Terms and conditions ehieye.com The website www.ehieye.com is owned by: Eyewear Brand Srls Via Prusst, 1 00030 – San Cesareo (RM) Registered with the Rome Chamber of Commerce under number REA RM-1586168 in the Company Register, tax code and VAT number 15374851002. * * * * * These conditions of sale govern the sale of products marketed by Eyewear Brand Srls through the website www.ehieye.com . All product purchase contracts concluded via the aforementioned website and according to the procedures indicated therein, between the Seller and the Customer/Buyer, will be governed by these general conditions of sale, in accordance with Italian law and, in particular, the Legislative Decree Legislative Decree no. 70/2003 relating to electronic commerce and Legislative Decree no. 206/2005 with specific reference to the legislation on distance contracts. Any changes or new conditions of sale will be promptly reported to the Customer/Buyer, will be effective from the moment of publication on the site and will be applied only to sales concluded after publication. Supplier Identification The goods covered by these general conditions are offered for sale by the company Eyewear Brand Srls , with registered office in San Cesareo (RM), via Prusst 1, postcode 00030, registered with the Rome Chamber of Commerce under REA number RM-1586168 in the Register of Companies, tax code and VAT number 15374851002, hereinafter referred to as " Supplier ". * * * * * Art. 1 – Definitions 1.1. The expression " online sales contract " means the purchase and sale contract relating to the Supplier's products, stipulated between them and the Buyer as part of a remote sales system using telematic tools, organized by the Supplier. 1.2. The expression " Buyer " or " Customer " means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out. 1.3. The expression " Supplier " means the person indicated in the epigraph or the person providing the information services. 1.4 The expression " Products " means the movable goods indicated and offered for sale on the website www.ehieye.com . Art. 2 – Object of the contract 2.1. With the stipulation of the online sales contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the products indicated and offered for sale on the website www.ehieye.com . 2.2. The information accompanying the products reproduces that provided by the manufacturers. The Supplier, therefore, reserves the right to modify the product information to adapt it to that provided by the manufacturers, without the need for notice. The images on the site are provided to the Customer to facilitate the recognition of the products. Due to variations in the packaging by the manufacturer, the photos may not exactly reflect the appearance of the product delivered. Art. 3 – Method of stipulating the contract 3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www.ehieye.com , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of goods referred to in point 2.1 of the previous article. Art. 4 – Conclusion and effectiveness of the contract 4.1. The purchase contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the subscription sent online or by completing the form attached to the online electronic catalog at www.ehieye. com and the subsequent sending of the form itself, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the goods purchased, the shipping costs and any further ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal. 4.2. When the Supplier receives the order from the Buyer, it sends a confirmation e-mail or displays a printable web page confirming and summarizing the order, which also contains the data recalled in the previous point. 4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point. 4.4. By placing an order in the various ways provided, the Customer declares to have read the information provided during the purchase procedure and to accept the conditions transcribed below. The Customer is therefore invited to carefully read these conditions of sale and print them or save them on another durable medium accessible to him. Art. 5 – Payment and reimbursement methods 5.1. Any payment by the Buyer can only be made by means of one of the methods indicated on the specific web page by the Supplier. 5.2. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as regulated by the art. 13 (Right of withdrawal) of these general conditions of sale, at the latest within 30 days of receipt of the goods at the address indicated therein. 5.3. All communications relating to payments take place on a special Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data. Art. 6 – Delivery times and methods 6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of offering the goods, as confirmed in the Supplier's summary email. 6.2. The Supplier delivers its products via specialized couriers. Shipping costs are generally borne by the Customer and are explicitly highlighted at the time the order is placed. Depending on the destination area of the goods, deliveries may take place within a period of time ranging from 24 hours to 4 (four) days, barring setbacks. 6.3. The Customer has the responsibility to check that the delivered product is intact and does not show any breakages or external tampering. If the product is not intact or has external breakages or tampering, the Customer is required not to accept the delivery. Once delivery has been accepted, the Customer will not be able to raise complaints regarding external defects visible at the time of delivery of the product. 6.4. Shipping methods, times and costs are clearly indicated and well highlighted at www.ehieye.com. Art. 7 – Prices 7.1. All sales prices of the products displayed and indicated on the website www.ehieye.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 cod. civil 7.2. The sales prices, referred to in the previous point, include VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the web page summarizing the order placed. 7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue. The Supplier reserves the right to change prices at any time, without notice. 7.4 Retail prices do not include any taxes, duties and duties applicable in the country of destination of the products and/or services where this is different from Italy. These costs, which differ from country to country, are borne by the customer, who is responsible for verifying the amount with the competent customs authorities. Art. 8 – Availability of products 8.1. The Supplier ensures the processing and fulfillment of orders without delay via the electronic system used. To this end, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as shipping times. 8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will inform the Buyer via e-mail whether the good can no longer be booked or what the waiting times are to obtain the chosen good, asking if he intends to confirm the order. order or not. 8.3. The Supplier's IT system confirms the registration of the order as soon as possible by sending the User a confirmation by email, pursuant to point 4.2. Art. 9 – Limitations of liability 9.1. The Supplier assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times established by the contract. 9.2. The Supplier cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its subcontractors. 9.3. Furthermore, the Supplier will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional costs incurred . 9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, for the payment of the purchased products, if it demonstrates that it has taken all precautions possible based on the best science and experience at the time and on the basis of ordinary diligence. 9.5. Under no circumstances can the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Supplier. Art. 10 – Liability for defects, proof of damage and compensable damages: the Supplier's obligations 10.1. Pursuant to the articles. 114 et seq. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 (three) months of the request, the identity and domicile of the producer or of the person who gave him provided the good. 10.2. The request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists. 10.3. The Supplier cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective. 10.4. No compensation will be due if the Damaged Party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. 10.5. In any case, the Damaged Party will have to prove the defect, the damage, and the causal connection between the defect and the damage. 10.6. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros/00 (€.387.00). Art. 11 – Guarantees and assistance methods 11.1. The Supplier is liable for any lack of conformity that occurs within 2 years of delivery of the goods. 11.2. For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a ) they are suitable for the use for which goods of the same type are usually used; b ) conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c ) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d ) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of conclusion of the contract and which the Seller also accepted for conclusive facts. 11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it. 11.4. In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity. compliance. 11.5. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code. 11.6. The request must be sent in writing, by registered mail to the address: Via Prusst, 1 – 00030 San Cesareo (RM) or by certified email to the address: eyewearbrand@legalmail.it , to the Supplier, who will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods. 11.7. If repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the The buyer may request, at his/her choice, an appropriate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt. 11.8. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Supplier. Art. 12 – Buyer's obligations 12.1. The Buyer undertakes to pay the price of the purchased good in the times and ways indicated in the contract. 12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep these general conditions of sale. 12.3. The information contained therein has, moreover, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation. Art. 13 – Right of withdrawal 13.1. The Buyer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased good. From the exercise of the withdrawal comes the obligation for the Customer to return any goods received and for the Seller to refund. 13.2. If the Buyer decides to exercise the right of withdrawal, he must communicate this to the Seller by registered mail to the address: Eyewear Brand Srls, Via Prusst, 1 – 00030 San Cesareo (RM) or by certified e-mail to address: eyewearbrand@legalamil.it . In the case of registered mail with return receipt, the stamp affixed by the post office on the receipt issued will be proof between the Parties. 13.3. The Consumer must return the product within 14 (fourteen) days from the communication of the wish to withdraw. In all cases of withdrawal, the goods must be sent to the address: Eyewear Brand Srls, Via Prusst 1, 00030 – San Cesareo (RM). The transport costs relating to the return of the product are borne by the Customer. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation. The product must be returned intact, including any accessories, in the original packaging, in the same conditions in which it was delivered, with any guarantee seals affixed by the manufacturer intact and must not present breakages or tampering other than those necessary to establish the nature , the characteristics and functioning of the goods. 13.4. If the Consumer has made purchases which have given the right to receive other free products and/or to purchase other products at a lower price than that normally charged for their purchase on the Site, in case of exercise of the right of withdrawal it will be required to return all products purchased and/or received, without prejudice to the possibility of retaining them after charging and paying the full price normally charged for their purchase on the Site. If the Consumer wishes to return all the products purchased, all of them must comply with the conditions referred to in the art. 13.4. If, however, you wish to proceed with a partial refund, you must give adequate notice to Eyewear Brand Srls at the time of exercising the right of withdrawal. 13.5. The Buyer cannot exercise this right of withdrawal for purchase contracts for products that have been opened by the Buyer, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or risk deteriorating or expiring rapidly. . 13.6. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them. 13.7. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the goods at the address indicated above. The refund for the returned goods will be made with the same payment method used by the customer for the initial transaction, unless otherwise expressly agreed. 13.8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article. Art. 14 – Causes for termination 14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, have an essential character, so that, by express agreement, the failure to fulfill just one of these obligations, unless determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cod. civ., without the need for a judicial ruling. Art. 15 – Protection of confidentiality and processing of the Buyer's data 15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree 30 June 2003, n. 196. 15.2. The personal and fiscal data acquired directly and/or through third parties by the Supplier Eyewear Brand Srls , data controller, are collected and processed in paper, computer and telematic form, in relation to the processing methods with the purpose of recording the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service ( art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003). 15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law. 15.4. Personal data will be communicated, upon signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose. 15.5. The Buyer enjoys the rights referred to in the art. 7 of Legislative Decree no. 196/2003, namely the right to obtain:
a ) the updating, rectification or, when interested, integration of the data;
b ) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c ) the certification that the operations referred to in letters a ) and b ) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a use of means that is manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purposes of sending advertising or direct sales material or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer's request cannot be processed. 15.7. In any case, the acquired data will be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely. 15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser can address any request at the company headquarters. 15.9. Anything sent to the email address (including electronic) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not harmful to the rights of others and truthful. Art. 16 – Method of archiving orders 16.1. Pursuant to art. 12 of Legislative Decree no. 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria. Art. 17 – Communications and complaints 17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent by registered mail to the address: Via Prusst, 1 – 00030 San Cesareo (RM) or by certified email to the address: eyewearbrand@legalmail. it or by ordinary email to the address: sales@ehieye.com . 17.2 The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent. Art. 18 – Settlement of disputes 18.1. All disputes arising from this contract will be referred to the Rome Chamber of Commerce and resolved according to the Conciliation Regulations adopted by it. 18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter. u ) of Legislative Decree no. 206/2005. Art. 19 – Applicable law and referral 19.1. The sales contract between the Customer and the Supplier is intended to be concluded in Italy and is governed by Italian law. 19.2. Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular the art. 5 of the Rome Convention of 1980. 19.3. Pursuant to art. 60 of Legislative Decree no. 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree no. are expressly referred to here. 206/2005.
