can discount vouchers be converted into cash.

5.6 Any alternative methods other than those indicated above are or will be described in this article.

On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.

Art. 6 Delivery of the Products

6.1 Delivery of the Products is expected in: All countries, except for any exceptions indicated on the Site and/or in the Product Sheet.

6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.

6.3 Delivery time of the Products from sending the order: 7/14 days.

6.4 The deadline indicated in the art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days of sending the order. It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically comes into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reservation . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6.5 With reference to the possibility of requesting delivery of the Products to a “collection point”, the Seller informs you that you have the possibility of collecting the Product from a collection point, based on the options and methods available on the Site and/or during the purchase process, provided that this method is available for the Product you selected. You will be promptly notified when the Product is ready for collection at the collection point of your choice. Unless otherwise agreed, if you do not fulfill your obligation to collect the Product, the purchase contract will be considered legally terminated. As a result of termination, the order will be canceled and the Seller

Art. 7 Right of withdrawal

7.1 The user is invited to read this article with particular attention, which regulates the right of withdrawal.

7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full. {exclusion-withdrawal}

7.3 If you are a Consumer (and if no exceptions apply in this sense) you have the right to withdraw from the Product purchase contract without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contact details indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is to be You sent before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller’s headquarters, or to a different address communicated by the Seller. The Withdrawal Period expires after 14 days:

in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 If the withdrawal is applicable, the Seller will proceed with the reimbursement of the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter’s expense, the Seller may suspend the reimbursement until receipt of the Products or until the Consumer demonstrates that he has sent the Products back, if previous. The Consumer is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will communicate this circumstance and the consequent decreased refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund.

7.5 In light of the above, the 7.5 In light of the above, the Seller deems it appropriate to point out to you that the costs of returning the Product will be at your expense and under your responsibility.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

8.2 The Seller is responsible towards the Consumer for any lack of conformity of the Product which occurs within two years of such delivery. The action aimed at asserting defects not maliciously concealed by the Seller is barred, in any case, within twenty-six months from delivery of the goods.

8.3 Unless proven otherwise, it is presumed that defects of conformity which appear within twelve months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will be the Consumer’s burden to prove that the lack of conformity already existed at the time of delivery of the same.

8.4 In the event of a lack of conformity of the goods, the Consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by the art. 135-bis and following of the Consumer Code.

8.5 The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.

8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case the legal guarantee is governed by the articles. 1490 and following of the civil code; in particular, the deadline for reporting any defects is 8 days from discovery and the action expires 1 year from delivery.

Art. 9 Manufacturer’s Warranty

The Manufacturer’s Warranty is an additional guarantee compared to the Legal Guarantee of Conformity possibly provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer’s Warranty. In any case, you can assert your rights under the Legal Guarantee of Conformity governed by the previous article.

Art. 10 Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

10.3 Please remember that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has chosen domicile is competent.

10.4 In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent in accordance with the provisions of the Introduction.

10.5 The Seller informs the user who qualifies as a Consumer that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not however been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself.

10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

10.7 In any case, the right of the Consumer user to appeal to the competent ordinary judge for the dispute deriving from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.

The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.

Art. 11 Customer service

11.1 It is possible to request information, send communications, request assistance or forward complaints by contacting the Seller at the contact details indicated in the Introduction, or using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative time of 4 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time are reserved.

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Headquarters Representative office - MB Estheroptica Lietuva,  Įmonės kodas 305442801 PVM mokėtojo kodas LT100016315916

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