Date of publication on the site and entry into force 25.2.2021
1.1. These general conditions of sale (hereinafter, also the “Conditions“) apply to the purchase of products (hereinafter “Products” or the singular “Product“) made through the e-commerce site www.yourcolorvision.it (hereinafter the “Site“) by users qualified as “Consumers” pursuant to Article 1.2 below. The Site is owned by Colorvision Ottica S.r.l. , with registered office in Domegge di Cadore, Via Fiume n. 36, C.F. and VAT number 03717250249 and registration number in the Register of Companies of Belluno (hereinafter, the “Seller“).
1.2. Purchases of Products made through the Site will see as parties the Seller and the person who proceeds to purchase one or more Products for purposes not related to their entrepreneurial, commercial, craft or professional activity, as buyer (hereinafter the “Consumer“), (Seller and Consumer will be hereinafter, individually referred to as “Party” and collectively referred to as the “Parties”).
1.3. Any communication from the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address firstname.lastname@example.org.
1.4. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.5. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply but, by way of derogation from the provisions of the same:
a) the buyer will not be granted the right of withdrawal referred to in Article 10 below;
b) the buyer will not be able to benefit from the right to the warranty on the Products indicated in the following article 8;
c) the buyer will not be recognized any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law and the same category of dedicated subject;
d) the sales contract concluded between the Seller and the Buyer will be governed by Italian law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.6. Simultaneously with the transmission of the purchase order, the Consumer expressly accepts that the confirmation of the information relating to the order placed and these Conditions are sent to him by e-mail to the address declared by the same during registration on the Site or during the purchase process.
1.7. In order to make purchases through the Site, the Consumer must possess the age of majority (18 years) and the ability to act, which the Consumer expressly declares to possess.
1.8. Any costs for connecting via the Internet to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer, remain the sole responsibility of the Consumer.
2. Characteristics of the Products and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published therein at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its sole discretion, by providing notice to users of the Site by e-mail. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. The prices, the Products for sale on the Site and / or the characteristics of the same, may be subject to change without notice. These changes apply only to orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to art. 3, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the States that are indicated on the Site.
3. How to purchase the Products – Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation addressed to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, through the transmission of the order to the Seller, is required to accept in full, as expressly accepted, without reservation and / or exception. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy and to store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by him to the Seller, at the time of registration on the Site, or the transmission of the order if the Consumer is not registered on the Site, of an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Conditions applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication by e-mail to the Seller at the address email@example.com.
3.4. Each contract for the purchase of the Products is concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Procedure for the selection and purchase of Products
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to make the purchase of the Products included in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the purchase. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the “Insert order” button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous art. 3.2. of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the method of immediate payment (contextual to the purchase) by credit card or PayPal or Stripe, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the selection procedure of the Products on the Site referred to in paragraph 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the subsequent purchase is clearly lower than that normally indicated and / or applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Care, by sending an e-mail to the e-mail address firstname.lastname@example.org
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally indicated and / or applied, net of any discounts and / or promotions in force at that time and / or communicated directly to the Consumer by e-mail, due to an obvious technical problem that occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be executed, simultaneously sending a communication in this regard by e-mail, to the e-mail address indicated by the Consumer, during the transmission of the order, and (ii) reimburse the Consumer for any payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 (fourteen) days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction, or other means of payment previously communicated by the Seller to the Consumer;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer by e-mail of the error occurred in the process of completing his order, offering the same, alternatively, to (i) pay to the Seller, no later than the next 5 (five) days, through one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the order of purchase, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the expense of the latter, no later than the next 14 (fourteen) days, sending it to Colorvision Ottica S.r.l., via Fiume n. 36, 32040, Domegge di Cadore (BL) free of damage, complete with all its elements and accessories (including labels and tags unaltered and attached to the product), accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the warranty certificate and accompanied by the return form, suitably completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 (fourteen) days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction, or other, different, means of payment previously communicated by the Seller to the Consumer, provided that the returned Product is intact, free of defects and / or defects and / or manipulations, as well as accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the warranty certificate.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything in its power in order to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 14 (fourteen) days from the day following that on which the Consumer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication, by e-mail, to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to art. 5.3.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to check promptly and in the shortest possible period that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or their discrepancies with respect to the order placed, according to the procedure referred to in art. 8 of these Conditions, failing this, the Products will be considered accepted, removed, as of now, any exception by the Consumer. If the packaging or wrapping of the Products ordered by the Consumer should arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / shipper or to accept delivery “with reserve”.
6. Prices, shipping costs, taxes and fees
6.1. The price of the Products is the one indicated on the Site at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they expressly do not include shipping costs that are calculated before the order confirmation sent by the Seller to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site and simultaneously with the placing of the order.
6.2. The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) will be determined net of any customs duties and any other sales tax, which the Consumer undertakes as of now, to take full charge of it and, therefore, to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. The Consumer shall be solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason, to the Products ordered under these Conditions.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous articles. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and these Conditions and that cannot, in any way, charge the aforementioned charges and / or costs to the Seller.
7.1. The payment of the price of the Products purchased through the Site must be made at the same time as the purchase order sent by the Consumer to the Seller. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time of crediting the price of the Product(s) purchased to the Seller’s current account.
7.2. Payment may be made by credit card or by PayPal or stripe, under the conditions described below. The Seller may allow additional payment methods, including cash on delivery where applicable, indicating them, if applicable, in the payments section of the Site.
7.3. If the payment is made by credit card, the Consumer will be transferred to a protected site and the credit card data will be communicated directly to _____________, with registered office in __________________, registered with the Chamber of Commerce of ________ at the number ___________, operator who deals with payments, on behalf of the Seller. The transmitted data will be sent in protected mode, by means of encrypted transfer with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.
7.4. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.
8. Seller’s legal guarantee of conformity, reporting of conformity defects and warranty interventions
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code“), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty in case of use of the Product in a way that does not comply with that of the Product and with the instructions / warnings provided by the Seller, or reported in the reference illustrative documentation, in the tags or labels, is excluded.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months from their discovery, making a request by e-mail indicating the defect and / or non-conformity found, as well as related documentation (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt or, after 14 days from receipt of the goods, by sending to the Seller’s Customer Care, by e-mail to the address email@example.com, the appropriate form correctly completed (click here to download the return form for defective product).
8.3. Following receipt of the form and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Seller’s assistance service and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code”, by e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not constitute, in any way, recognition of defects or non-conformities and / or any liability, the existence of which must be ascertained after the return, in accordance with the law. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within 30 (thirty) days from the notification of the defect or non-conformity, to the following address:
Colorvision Ottica S.r.l., Via Fiume n. 36, 32040, Domegge di Cadore (BL) – Italy.
8.4. If the Seller is required to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, always by e-mail to the address info@yourcolorvision. it, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the sum due.
9. Liability for defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as distributor of the Products through the Site, is free from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative manufacturer.
10. Right of withdrawal
10.1 The Consumer is entitled to withdraw from any contract concluded under these Conditions, without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of purchase of several Products delivered separately with a single order, the last Product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in paragraph 10.1 above, of his decision by accessing the “My Returns” page from My Account or, if he is not registered on the site, by accessing the dedicated page and entering the order number and the e-mail with which he made the purchase. Alternatively, the Consumer may send a communication to the Seller at the e-mail address info@yourcolorvision. en, of its decision to withdraw using the model withdrawal form provided by the Seller (click here).
10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of the withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the Product, to be transmitted no later than the following 14 (fourteen) days to:
Colorvision Ottica s.r.l., via Fiume n. 36 – 32040 Domegge di Cadore (BL) – ITALY.
10.4 If the Consumer has received the Product, he is required to return it to the address indicated in point 10.3 above, without undue delay and, in any case, within 14 (fourteen) days from the day on which you communicated the withdrawal. The deadline is met if the Consumer sends back the Products before the expiry of the period of 14 (fourteen) days. The risks and direct costs deriving from the return of the Products will remain, in any case, borne by the Consumer, who expressly accepts. If the Consumer exercises the withdrawal through the Site, before confirming the request for withdrawal, the cost for returning the Products will be indicated to the same, if the Consumer wants to use the return service offered by the Site.
10.5 In case of exercise of the right of withdrawal by the Consumer, the latter will be refunded the payments made by the same, including delivery costs, with the exception of additional costs deriving from any choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller and with the exception of any costs of customizing the Product, without undue delay and, in any case, no later than 14 (fourteen) days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in this case, remaining the responsibility of the Consumer for any additional costs deriving from it. The refund may be suspended until receipt of the Products or until the Consumer has demonstrated that he has returned the Products, whichever is earlier.
10.6 The Consumer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. Therefore, if the returned Products are damaged (for example, removal of the authenticity label and / or security seal, sign of wear, abrasion, scratch, deformation, etc.) and / or not complete with all their elements and accessories (including labels and tags unaltered and attached to the Product), not accompanied by the instructions / notes / manuals attached, if present, from the original packaging and packaging and from the warranty certificate, where present, the Consumer will be liable for the decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport.
11. Intellectual Property Rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and / or its assignees, without access to the Site and / or the purchase of the Products can derive any right on the same.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
12. Consumer Data and Privacy Protection
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and / or modify his personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication.
13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), they are not accessible or viewable by unauthorized third parties.
13.2. The Seller, with regard to data relating to credit card payments, uses the services of the _________________
14. Applicable law, attempt at conciliation and place of jurisdiction
14.1. Any sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law with necessary application in force in the State of the latter will be reserved.
14.2 In the event of disputes between the Seller and the Consumer, the latter has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a professional and / or company established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, selectable from a special list available therein. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, the Consumer can access it through the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be indicated in the European ODR Platform is as follows: info@yourcolorvision. en.
14.3. If you do not adhere to the conciliation attempt referred to in paragraph 14.2 above or to other conciliation and / or mediation instruments mandatory according to the law applicable to these Conditions, or in the event of a negative outcome of the aforementioned attempts at conciliation, the dispute will be referred to the Judge of the place of residence or domicile of the Consumer.
INFORMATION RIGHT OF WITHDRAWAL AND RETURN FOR LACK OF NON-CONFORMITY
Right of withdrawal
The Consumer has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days from the delivery of the product or, in case of purchase of several products delivered separately with a single order, from the last delivery received.
To exercise the right of withdrawal, the Consumer must inform Colorvision Ottica S.r.l., with registered office in (32040) Domegge di Cadore (BL), Via Fiume 36, of the withdrawal by sending a communication to the e-mail address: firstname.lastname@example.org, attaching the withdrawal form downloadable on the Site. Following the sending of the e-mail, the Consumer will receive an e-mail confirming the return and the relative return form to be included in the package and the instructions to proceed with the return of the product.
The completed return form must be placed in the package together with the product and sent to:
Colorvision Ottica S.r.l.
Via Fiume 36
32040 Domegge di Cadore (BL) – ITALY
To comply with the withdrawal deadline, simply send the request using the appropriate form (click here) of the expiry of the withdrawal period, by e-mail to the email address email@example.com and following the instructions in the withdrawal confirmation email that will subsequently be sent by Colorvision Ottica S.r.l.
If the Consumer withdraws, the payments made will be refunded, including delivery costs, with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered and with the exception of the costs of customizing the Product, without undue delay and in any case no later than 14 (fourteen) days from when Colorvision Ottica S.r.l. receives the Product that has been subject to withdrawal. These refunds will be made using the same means of payment used for the initial transaction, unless requested for a different payment method, in this case, any additional costs deriving from the different means of payment chosen will be borne by the Consumer.
If the Consumer has received the Product, he must return it to Colorvision Ottica S.r.l. without undue delay and, in any case, within 14 (fourteen) days from the day on which the withdrawal was communicated. The deadline is met if the Products have been returned by the Consumer before the expiry of the period of 14 (fourteen) days. The direct costs for the return of the Products will be borne by the Consumer.
The Consumer is only responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products.
Return for defect or non-conformity
If the Consumer has received an incorrect or damaged Product, please indicate this reason as the reason for the return during the return request, to be carried out in the same manner as described in the previous paragraphs. The Consumer will be asked to upload one or more images relating to the defect found and will receive a confirmation email with instructions to proceed with the shipment.