TERMS AND CONDITIONS OF SALE

(EFFECTIVE AS 12/07/2017)

ABOUT THESE TERMS AND CONDITIONS OF SALE

Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of Persol (the “Services”) and the purchaser of goods (“you”), and your purchase of any products from Luxottica of America Inc. (“Luxottica,” “we” or “us”), through the Services. These terms are subject to change without prior written notice at any time, in Luxottica’s sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our terms of use, returns and exchange policy, warranty policy and privacy policy (“Additional Policies”).

1. PURCHASING GOODS

a. Placing Your Order

  1. 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 Services.

  2. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.

  3. When You place an order for goods via the Services, your order constitutes an offer to purchase goods from us. Where You order more than one item, your order comprises a series of offers for each item individually.

  4. 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 Services. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.

  5. By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements.

b. Order Acceptance

  1. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).

  2. If you submit an order for prescription eyeglasses, 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.

c. Payment

  1. We will take payment from your credit card, gift card, Paypal account and other future forms of payment available at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time.

  2. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Services at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.

d. Shipping and Delivery

  1. After we send you your Order Confirmation e-mail, we will 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 obtain an estimated delivery date.

  2. The goods will be delivered by a carrier to delivery service provider to the delivery address specified by you during the order process. All items purchased from this Website are made pursuant to a shipment contract, which means the risk of loss and title for such items passes to you upon Luxottica’s delivery to the carrier. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.

Please allow up to 3 business days for your order to process before it ships and 2 more days for delivery. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances. Tracking numbers will be provided for all orders.

2. CANCELLING AN ORDER AND RETURNING OR EXCHANGING GOODS

You may cancel your order within one hour from its placement.

Items returned for refund or exchange must be returned to us the same way we sent them to you – in the same condition and with all original contents. If we receive returned items in a condition that doesn't meet our return requirements, we will decline the return. Should you submit a non-compliant return, you authorize us to charge you for the full amount of the non-compliant return using your original payment method and/or to reverse any refunds previously issued. Returns must be shipped back within 30 days of receiving your items. Refunds will be issued after the returned product is received. We do not take title to returned or exchanged items until the item arrives at our fulfillment center. Please see our Returns and Exchange policy for more information about returning or exchanging the goods.

We explicitly reserve the right to reject any order and/or cancel any purchase at any time, subject to any applicable refund, and/or refuse a return:

  1. the goods are not available/not in stock;
  2. the data you provide to us in connection with your purchase is incorrect or cannot be checked;
  3. your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems;
  4. we have reason to believe that your purchase is intended for a further commercial activity;
  5. there has been an error in the indicated price of the goods;
  6. we have reason to believe that you are under the age of majority in your jurisdiction of residence and do not have parental consent; or
  7. we cannot deliver the goods to the address you have provided.

3. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

  1. Limitation of Liability

    AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

  2. Warranties

    AS PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY https://www.persol.com/usa/returns-policy>: (I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) LUXOTTICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

  3. Events Beyond Our Reasonable Control (Force Majeure)

    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 beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.

  4. Waiver

    Delay in our exercising or our 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.

  5. Invalidity

    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.

  6. Privacy

    Personally identifiable information that you provide to us during the order process will be used in accordance with our Privacy Policy.

  7. Transfer

    Luxottica may assign, transfer, or subcontract any of our rights or obligations under these Terms of Sale to any third party at our discretion.

  8. Governing Law

    As detailed above in s. 18 & 19 of the Terms of Use.