TERMS AND CONDITIONS OF SALE
This document governs the relations between the user and the owner, as described below, in relation to commercial transactions made through the website ("movitraspectacles.com"). If you, as User, do not accept these conditions, you are not authorised to use the services offered on the website.
The website may be used exclusively for personal use, and not for commercial or business purposes. By accessing the website, you therefore agree to use the contents and information it contains for personal, not business or commercial, purposes.
By accessing the website and accepting these general conditions ("Terms and conditions of sale"), you state that you are over the age of 18, capable of acting and understanding the warnings and precautions for the use of the products sold by the Owner through this website.
This website is owned by Movitra Srl ("MOVITRA"), with registered office in Italy at Via Luigi Sacco, 8 20146 Milano, Trade and Companies Register, Tax ID No. and VAT Registration No. IT09044600964 (the "Owner").
The website is set up for distance selling, through online instruments organised by the Owner, of "Movitra" brand eyeglasses (the "Product(s)".
CONCLUSION OF THE CONTRACT
In order to make a purchase order for a Product (the "Order"), you must:
- Connect to the website
- Select the Product you intend to purchase by registering your choice, using the choices indicated on the website
When making your selection, you will be informed of the total price due to the Owner for the Product or Products selected, their main characteristics, the relative instructions for use and warnings, payment methods, conditions for withdrawal and the specification that by concluding the order you will be obliged to pay the price.
Delivery is free of charge, offered by the Owner entirely at their own expense. You will not therefore find this item indicated during the purchase procedure on the website. The Owner is not responsible for any customs duties or additional local tax, which the User will be in charge of fulfilling.
When selecting the Product(s) on the website, you will be assigned a priority (so-called waiting list) that must be respected in order to complete your purchase Order on the website. The Owner will keep you updated on your priority status in the list by email.
When reaching your turn, you will receive an email from the Owner; you will then need to connect to the website within 7 days to complete the purchase Order by filling out the registration form with your details. You accept full liability for ensuring that the information and personal details provided is correct, precise, accurate and up to date.
After completing this phase, you must select the payment method that you intend to use, from those indicated on the website. If you fail to complete the purchase Order within 3 days of receiving the Owner's email, you will lose the priority acquired and, if you still want to purchase the Product, you will need to sign up to the website again and wait your turn on the waiting list.
The Owner informs you that by submitting the Order, you agree to pay the price indicated for the Products chosen.
The contract of sale between the Owner and User will become final only when you receive confirmation of your order ("Order Confirmation").
The Order Confirmation will be sent by the Owner within 8 working hours, and will contain a summary of the General Conditions and details of the contract between the parties, information on the essential features of the products purchased or booked, and a detailed indication of the price, payment method chosen and delivery address. In compliance with current legislation, a copy of these General Conditions will be sent to you through the link provided in the Order Confirmation, allowing you to save it to your computer or print it out.
The contract between the parties is not final until you receive the Order Confirmation.
If an Order is confirmed, the Owner undertakes to deliver the products to the address indicated by the User within the following 30 days. The Products will be considered delivered at the time of their receipt by you at the delivery address indicated in the Order.
If the Order cannot be delivered due to your absence at the delivery address indicated when ordering, the courier will leave a notification on behalf of the Owner specifying the location of the package and how to arrange to pick it up. The parties agree that the contract shall be terminated if delivery cannot be made due to causes out of the Owner's control after 30 days from the date when your Order was available for delivery.
If the contract is terminated, the Owner will refund you the amount paid, including delivery charges, without any undue delay, and in any case within 14 days of the contract's termination.
PRODUCT AND SERVICE AVAILABILITY
All Product orders are subject to availability, for which the Owner denies any liability. In this sense, in the case of supply problems, or if the articles are not in stock, the Owner will inform you by email at the address provided in the Order, and keep you updated if the Product ordered should become available. The Owner will in any case refund you, without undue delay, and within 14 days of notifying you that the Product(s) ordered are no longer available.
The Owner reserves the right to provide information on replacement products of a similar or greater quality and value, which you may decide to order in place of the Product selected. If you do not want to replace the Product, all amounts paid will be refunded as described above.
REFUSAL TO PROCESS AN ORDER
The Owner reserves the right to remove any Product from the website at any time and/or to eliminate and/or change any material or contents of it. The Owner denies any liability to you or to third parties due to the removal of any Product from the website, the elimination or change to any material or contents of the website.
TRANSFER OF RISK
The risks relating to the Product are transferred to you on delivery.
EXERCISING THE RIGHT OF WITHDRAWAL
In compliance with Article 52 of Legislative Decree 206/2005, the "Italian Consumer Code", as modified by Legislative Decree 21/2014, you may exercise your right to withdraw from these General Conditions of Sale without specifying a reason.
This right may be exercised within fourteen (14) days of actually receiving the Products purchased (or, if ordering more than one Product, from actual receipt of the last product purchased), by sending an explicit notification to the Owner by post or to the email address indicated in article 1. In order to meet this deadline, you must send the notification of withdrawal as described above, before the expiry of the withdrawal period.
There are no formal requirements for drafting the statement of withdrawal. However, to facilitate the use of this right, the Owner provides you with the withdrawal template attached to the Consumer Code under Annex I, part B, which you can use at your discretion, at this link.
If you decide to exercise your right to withdraw from the contract, the Owner undertakes to refund the amounts received from you, including any delivery costs, within fourteen (14) days of being informed of your decision. The refund will be made by the same payment method you used for the original transaction, unless you specifically indicate an alternative method as set out in article 8.1 above.
The Owner reserves the right to suspend refunding your payment until they receive the goods returned or proof that you returned them to the Owner.
If you exercise your withdrawal rights, the cost of returning the goods will be at your expense.
The goods must be returned by you to the Owner's address indicated in article 1, in a substantially intact condition, without undue delay and in any case within fourteen (14) days of informing the Owner of your decision. This term shall be met if you return the goods any time up until the fourteen (14) day period expires.
The Products returned must be substantially intact in order for your right to withdraw to be valid. We therefore recommend you treat the Products with care as long as they are in your possession. Please return the article using or including the original packaging, instructions and any other documents that accompanied the Products. The Product must always be returned together with the delivery bill.
STATUTORY CONFORMITY GUARANTEE
In compliance with article 128 and following in the Italian Consumer Code, the Owner specifies that the items sold through the website are covered by statutory guarantee. The statutory guarantee applies to any conformity defects found within two years of receiving the Product. Defective products are defined as (i) unfit for the use for products of the same type are habitually used, (ii) not matching the description made by the Owner on the website, (iii) lacking the habitual features and qualities of a product of the same type, and which the consumer may reasonably expect.
If the product purchased has a conformity defect, as described above, you must report it to the Owner at the contact details set out in article 1 within two (2) months of discovering it. If, after checking the product, the Owner confirms the defect, you will be given the choice to receive a replacement product, unless the replacement is considerably more expensive than the alternative. If it is not possible or too expensive for the Owner to replace the product, you may choose to request a congruous reduction in the price or terminate the contract.
In addition to the statutory guarantee described in article 9.1 above, the products sold through the website are also covered by a manufacturer's guarantee offered free of charge by the Owner, in compliance with article 133 of the Italian Consumer Code.
The manufacturer's guarantee exclusively applies to the product(s) auction system. This guarantee lasts for 10 years from the time of purchase and covers all Products purchased within the European Union.
In order to claim this guarantee, you must report any Product defects to the Owner at the contact details set out in article 1 within two (2) months of discovering it. If, after checking the product, the Owner confirms the defect, you will be given the choice to receive a replacement product, unless the replacement is considerably more expensive than the alternative. If it is not possible or too expensive for the Owner to replace the product, you may choose to request a congruous reduction in the price or terminate the contract.
The parties acknowledge that the application of the manufacturer's guarantee described in article 9.2 shall not affect your right to claim the statutory conformity guarantee or your rights under articles 128 and following in the Italian Consumer Code.
PRICE AND PAYMENT
The price to be paid to the Owner is indicated on the website each time, in relation to the Product selected and its features.
Payment can be made through the payment systems indicated on the website.
To reduce the risk of unauthorised access by third parties, your credit card details will be encrypted for online purchases.
The Owner reserve the right to change these General Conditions of Sale at any time, publishing the new version on the website and keeping copies of the previous versions in the same section.
In any case, the General Conditions governing relations between the parties are those current on the date of signing the contract, attached in the form of a link in the Order Confirmation email.
LIMITATIONS OF LIABILITY
You accept full liability for purchases made through the website, and agree to carefully read and follow all the Product instructions and warnings for use.
Within the legal limitations, the Owner denies all liability for all direct or indirect damages, claims or losses caused by malfunction or defective functioning of your or third party electronic devices. The Owner is not liable for any damage caused by failure to provide the services offered on the website due to malfunction or lack of functioning of the electronic means of communication for causes out of their foreseeable control, such as fire, natural disaster, power cut, unavailability of telephone or other network connection, or actions by other Users or network users.
SUSPENSION OF SERVICE
The Owner reserves the right to temporarily suspend the sale of Products for the time strictly necessary for essential and/or appropriate technical interventions for improving the quality of the service ("Service"). In any case, the Owner will inform Users of this suspension at least 3 days in advance, by publishing a general announcement on the website and/or by email sent to Users themselves.
The Owner may interrupt the Service at any time for security reasons or breach of confidentiality (such as the introduction of viruses on the IT system and or system black-out). Users will be informed of this, if possible, through an announcement on the website.
APPLICABLE LEGISLATION AND COMPETENT COURT
These general conditions are governed by Italian law.
Any disputes involving these General Conditions, in accordance with article 66-bis of Legislative Decree 206/2005, shall fall under the jurisdiction of the Court in the User's place of residence, if resident within Italy.
COMMUNICATIONS AND CLAIMS
All communications relating to these General Conditions, including claims, must be sent, without any particular format and including via email, to:
- The Owner, at the address and/or contact details indicated in paragraph 1 above
- The User, at their residence or domicile, fax or email address provided when signing up to the website, or as subsequently modified and communicated to the website at the address indicated above.
The Owner is not in any way liable for non-performance or delay in complying with any of the obligations set out in the contract due to events out of their reasonable control ("Events of Force Majeure").
Events of Force Majeure are intended as any act, event, failure, omission or accident that is out of any reasonable control, including but not limited to:
- Strikes, picketing or other trade union activities
- Revolutions, revolts, invasions, terrorist attacks or threats of terrorist attack, war (declared or otherwise), or threats of war
- Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters
- The impossibility of using railways, sea, air or motor transport, public or private transport
- The impossibility of using public or private telecommunications networks
- Acts, decrees, laws, regulations or restrictions by any government
- Any form of strike, disaster or accident at sea, postal or other relevant transport method
The contractual obligations shall remain suspended for the entire duration of the Events of Force Majeure. In these circumstances, the Owner shall benefit from an extension of the deadline for performing the contract for the same duration as the event. Nonetheless, the Owner shall attempt to find a solution for meeting their contractual obligations even during an Event of Force Majeure.
If any article of the General Conditions of Sale, or part of it, is found to be null, illicit or in applicable by the competent authority, said article, clause or provision shall be considered null without affecting the validity of the remaining articles, clauses and provisions, to the maximum degree permitted by law.
INTEGRITY OF THE CONTRACT
These General Conditions of Sale, in addition to any documents specifically referred to in them, represent the entire agreement between the User and the Owner regarding the subject of the contract and replace any prior agreement, understanding or pact between the same parties, either verbal or written.
By signing the contract, the User and the Owner acknowledge that they do not rely on any statement, commitment or promise made by the other party or implicit in their words or writing during negotiations prior to the contract, but only on the terms expressly set out in these General Conditions of Sale.
RESOLUTION OF DISPUTES
The website Owner informs EU Users that any dispute regarding the correct application of this contract, including but not limited to disputes relating to the validity, non-performance, total or partial of the services by the Owner and/or termination of the contract, may be resolved through an online procedure (on line dispute resolution – “ODR Procedure”), available through the online platform offered by the European Commission here.
EU Users also have the right to resolve disputes before the competent legal authorities or through an "Alternative Dispute Resolution" (ADR) procedure.
Last updated in June 2017.