TERMS AND CONDITIONS OF SALE
(EFFECTIVE AS 12/07/2017)
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 persol.com/uk (the “Site”). The Site and the goods supplied through it are provided by Luxottica Group S.p.A., a company incorporated in Italy, VAT 10182640150, subscribed share capital Euro 28.653.640,38, number of registration at the Companies Register of Milan 00891030272, R.E.A. Milan n. 1348098, with headquarters at Piazzale Cadorna 3, 20123, Milan, Italy, telephone number +39 02863341, telefax number +390286334050 (referred to here as “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 errors 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 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; and not all goods and promotions that are offered on the Site will be available in-store, 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 after our acceptance of your order. We use a third party card authorization service to verify that your details are correct and to administer 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 an offer to purchase goods from us which will become binding after our acceptance as detailed below. 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 confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order. You will be able to add to or amend your order after we send the Order Confirmations for one hour after the placement of the order by amending it online or, if later, by contacting our Customer Service at 08000261505. If you wish to add or amend your order later than one hour after the placement of the order but before the issue of the Shipment Confirmation detailed below, you cannot amend it online and you should contact our Customer Service using the details above.
The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email and the relevant invoice will be made available to you on the Site in the section Order History. The 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.
All orders are subject to acceptance by us. We will confirm acceptance to you by sending you an email that confirms that, all or part of, the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in 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.
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.
We will take payment from your credit or debit card at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order and the cost to ship these items (the “Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Email will include information of the items actually shipped at that time only, a summary of these terms and conditions, information on the purchased good, on the right of withdrawal, on the methods of payment and on the applicable taxes, and all information mandatory provided by the law. We will contact you if we have any problems taking payment from the card details you provide during the order process.
All prices shown on the Site are inclusive of VAT and other applicable taxes. We do not charge you any fee for delivering the items to your shipping address.
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.
Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If, before our acceptation, 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 will include a delivery date for your goods. 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 and confirm the delivery date.
Delivery will take place at the delivery address specified by you during the order process. Note that if you purchase an item, for instance, on the French Site, you may only indicate a shipping address located in France, or if you purchase an item on the German Site then you may only indicate a shipping address located in Germany, and so forth.
persol.com offers Free Shipping on all orders within your country. We estimate that Orders can be delivered in approximately 3 business days starting from the day we send out our Order Confirmation. All shipments are fully insured. Air Shipment to P.O. boxes is not possible. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
In the Shipping Confirmation we will confirm the carrier’s details and the tracking number as soon as your order is shipped. You can track the delivery status of your order at any time through your My Account page on persol.com.
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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 45 day returns period, allowing you to cancel your contract in respect of the goods for up to 45 days after you acquire physical possession of the goods. 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 45 day return period and returning the goods. Please note that this 30-day return period provides you with a longer period to evaluate your purchase than the 14-day return period that the law affords to customers. 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.
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
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.
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.
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 persol.com you can settle the dispute out of court through an online platform available in all EU member states languages, at http://ec.europa.eu/odr. For questions, clarifications and for the purpose of any claim through the ODR Platform contact us here.
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.
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