Terms of Sale for Eyewear and Services

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 endeavour 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, errors may still occur. We will correct any errors in the information on the Website as soon as reasonably possible and, if we believe such errors may have affected your order, we will make every reasonable effort to inform you using the contact details provided in your account or during your order.
  • Purchasing goods online provides a shopping experience different from buying in store. In particular, you should be aware that:
    
    • The colours of the item(s) shown on the Website depend on various factors, including your display settings;
    • The actual sizes and shapes of the item(s) may differ from how they appear on your screen. Please note that for each item for sale on the Website, all relevant technical information is provided;
    • Photos and images on the Website are for illustrative purposes only. For an accurate description of each item and details of what is included with it, please refer to the written description;
    • All goods are subject to availability, and we may not be able to fulfil your order. We reserve the right to withdraw any product from sale at any time;
    • We will do our best to arrange delivery of the item(s) within a reasonable timeframe following your order, in compliance with applicable laws and these Terms of Sale. Please note, however, that all tracking information is provided by our shipping service provider, and delivery times are only estimates. Actual delivery dates may vary. Further delivery details will be available on the tracking website of our shipping service provider. Please refer to PART B below for more information on delivery;
    • Not all goods and promotions offered on the Website will be available in store, and vice versa. We reserve the right, at our discretion and in compliance with all applicable laws and regulations, to adjust prices, products, and special offers on this Website. Such changes will not affect orders already placed, including those not yet accepted.
  • We will use our best efforts to perform antivirus checks on the Website, but we cannot guarantee that it is free from viruses or other harmful content that may affect your personal computer, tablet, smartphone, or other device. It is your responsibility to ensure that you have appropriate software and systems installed for antivirus protection and other internet security measures. This is without prejudice to the provisions of the Terms and Conditions of Use.

• Availability
  We reserve the right to modify or discontinue the Website at any time and to suspend or terminate the sale of one or all items through it, temporarily or permanently, with or without notice. We shall not be liable to you for any modification, suspension, or interruption of the Website’s availability
  
• Security
  It is your responsibility to ensure the confidentiality of any access data, passwords, or other account-related information at all times. You agree to notify us promptly if you become aware of or reasonably suspect that your account security has been compromised. Please note that, subject to our Privacy Policy, when registering on this Website, you are required to provide complete, up-to-date, and truthful information. The use of names, credentials, or profiles that do not match your personal identity is expressly prohibited.
  

Part B – Purchase of Goods

This PART B sets out the terms applicable to the purchase of goods from the Website by the User.

• Placing an Order

• • Once you have selected the desired items, you will be asked to register with your personal details by completing a registration form. Registration is not mandatory; however, we strongly recommend it to facilitate the purchase process for any future orders on the Website. You will always have the option to complete your order as a “guest” without registering on the Website. You will also be required to provide your debit or credit card details to allow us to receive payment after acceptance of your order. The presentation of the item(s) on the Website and the request to provide such data and information do not constitute a contractual obligation on Luxottica’s part to supply the goods until the order has been fully accepted in accordance with the terms set out below, and subject to the application of any binding local laws.
  • To verify the accuracy of your details and to process the payment on our behalf, Luxottica uses an external payment service provider. Your personal data, including credit card information, will be transferred to and held by that external payment processor or by other parties we may use to perform anti-fraud checks. We do not retain any credit or debit card details. By placing the order, you expressly consent to the transfer of your data for this purpose. Such data will be processed in accordance with the terms of the Privacy Policy, without prejudice to any further legal provisions applicable in your country of residence.
  • If any inaccuracies are detected during data verification or discrepancies arise in your credit or debit card information, the purchase process may be delayed, suspended, or interrupted.
  • After placing an order through the relevant section of our Website, you will be directed to a confirmation page summarising your order and will receive an order confirmation email (collectively, the “Order Confirmations”). You must carefully check all the details and information indicated in the Order Confirmations to ensure that they reflect your intentions. You may amend your order within one hour of receiving the Order Confirmations by contacting our Customer Service at supportit@customercare.oliverpeoples.com or by calling 800 694 107.
  • Order Confirmations contain the details of the items ordered, the total cost of the order including delivery, and an order number, along with any other information required by law.
  • Order Confirmations represent your commitment to purchase the goods and constitute authorisation to charge the corresponding price to your credit or debit card, subject to Luxottica’s confirmation and acceptance of the order with respect to all or part of the items listed therein.
  • Where any applicable local laws in your country establish that the presentation of the item(s) on the Website constitutes a binding offer, the Order shall be deemed binding upon Luxottica, unless Luxottica refuses to supply one or more of the items listed in the Order Confirmations for valid reason. In the event of an order refusal, you will be informed as soon as reasonably possible.

• Order acceptance

1. • The acceptance of your order will be communicated to you by email with the confirmation of the contract and subsequent shipment of the purchased items (the “Shipping Confirmation”). The contract between you and Luxottica shall therefore be deemed effective from the date of the Shipping Confirmation e-mail and shall relate exclusively to the items listed therein.
   • The Shipping Confirmation will include information about the goods purchased, a copy of these Terms of Sale, information on the right of withdrawal and the relevant form, together with the purchase receipt. Prices will include VAT and any other applicable taxes relating to the specific transaction. The receipt shall serve as proof of purchase for the items and can be retrieved at any time on the Website in the “Order History” section. You are strongly advised to print a copy of the receipt, together with a copy of these Terms of Sale and the Supplementary Policies, and to keep them carefully. If you contact us regarding your order, you may be required to refer specifically to these documents.

• Payment

1. • Payment will be charged to your credit or debit card when you receive the Shipping Confirmation email, indicating which items from your order have been shipped and the related shipping costs. If your order is dispatched in multiple shipments, you will only be charged for the items actually shipped at that time. The email will also include all payment details. We will contact you in the event of any issues in collecting payment through the card details you provided during the ordering process. If payment is unsuccessful or not completed, Luxottica shall be under no obligation to deliver the item(s), without prejudice to any other rights or remedies.
   • All prices shown on the Website include VAT and other applicable taxes. Notwithstanding any specific delivery terms indicated in the Shipping Information, no shipping costs will be charged for deliveries to your specified shipping address.
   • Except as otherwise provided in these Terms of Sale, the price payable for the goods shall be the price indicated in the relevant Order Confirmations at the time of the order.
   • To offer you Klarna’s payment methods, we may, during checkout, transmit your personal data in the form of contact and order details to Klarna so that Klarna can assess whether you are eligible for their payment methods and adapt those methods to your needs. Your personal data transferred will be processed in accordance with Klarna’s own privacy notice.
     

• Pricing errors

1. • Although we strive to ensure the accuracy of all prices shown on the Website, errors may occur. If, prior to our acceptance of your order as indicated in the Shipping Confirmation, we identify an error in the price of the ordered goods, we will inform you as soon as reasonably possible, unless otherwise required by applicable consumer protection laws. 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 provided during the ordering process, your order will be deemed cancelled, and you will be notified by email.
   • This is without prejudice to all rights and remedies available to you as a consumer under any applicable consumer protection law.

• Delivery
  • Shipping Confirmations will include general order information as well as an estimated dispatch timeframe for the goods. Shipping Confirmations will indicate the estimated delivery date and include a tracking number that you can use to monitor your order on our delivery service provider’s website and confirm when the item has been delivered.
  • Delivery will be made to the shipping address within the territory covered by this Website as specified by you during the ordering process. Please note, for example, that when purchasing an item on the French website, you may only specify a shipping address located in France, or when purchasing an item on the German website, only an address in Germany, and so on. Such limitations are solely due to practical, logistical, and organisational reasons related to the shipping of items to various European countries.
  • For all items sold through the Website OliverPeoples.com, Luxottica offers Free Shipping on all orders within the User’s country of residence. For orders, delivery is estimated to take approximately two business days from the date of the Shipping Confirmation (the “Shipping Date”) and 4 business days from the Order Confirmation. Orders will in any case be delivered no later than 14 days from the Shipping Date or, if shorter, within the maximum delivery period provided by applicable laws and regulations in your country of residence. All shipments are insured against loss, theft, or damage during transit. Deliveries cannot be made to P.O. boxes.
  • As soon as your order has been shipped, the Shipping Confirmation will provide details of the courier as well as the order’s tracking number.
  • For any queries regarding delivery, please contact us 
  • at supportit@customercare.oliverpeoples.com
  • Once the goods have been delivered and you have taken physical possession of them, ownership of the goods passes to you, and from that moment all risks of loss, theft, or damage shall be borne by you in accordance with applicable laws and regulations. Upon delivery, you must check the condition of the order and verify that you have received the exact number of items. Missing items will be reordered, and any damaged or incorrect items will be returned and, in accordance with these Terms of Sale, replaced and delivered free of charge. You must inform us of any damaged, missing, and/or incorrect products in accordance with the Warranty set out in Part D of these Terms of Sale.

Part C – Order Cancellation and Return of Goods

• Right of Withdrawal. For all products other than those made to order, we offer a 14-day return period, allowing you to cancel the contract up to 14 days after receiving the goods. Please read our Returns Policy at https://www.oliverpeoples.com/italy/returns-policy for more information regarding our 14-day return limit and the procedures for returning goods. Please note that Oliver Peoples will only accept returns of Oliver Peoples Master & Dynamic audio products if the goods have not been opened and remain sealed, for hygiene reasons. The packaging must be intact and show no signs of wear*
• In the event of withdrawal and return of items, you are required to take reasonable care of the items and return all unwanted products to us. Please refer to our Returns Policy for further information on the 14-day return period and the return of goods. Note that this 14-day return period offers you a longer evaluation period for your purchase than the 14-day withdrawal and return period for purchased item(s) typically guaranteed under Italian Law Legislative Decree 206/2005, the European Consumer Protection Directive (Directive 2011/83/EU), and all consumer protection laws applicable in your country. Please refer to our Returns Policy for the specific terms and conditions applicable to your withdrawal and refund rights. To exercise these rights, you may contact our Customer Service at 800 694 107 and/or use the form available at www.oliverpeoples.com/italy/return-form. Please note that the choice of courier for returning goods in the event of withdrawal, as well as the related costs, shall be your responsibility.
• Defective Goods. If you believe that the goods delivered do not materially correspond to their description in the Order Confirmations, are incomplete, damaged, or defective, and we are unable to resolve the issue or defect to your reasonable satisfaction, such goods may be returned without prejudice to any other rights granted to you under applicable law. Please carefully read our Returns Policy and Warranty for further information on returning defective goods or any items purchased that do not correspond to the description provided in the Order Confirmations and confirmed in the Shipping Confirmation.

Part D – General Terms About Our Relationship With You

• End Use Only
  The goods sold on this Website are intended solely for the private end use of consumers and are not intended for resale or commercial distribution. The User confirms that they are purchasing the products as a consumer.
  
• Warranty
  Information on your warranty rights in relation to each type of product is provided in our Warranty. These warranties are in addition to, and do not limit, the legal rights granted to you as a consumer under the laws and regulations applicable in your country of residence.
  
  
• Force Majeure Events
  We shall not be liable for any delay or failure to comply with these Terms of Sale or the Supplementary Policies if such delay or failure results from any unforeseeable, unavoidable event beyond our reasonable control, including but not limited to accidents, national legislation, court orders, official sanctions or embargoes, industrial action, fire, flood, adverse weather conditions, natural disasters, or any other acts of God.
  
  
• Waiver
  Any delay or failure on our part to exercise any right or remedy under these Terms of Sale shall not constitute a waiver of our rights or remedies under these Terms of Sale.
  
  
• Severability
  If one or more provisions of these Terms of Sale or the Supplementary Policies are found to be invalid by a competent authority, the remaining provisions of the Terms of Sale and Supplementary Policies shall, to the fullest extent possible, remain in full force and effect and continue to bind the User.
  
  
• Privacy
  Personal information, such as the contact details you provide during the ordering process, will be stored and used 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 Law and Jurisdiction
  This contract shall be governed by and construed in accordance with Italian law, without prejudice to any rights that cannot otherwise be excluded. In particular, your right to bring legal action before the courts of your country or to use a mediator to reach an amicable settlement of any dispute shall not be excluded, in accordance with the applicable laws and consumer protection regulations of your country.