Terms of Sale for Eyewear and Services

Part A – Information About the Website and the Goods

This Part A sets out key information about the Website and about the goods offered for sale through it.

• Information Provided on the Website
  We make every effort to ensure that all information displayed on the Website, including descriptions of our goods and the prices shown, is accurate and up to date at all times. However, absolute accuracy cannot be guaranteed. We will correct any errors in the information on the Website as soon as reasonably possible and, if we believe that your order has been affected by such an error, we will notify you using the contact details you provided when creating your account or placing your order. Buying goods online differs from buying in a physical store. In particular, please note that: the colours of goods as shown on the Website depend on many factors, including your display settings; the actual size and shape of the goods may differ from how they appear on your screen. Please note that technical information is provided on the Website for each item offered for sale, and that the photographs and images on the Website are for illustration purposes only. For a precise description of each individual item and all details relating to it, please refer to the relevant written description. Availability of goods cannot always be guaranteed, and it may occur that we are unable to complete your order. We reserve the right to withdraw goods offered for sale from the market at any time. We will make every reasonable effort to deliver your goods within an appropriate timeframe from the date of your order and in accordance with the estimated delivery date stated in the confirmation email. In doing so, we comply with applicable legal provisions and with these Terms of Sale. Please note, however, that all delivery information is provided to us by our courier service and that the delivery date indicated should be regarded as an estimate only. The actual delivery date may differ. Further details about delivery, such as shipment tracking, may be available on the website of our courier service. For more detailed information on delivery, please refer to Part B below. Not all goods and promotional offers available on the Website are necessarily available in stores, and vice versa. We reserve the right, at our discretion, to adjust prices, products, and special offers on this Website. Orders already placed will not be affected by such changes, even if they have not yet been confirmed by us. We make every effort to check the Website for computer viruses, but we do not guarantee that the Website is free from viruses or other harmful content. It is your own responsibility to ensure that you have suitable software and systems in place to check for and protect against computer viruses or other harmful material encountered on the internet.
• Availability
  We reserve the right to modify the Website or suspend its operation at any time, and to discontinue the sale of some or all goods through the Website, whether temporarily or permanently, with or without prior notice. We shall not be liable to you for any modification, interruption, or discontinuation of the Website’s availability.
• Security
  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 the purchase of goods through the Website.

• Placing Your Order
  Once you have selected the goods you wish to purchase, you will be asked to provide your personal details by completing a registration form. Registration is not mandatory; however, we recommend that you register to make future payments on the Website easier. You may, at any time, complete your purchase as a “guest” without registering on the Website. You will be asked to provide your debit or credit card details so that we can charge the purchase price once your order has been confirmed. When you place an order for goods through the Website, your order constitutes an offer to purchase goods from us, which becomes binding upon our confirmation of the order. If you order more than one item, your order will consist of a series of separate purchase offers, one for each individual item. If an error is detected while verifying your debit or credit card details, this may result in a delay, suspension, or cancellation of the purchase process. After submitting your order, you will be directed to a webpage displaying an on-screen confirmation of your order, and you will also receive an email confirming the order (together, the “Order Confirmations”). The Order Confirmations contain the final details of the order you placed through the Website. Please ensure that you review your order carefully before confirming it. You will have the opportunity to modify or add to your order within one (1) hour after we have sent you the Order Confirmation. You can make changes online or, if the one-hour period has expired, by contacting our customer service on 0 800 627 9958. If you wish to add to or modify your order after this one-hour period but before the Shipping Confirmation referred to below has been issued, you may still do so, though not online. In such cases, we recommend that you contact our customer service using the contact information provided above. The Order Confirmations will specify the goods you have ordered, the total cost of your order including delivery charges, and an order number. Once the goods you have ordered have been dispatched, we will send you an email confirming shipment, and the corresponding invoice will be made available to you in the “Order History” section of the Website. The invoice email serves as your VAT receipt. We recommend that you print a copy of the invoice together with these Terms of Sale and the Additional Terms and keep them in a safe place. You will need to provide these details if you contact us in relation to your order.
• Acceptance of Your Order
  All orders are subject to acceptance by us. We will confirm our acceptance by sending you an email confirming that all or part of the goods you have ordered have been dispatched (the “Shipping Confirmation”). The contract stipulated between you and us, which incorporates these Terms of Sale, will be deemed concluded only when we issue the Shipping Confirmation to you. The contract relates solely to the goods whose dispatch we have confirmed in the Shipping Confirmation. We are not obliged to supply any other goods that may have formed part of your order until the dispatch of such goods has been confirmed by a separate Shipping Confirmation. Although we hope to be able to supply all goods that you order, we reserve the right, at our sole discretion and without any obligation to provide reasons, to refuse an order at any time before the relevant goods are dispatched. Should we decline an order, we will inform you as soon as reasonably possible.
• Payment
  Your account will be charged for the amount due once the goods have been dispatched. You will receive an email or letter indicating which goods have been shipped and the costs associated with their delivery (the “Email”). If your order is split into multiple consignments, we will charge you only for the goods actually shipped at the relevant time. The Email will contain information solely about the goods dispatched on that occasion. A summary of these Terms of Sale, information about the goods purchased, details of your right of withdrawal, the available payment methods, applicable taxes, and any other legally required information will be provided with your order. We will contact you if we experience any difficulty processing payment using the card details you supplied during checkout. All prices displayed on the Website are inclusive of VAT. We will not charge any additional fees for delivery to your stated delivery address. Unless otherwise provided in these Terms of Sale, the amount payable is the price displayed on the Website at the time you placed your order. To enable us to offer Klarna as a payment option, we may transmit your personal data (contact and order details) to Klarna during checkout so that Klarna can assess your eligibility for its payment methods and tailor them to your circumstances. The processing of your personal data by Klarna is carried out in accordance with Klarna’s own Privacy Notice.
• Incorrect Pricing
  While we make every effort to ensure that all prices displayed on the Website are accurate, errors may occasionally occur. If, prior to our acceptance of your order, we discover that a product you have ordered has been listed at an incorrect price, we will notify you as soon as reasonably possible. You will then have the option to reconfirm your order at the correct price or to cancel it. If we are unable to contact you using the details you provided during checkout, we will treat the order as cancelled and inform you by email.
• Delivery
  The Order Confirmations will contain general information about your order and an estimated delivery date for your goods. We will then send you a separate Shipping Confirmation email. This email will include a tracking number that you can use to follow your order on the courier’s website, and it will confirm the dispatch date. Delivery will take place at the delivery address you provided during checkout. Please note that, for example, if you order goods through the French website, you may only provide a delivery address located in France; if you order through the German website, you may only provide a delivery address located in Germany, and so on. OliverPeoples.com provides free shipping for all orders within your country. Orders are generally delivered within approximately three (3) working days from the date on which we send the Shipping Confirmation (the “Shipping Date”). All shipments are fully insured. It is not possible to deliver by air freight to post-office boxes. The Shipping Confirmation will provide the courier’s details and tracking number once your order has been dispatched. You can check the delivery status of your order at any time under “My Account” on OliverPeoples.com. Please contact us if you have any questions. Once the goods have been delivered to you and you have taken physical possession of them, you will become the owner of the goods and will bear the associated risks from that moment. Upon receipt, you must check the goods for completeness and also inspect the condition of the packaging. Any missing goods will be reordered, and any damaged or incorrect goods may be returned and will be replaced and re-delivered free of charge in accordance with these Terms of Sale. You must notify us of any damaged, missing, or incorrect goods in accordance with the Warranty Terms set out in Part D of these Terms of Sale.

Part C – Cancellation of Your Order and Return of Goods

• Right of Return
  

For all goods that are not made to order, we offer a 14-day return period, allowing you to withdraw from your contract within 14 days of receiving the goods. Please refer to our Returns Policy at https://www.oliverpeoples.com/germany/returns-policy  for detailed information about the 14-day return period and the procedure for returning goods. Please note that, for hygiene reasons, Oliver Peoples only accepts returns of “Oliver Peoples Master & Dynamic” audio products if the goods are unopened and sealed. The packaging must be undamaged and show no signs of use.

You must handle the goods with care and ensure that their condition is not impaired. You are responsible for the direct cost of returning the goods. Please refer to our Returns Policy for further information. Please note that this fourteen (14)-day return period grants you a longer period for returning goods than the statutory 14-day right of withdrawal provided to consumers by law. For further details, please consult our Returns Policy in Part D of these Terms of Sale.

Defective Goods If you consider the goods delivered to you to be misdescribed, damaged, or defective, and we are unable to remedy the defect to an acceptable standard, such goods may be returned without prejudice to any other rights to which you are entitled. Please refer to our Returns Policy for detailed information on returning goods.

Part D – General Terms About Our Relationship With You

• Warranty Terms
  Details of your warranty rights for each product type are set out in our Warranty Terms. These warranties are in addition to your minimum statutory rights as a consumer and do not affect them.
• Events Beyond Our Influence and Control
  We accept no liability for any delays or failures to comply with these Terms of Sale or the Additional Terms if the delay or failure is caused by events that are unforeseeable, unavoidable, and beyond our reasonable influence and control.
• Waiver
  Any delay or failure by us to exercise a right or remedy under these Terms of Sale shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict us from exercising it in the future.
• Severability
  If one or more of these provisions are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
• Data Protection
  Personal information, such as your contact details, which you provide to us during the ordering process, will be stored and used by us in accordance with our Privacy Policy.
• Online Dispute Resolution
  As permitted by applicable law, in no event shall Luxottica be liable for any indirect damages arising out of or in any way connected with the use of the website or the products purchased; total liability of Luxottica for any reason whatsoever shall not exceed the total amount paid by you to Luxottica in connection with the subject matter of the particular dispute.
  
• Governing Laws
  These Terms of Sale are governed by and shall be interpreted in accordance with Italian law. Mandatory provisions of the country in which the consumer has their habitual residence shall remain unaffected.