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FOREWORD

This document governs the relationship between users and the owner, as identified hereunder, in relation to sales transactions made on the website www.adorelenses.com (“Website” and “User/Users”). A User who decides not to accept these terms and conditions will not be authorised to use the services of the Website.
The Website may be used exclusively for personal and not commercial or business purposes. A User visiting the Website therefore agrees to make personal and not commercial or business use of the Website, its contents and the information it contains. By visiting the Website and accepting these general terms and conditions (“General Terms and Conditions of Sale”), the User also represents that they are an adult, possessing the legal capacity to act and to have an eye examination for the use of contact lenses, that they have already purchased content lenses under the direct control of an optician, and also know well the warnings and precautions for safe use of contact lenses.

OWNER

The User acknowledges that the owner of the Website is Eyemed Technologies S.r.l., with registered office in Via al Boscaccio no. 3, 21011 Casorate Sempione (VA), tax code and VAT number 04253000964, REA number VA-291359, fax  +39 0331 287 154, e-mail info@eyemed.it (“Owner”).

PURPOSE

The purpose of the Website is the distance selling, through on line instruments organised by the Owner, of contact lenses, graded or cosmetic, and also the supply of personalised consultation services, including through direct contact with qualified specialists, on the correct use and care of the products purchased.

CONCLUSION OF THE AGREEMENT

3.1 Purchase order
In the ”mood and colour” section of the Website, the User may select the products it is intended to purchase, registering the purchase choice using the methods indicated therein. In said section, the User will find all information on the total price to be paid to the Owner for the products chosen, including any delivery charges and any taxes, the main features of the goods chosen, the payment methods, the terms and conditions of withdrawal and the fact that completing the order leads to the obligation of payment. The User also indicates here, for purchase of the contact lenses, the specific grading required for the lenses and their sphere (right and left), radius and diameter.
After selecting the desired product, indicating the above features and reading the above information, the User must fill out the purchase order (“Order”) with their own personal details, e-mail address, the method of payment chosen from those indicated on the specific page of the Owner's website and the delivery address of the goods.
The information and personal data provided by Users must be exact, precise, truthful and up-to-date and the User is fully liable for this.
Before sending the Order to the Owner, the User has the chance to check that the information entered is correct and change it, if necessary. The User is also required to view and accept the warnings and instructions for use of contact lenses, these Terms and Conditions of Sale, the terms and conditions of use of the Website and the privacy policy.
The Owner informs the User that sending the Order leads to an obligation to pay the price indicated for the chosen products.
3.2 Order confirmation
The agreement between the Owner and the User is only concluded when the order confirmation (“Order Confirmation”) is received.
The Order Confirmation contains a summary of the General and Special Terms and Conditions applicable to the agreement between the parties, information on the essential features of the good purchased and a detailed indication of the price, the payment method chosen, the delivery charges and any other charges. In accordance with current regulations, a copy of the General Terms and Conditions will be sent to Users via the link in the Order Confirmation, to allow them to be stored on the User's own computer and/or printed.
The agreement between the parties is not concluded if the User does not receive the Order Confirmation.

DELIVERY

If the Order Confirmation is received, the Owner agrees to deliver the goods to the address indicated by the User within the following 30 days.

IMPOSSIBILITY OF DELIVERY

If the Order cannot be delivered, due to absence of the User at the place of delivery indicated on making the Order and at the agreed time, the Owner, through the delivery service, will leave an undelivered goods notice, indicating the place where the package will be held and the methods to use to agree on collection.
If the Order cannot be delivered for reasons beyond the Owner's control, the agreement will be intended as terminated 30 days after the date when the order is available for delivery. As a result of termination of the agreement, all the amounts paid will be returned, including the delivery charges (excluding any extra costs due if a different delivery method to the method we offer has been chosen) without any unjustified delay and, in any case, within 14 days of the agreement termination date.

AVAILABILITY OF THE PRODUCTS AND SERVICE

All orders of products are subject to availability. If there are problems in supply or the articles are not in stock, the Owner reserves the right to provide information on alternative products of the same or higher quality and value, which the User may decide to order. If the User does not wish to order said alternative products, all amounts already paid will be refunded.

REFUSAL TO PROCESS AN ORDER

The Owner reserves the right to remove any product from the Website at any moment and/or to delete and/or change any material or content of the Website.

The Owner accepts no liability with the User or third parties for removal of any product from the Website or deletion or change of any material or content of the Website.

TRANSFER OF RISK

The risks relating to the products are transferred to the User from the moment when they are delivered, in the place indicated in the order.

WITHDRAWAL

9.1 Exercising the right of withdrawal
Pursuant to art. 52 of Leg. Decree 206/2005, the so-called Consumer Code (“Consumer Code”), as amended by Leg. Decree 21/2014, Users may withdraw from these General Terms and Conditions of Sale, without specifying the reason, within fourteen (14) days from the date of receipt of the goods purchased. The right of withdrawal must be exercised through a specific declaration to be sent to the Owner, by post, fax or to the e-mail address indicated in art. 1. In order to comply with said deadline, it is sufficient for the User to send notice of withdrawal, using the methods indicated above, before the end of the withdrawal period.
The declaration of withdrawal has free content. To assist exercising of this right, the Owner provides Users, at the following link, with the standard withdrawal form attached to the Consumer Code as Annex I, part B, which they may use at their own discretion.
9.2 Refunding of the amounts paid
9.2.1 If the right of withdrawal is exercised, the Owner agrees to refund the amount received from the User, including the delivery costs (excluding any additional costs deriving from the User's choice of a different delivery method, unless it is less expensive that the standard delivery method offered by the Owner), within fourteen (14) days of the moment when it is informed of the User's decision to withdraw from the agreement. Said refunds are made using the same payment method used by the User for the initial transaction, unless the User expressly indicates an alternative method in the specific representation indicated in art. 5.1 above.
9.2.2 The Owner reserves the right to suspend refunding of the sum paid by the User until the date of receipt of the goods from the User or until the User has demonstrated that the goods have been resent to the Owner, if this is earlier.
9.3 Returning the product
If the right of withdrawal is exercised, the User is required to return the goods at their own expense, undamaged, without undue delays and, in any case, within fourteen (14) days of the date when the Owner has been notified of withdrawal, at its registered office, as better indicated in art. 1 above. The deadline is satisfied if the User returns the goods before the end of the return period of fourteen (14) days.
The User pays the delivery charges of the goods.
The product being substantially undamaged is an essential condition for the right of withdrawal to be exercised, since the User is liable to the Owner for any reduction in value of the goods resulting from their different handling with respect to what is necessary to establish their nature, features and functioning. The Owner therefore hereby informs Users that it will not accept goods which have been opened, used and/or deteriorated following ordinary use.
Please therefore take care in handling the products for as long as they are available to you and in your possession. Please include the original packaging, instructions and other documents accompanying products, if present, when you return the article. You must return the product with the delivery document received when the product was delivered.

WARRANTY

In accordance with the requirements of art. 128 et seq. of the Consumer Code, the Owner specifies that the goods sold on the Website are covered by the legally required warranty. The legal warranty applies when, within two years of delivery of the good, the product purchased by the User has a defect in conformity, meaning a good which (i) is not suitable for the use for which goods of the same type are normally intended, (ii) does not correspond with the description provided by the Owner on the Website, (iii) does not have the normal quality and performance of a good of the same type, which the User may reasonably expect.
The legal warranty envisaged by the Consumer Code does not apply when the product is purchased for business, commercial or professional purposes and billed to the purchaser.
If the good purchased has a defect in conformity, as better described above, the User must notify the Owner of this defect within two (2) months of the date of its discovery, at the addresses indicated in art.
1. If the claim proves to be justified after the necessary checks have been performed on the good, the Owner informs the User of their right to replacement of the product, on their own choice and provided that their choice is not excessively expensive with respect to the alternative. If replacement of the good is not possible or excessively expensive for the Owner, the User may, on their own choice, request an appropriate reduction of the price or termination of the agreement.

PRICE AND PAYMENT

11.1 Price
The price to be paid to the Owner will be the one indicated each time on the Website, in relation to the products chosen and the relative quality, plus the delivery charges and any taxes which are indicated to the User on making the order.
11.2 Payment
The User may pay using PayPal.
The card information is encrypted to reduce the risks of unauthorised access by third parties.

CHANGE IN THE SERVICE

The Owner reserves the right to change these General Terms and Conditions of Sale at any time, through general notices to Users published on the Website and/or via e-mail to the User, indicating the date when the changes come into effect, which shall be at least thirty (30) days after the date when the notice is sent by the Owner. Said changes shall always satisfy the minimum rights granted to consumers by current regulations.
The General Terms and Conditions governing relations between the parties are, in all cases, those at the date when the agreement is concluded, indicated through a link in the Order Confirmation e-mail.

LIMITED LIABILITY

The User agrees to be examined by an ophthalmologist and/or an optometrist (“Examination”) before purchasing any contact lens model on the Website, in order to check whether they are able to wear said medical device and also the specific features said lenses must have to satisfy their own individual requirements. The User is therefore fully liable for any orders made on the Website and the technical features which the products ordered have. Users may request a consultation from the Owner, which will be provided by a specialist optician on the basis of the data prepared by the ophthalmologist or optometrist during the Examination.
Within legal limits, the Owner accepts no liability for damages, claims, direct or indirect losses caused to Users by the non-functioning or faulty functioning of the electronic equipment of Users or third parties. The Owner may not be held liable for damages causes by non-supply of the services offered on the Website due to the incorrect functioning of non-functioning of the electronic means of communication beyond its predictable control, including, by way of example, fires, natural disasters, power outages, non-availability of telephone lines or other providers of network services, and also the actions of other Users or other people with access to the network.

SUSPENSION OF THE SERVICE

The Owner reserves the right to suspend supply of the products temporarily, without any prior notice, for the time strictly necessary for the technical work necessary and/or appropriate to improve their quality.
The Owner may interrupt supply of the products, at any time, for justified reasons of security or breaches of confidentiality, notifying Users in this case.

APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

15.1 These General Terms and Conditions are governed by Italian law.

15.2 For any dispute relating to these General Terms and Conditions, pursuant to art. 66-bis of Leg. Decree 206/2005, the court of competent jurisdiction is the one in the place where the User is resident or domiciled, if located in Italy.

NOTICES AND COMPLAINTS

All notices required by these General Terms and Conditions, including any complaints, shall be sent without any specific formalities and also by e-mail to:
- the Owner, with registered office in Via al Boscaccio no. 3, 21011 Casorate Sempione (VA), e-mail info@eyemed.it, tel. +39 0331 201 024 / +39 0331 200 960;
- the User, where they are resident or domiciled, to the fax number or e-mail address notified at the moment of registration, or subsequently changed and communicated to the Website at the address indicated here above.

CONFIDENTIALITY OF PERSONAL DATA

Users' personal data will be processed in accordance with the requirements of Legislative Decree no.
196/2003 on protection of personal data (“Privacy Code”), and subsequent additions and amendments (“Privacy Code”), as better specified in the privacy policy.

FORCE MAJEURE

The Owner may not be held liable for non-fulfilment or delays in fulfilment of any one of its obligations under the agreement caused by events which are beyond its reasonable control ("Events of Force Majeure").
Events of Force Majeure means any act, event, non-occurrence, omission or incident beyond all reasonable control; this expression includes, by way of non-limiting example:
- strikes, lockouts or other trade union unrest;
- uprisings, revolts, terrorist attacks or threats of terrorist attacks, wars (declared and not declared), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- impossibility of using railways, shipments by sea, air or road or other public or private means of transport;
- impossibility of using public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster or other maritime or postal accident or to other means of relevant transport.
It is agreed that fulfilment of the obligations under the agreement is suspended for as long as the Events of Force Majeure last. In these circumstances, the Owner is granted an extension for fulfilment of the agreement equal to the duration of said period. It is agreed that, even when Events of Force Majeure are imminent, the Owner will do its utmost to find a solution which allows it to fulfil its contractual obligations.

PARTIAL INVALIDITY

If any article of these General Terms and Conditions of Sale, or part thereof, are judged to be invalid, illegal or inapplicable by the competent authority, said article, clause or requirement shall be considered as not included, while the other articles, clauses or requirements shall remain valid to the maximum extent allowed by law.

COMPLETENESS OF THE AGREEMENT

These General Terms and Conditions of Sale, and also any document to which express reference is made therein, represent the entire agreement between the User and the Owner on the subject-matter of the Agreement and replace any other prior agreement or understanding between the same parties, whether written or verbal.
The User and the Owner, in signing the agreement, acknowledge that they have not relied on any representation, commitment or promise made by the other party, or inferable from what has been written or said during negotiations prior to the agreement, but only on what is expressly represented in these General Terms and Conditions of Sale.

SETTLEMENT OF DISPUTES

The Owner of the Website informs Users that, from 15 February 2016, they may settle any dispute over the correct application of this Agreement, including, by way of non-limited example, disputes over validity, non-fulfilment, total or partial, of the services provided by the Professional and/or termination of the agreement, through an online procedure (“ODR Procedure”), which may be activated by visiting the online platform provided by the European Commission at the following link http://ec.europa.eu/consumers/odr/ (hereinafter, the, “ODR Platform”).
The Parties remain entitled to settle disputes which have arisen between them before the competent judicial authorities in all cases.