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Bedingungen und Konditionen

GENERAL TERMS AND CONDITIONS OF SALE

Occhialando invites you to carefully read this document, as at the time of placing any orders, you will be asked to acknowledge and accept them. The Sales Terms and Conditions listed here govern the offer and sale of products on the website www.occhialando.de.

ONLINE ORDER

The online order constitutes acceptance of the terms and conditions stated herein and establishes a contract between the Buyer (who must be an adult) and Occhialando for the purchase of products listed in Occhialando's online catalog. Occhialando may modify the General Terms without prior notice. These modifications will be effective from the date of their publication on the Website. The General Terms applicable at the time of the conclusion of the sales contract will apply to purchase orders sent to Occhialando before the publication of the aforementioned modifications. Purchases made on Occhialando are governed, to the extent not expressly provided in the following purchase conditions, by Legislative Decree no. 185 of May 22, 1999, relating to consumer protection in distance contracts.

PRODUCT FEATURES ONLINE

The product features are listed in the online catalog and are visible at the time of selection and completion of the order before the conclusion of the submission process. Occhialando is not responsible for color changes and/or different prints made by the manufacturing company as a result of packaging changes. The visual representation of the products on the website, where available, generally corresponds to a photographic image of the products and is intended solely for presentation and sale, without any warranty or explicit or implicit commitment by Occhialando regarding the exact correspondence of the image depicted on the website with the actual product, especially in terms of dimensions and/or color aspects of lenses and frames.
The offer of products and services by Occhialando is directed towards consumer users. Consumer users refer to individuals who purchase the products presented on the website for purposes unrelated to any entrepreneurial or professional activity they may conduct, in accordance with the provisions of Legislative Decree No. 206 of September 6, 2005 (the "Consumer Code"). For the purposes of these General Conditions, a person is not considered a consumer if, at the time of purchasing a product or service, they expressly state in the personal data notes that they belong to the category "Companies, organizations, professionals with VAT numbers," and simultaneously provide their VAT number. In cases where it is not expressly stated that they belong to the business category, the order will be handled as a consumer order. Companies have different rights and guarantees compared to consumers.

PRODUCT PRICES

The prices published on the homepage or in various sections of the website dedicated to each individual product are inclusive of VAT and do not include any applicable taxes, duties, and fees in the destination country of the products, if different from Italy. These costs, varying from country to country, are the responsibility of the Customer, who is obligated to verify the amount with the competent customs authorities. In addition to the price of each individual product, the cost of shipping must be added. The shipping cost may vary based on the delivery and payment method, as well as the destination country.
The total amount due for the selected products will be clearly indicated and communicated to the Customer before the conclusion of the sales contract. The prices listed on the website are subject to possible changes and/or modifications by Occhialando, without any obligation to notify the Customer in advance. These changes may be due, among other reasons, to increases decided by Occhialando's suppliers. For sales contracts concluded prior to the publication of these modifications but still in progress, the prices in effect at the time of order receipt will apply, unless system errors occur, which will be promptly reported by the Occhialando Staff.

CONCLUSION OF THE CONTRACT

Upon receipt of the order, Occhialando will send the Customer a confirmation email containing the details of the order and all the purchase-related information, including the type of products requested and their respective costs, as well as the Customer's personal information and contact details. The Customer is responsible for verifying the accuracy of their personal data and promptly notifying Occhialando of any changes.
The receipt of the confirmation email signifies the Customer's acknowledgment and acceptance of the General and Specific Terms and Conditions. Upon receiving Occhialando's acceptance of the order, the processing will commence. The contract will be considered accepted and binding as described in the General Purchase Conditions when Occhialando proceeds to capture the previously authorized amount.
Occhialando may send a refusal of the order to the END CUSTOMER and reserves, at its sole discretion, the right to cancel any order in the event of material errors related to the Customer's order or the information sent by the Customer through the website: www.occhialando.it (e.g., incorrect selected product price, non-existent email address, etc.). The shipment will be communicated to the Customer via email by Occhialando and the chosen courier.
For each sales contract made through the website, Occhialando will issue the corresponding legally required accounting document related to the purchased products and/or services. It will not be possible to make any changes to the accounting document after its issuance, nor will it be possible to issue this document if a Customer has not provided their VAT number or Tax Code. If VAT or Tax Code is not explicitly provided during user data registration, it will no longer be possible to issue an Electronic Receipt for Tax Deduction or an Invoice; instead, a non-deductible Fiscal Receipt will be issued.
Occhialando has the right to withdraw from each sales contract concluded by the Customer or the Consumer, providing written notice via email. Additionally, Occhialando may refuse any order from Users or Customers who have engaged in irregular behavior or are suspected of engaging in unlawful activities or as mandated by a judicial authority.

PRODUCT AVAILABILITY

AVAILABLE:

Products listed as "AVAILABLE" are items in the manufacturer's collection or present in our warehouses, and therefore are still available for purchase. The product remains in "AVAILABLE" mode even during procurement, which may take approximately 5 to 30 working days to be ready for shipping.
In the event that the purchased product is in procurement, the customer will be promptly notified via email, indicating the estimated timeframe for the product to be ready for shipping. The customer will then have the option to wait for the procurement timeframe, choose a different model, or cancel the order and receive a refund of the amount paid.
Please note: In "rare cases," the website may not be updated in real-time regarding the actual availability of the ordered goods, considering the extensive range of over 30,000 active products. Therefore, a product listed as "AVAILABLE" may change status to "OUT OF PRODUCTION." In such a case, the customer will be promptly notified via email and will have the option to choose a different model or cancel the order and receive a refund of the amount paid.

OUT OF STOCK:

Products labeled as "OUT OF STOCK" are items currently not available for purchase. These products are not in production and, therefore, cannot be ordered at the moment.

BACKORDER:

Products indicated as "BACKORDER" are items in production by the manufacturer. The product in "BACKORDER" status will be ready for shipping within approximately 15 - 30 working days.

Please note: In "rare cases," the website may not be updated in real-time regarding the actual availability of the ordered goods, considering the extensive range of over 30,000 active products. Therefore, a product listed as "BACKORDER" may change status to "OUT OF PRODUCTION." In such a case, the customer will be promptly notified via email and will have the option to choose a different model or cancel the order and receive a refund of the amount paid.

ORDER PROCESSING TIMES

On the Occhialando website, we provide the total processing times for the product ordered by the Customer to be fully available at Occhialando and ready for shipping and delivery to the Customer. We anticipate a processing period ranging from 2 to 6 working days. It's important to note that these times may vary, both due to a high volume of simultaneous orders from various users that may deplete the product, and due to delays in the logistics of our external warehouses, which are beyond our complete control. Occhialando is committed to doing its best to adhere to the stated times and ensure efficient and satisfactory delivery for the Customer.
In the event that the processing times for the ordered product experience delays beyond what is indicated on the website, Occhialando is committed to sending a specific notification to the Customer via email, informing them of the delay. It's essential to emphasize that no liability of any kind can be attributed to Occhialando by the Customer in the event of a delay in order processing. Occhialando will work diligently to minimize any delays and ensure timely delivery.
Occhialando encourages the Customer to periodically check the status of their order in the "My Account" section and to contact Customer Support only if the order status does not change to "SHIPPED" within the 2-6 working day timeframe.

PRODUCT SHIPMENT AND DELIVERY

The responsibility for product shipments lies with Occhialando until the package containing the goods is picked up by the Customer. The responsibility for the merchandise is transferred to the Customer upon delivery of the Products.
To ensure a successful delivery of the ordered products, the presence of the Customer or an authorized representative is always required. If neither is available at the time and place of delivery, the courier will leave a second delivery notice for the next working day. If the delivery is unsuccessful again, the merchandise will be held at the courier's branch, and it will be the customer's responsibility to pick up the goods from the designated branch. Occhialando assumes no responsibility for disruptions attributable to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe. In cases of force majeure, unavailability of transportation means, unforeseeable events, Occhialando reserves the right to resolve the Sales Contract or to split, postpone, or cancel the planned delivery, in whole or in part, if these events cause a delay in deliveries or make them difficult or impossible and/or result in a significant increase in their cost for Occhialando. In such cases, Occhialando will promptly communicate its intentions to the Customer's email address. The Customer, in such cases, will have the right to receive a refund of the amount paid, excluding any further claims or compensation, for any reason, against Occhialando. Delivery of the product in remote or hard-to-reach areas for the courier may have cost and delivery time variations, always communicated to the customer by Occhialando.

Orders that are insured by selecting the appropriate option in the checkout are fully insured in the event of the package being lost in transit by the courier. This entails shipping an identical product to the one ordered.

In the event that the package shows obvious signs of damage during delivery, it is ESSENTIAL to accept it "subject to inspection." Without this acceptance with reservation, "Occhialando" will not be able to intervene in any way to protect your rights. The acceptance with reservation procedure allows us to request a full refund for the damage from the courier, ensuring maximum protection for the Customer in the event of damage or theft of the product during transportation.

For Italy, the couriers used are BRT, GLS, and DHL.

For Europe and the USA, the couriers used are DHL, GLS, and DPD.

The Customer is encouraged to accept the delivered goods and avoid refusing the package.

All customs fees are the responsibility of the buyer.

SHIPMENTS WITHIN ITALY:

In Italy, free delivery promotion is available for orders over €69.00, up to a weight of 3 kg. For amounts less than €69.00, the promotion is not applicable, and the shipping contribution is €4.90 EUR (inclusive of VAT). Shipments to remote areas or smaller islands will never be eligible for free delivery. For additional information on personalized shipments, delivery status, or to provide suggestions and guidance, please contact: service-support@occhialando.de.

SHIPMENTS TO EUROPE-USA:

The cost of shipments within the EU and to countries outside the EU can be calculated after adding a product to the cart before proceeding to checkout by clicking on "Estimate Shipping & Taxes" and entering the "Country," "Region/State," and "ZIP code." For further information on personalized shipments, contact us by sending an email to: service-support@occhialando.de.

Please note that for all shipments to non-EU countries, customs duties are applicable and are the responsibility of the buyer.

If the data provided by the user is incomplete or inaccurate, making it impossible for billing and parcel delivery, Occhialando will not process the order and will contact the customer for clarification. In the event of no response from the Customer, Occhialando will proceed to cancel the Order. If the customer provides incorrect or incomplete delivery information, Occhialando is not responsible, and the Buyer will be required to pay for a new shipment for delivery.

Note: For payments made with PayPal, it is NOT possible to modify the shipping address provided in the PayPal transaction for the order/payment.

STANDARD SHIPPING AND EXPRESS SHIPPING

In Italy, the transit times for the following delivery options are as follows:

  • Standard Shipping: 2-4 working days
  • Express Shipping: 24-48 working hours

The indicated timelines are calculated from the moment the order is handed over to the courier for delivery. Additionally, they may vary if the delivery address is in remote, disadvantaged, islands, or smaller islands.

PAYMENT METHODS

Occhialando offers four payment methods to choose from at the time of order completion:

  • Payment by advance bank transfer (details will be provided via email upon order completion)
  • PayPal
  • Credit Card
  • ScalaPay

Occhialando is not responsible for any fraudulent or illicit use that the Customer may make of credit cards and other means of payment when purchasing products on the website www.occhialando.de

INVOICING

For purchases made without the insertion of the tax code, VAT number, or without an explicit request for an invoice within the purchase operation timeframe in the designated fields during registration, the transactions will be recorded for tax purposes through a receipt and fiscal receipt in compliance with current regulations. Therefore, it will not be possible to request an invoice later. If an invoice is needed, the customer is advised to make a timely request in accordance with the indicated provisions.

REFUND METHODS

Occhialando provides 4 refund methods, which must correspond to the original payment method:

  • Payment by bank transfer (to view our bank payment, 2-3 working days)
  • PayPal
  • Credit Card
  • ScalaPay

The refund will be made within 14 (fourteen) calendar days from the Buyer's request.

SECURITY

Occhialando uses the highest state-of-the-art security standards to keep your personal information private, including data transmission through SSL (Secure Socket Layers). These security measures are constantly updated according to the latest advancements in information technology. Occhialando guarantees compliance with the minimum security measures specified by the Privacy Code and subsequent amendments.

CUSTOMER SERVICE

When contacting or being contacted by Occhialando's customer service, calls may be recorded for "staff training" or "security purposes." These recorded calls will not be disclosed to third parties but will be used internally for customer service staff training purposes. Alternatively, they may only be disclosed upon request by judicial authorities or law enforcement, always in compliance with privacy laws.

COMPLAINTS

For any clarification or potential complaint, you can contact our Customer Support at +39 0598303572 or via email at: service-support@occhialando.de

The sales contract between the Customer and Occhialando is deemed concluded in Italy and governed by Italian law, even for a foreign customer. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the reference court in the municipality of Modena.

RIGHT OF WITHDRAWAL

Legislative Decree 206/2005 regarding consumer protection in distance contracts provides, in Article 5, the possibility for the consumer to exercise the right of withdrawal. This right allows the consumer, exclusively, to unconditionally withdraw from the purchase, i.e., without having to provide Occhialando with any explanation, within a period of 14 consecutive days from receiving the goods. Occhialando will refund the consumer the amount paid for the purchased products.

The right of withdrawal can be exercised at any time within 14 (fourteen) consecutive calendar days from receiving the goods by filling out the appropriate form available in the section https://www.occhialando.de/konto/return/add.

After expressing the intention to exercise the right of withdrawal, within 14 days from receiving the goods, the consumer can proceed with the return within 14 calendar days from the communication of the "Right of Withdrawal." All details, including the return address, are provided in the automatic email sent once the form is completed. It is important to emphasize that the cost of return shipping will always be borne by the buyer, who can choose the most convenient shipping method. Occhialando will not accept return shipments with cash on delivery or collect on delivery payment unless they have been previously authorized.

Once the products subject to withdrawal are received, Occhialando will promptly, and in any case not later than 14 (fourteen) days, refund the amounts paid by the Buyer. For the valid exercise of the right of withdrawal, the Consumer must comply with the following conditions and methods:

  • The right of withdrawal can also apply limited to the individual Products subject to a single Sales Contract. However, the Consumer cannot exercise the right of withdrawal limited to part of the individual Product purchased.
  • All Products for which the Consumer has exercised the right of withdrawal must be intact, like the original packaging, complete in all its parts including packaging material, any seals applied, and any accompanying documentation.

All packages must be sent via a traceable method. If the Product for which the right of withdrawal has been exercised is received damaged at Occhialando, Occhialando will notify the Consumer to allow them, if possible, to exercise their right of recourse against the courier chosen for the return of the products. Occhialando will not be responsible in any case for damages, theft, or loss of Products subject to return until they are redelivered. Every risk, before delivering the package to Occhialando, will, therefore, be the sole responsibility of the Consumer.

The items must be returned:

  • Correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged, or soiled), and complete with all their possible accessories, instructions for use, and documentation.
  • Provided with the transport document (present in the original packaging), in a way that allows Occhialando to uniquely identify the customer (order number, name, surname, and address).
  • Without any signs of use, except for those compatible with the conduct of a normal test of the article. They should not show traces of prolonged use (beyond a few minutes) exceeding the time necessary for a test and should not be in a state that does not allow resale.

NOTE: The right of withdrawal with "Product Exchange" for purchased items is granted only once, so the buyer is encouraged to try the products before purchasing them. The request for a second replacement cannot be accepted. In accordance with art. 64 et seq. of Legislative Decree no. 206/2005, products "custom-made" such as: Prescription Glasses, or Customized Glasses different from the original, even if non-prescription, both sunglasses and prescription glasses, made with a configuration requested by the Customer for all parts of the Glasses are not subject to the right of withdrawal. Occhialando guarantees products free from any defects.

WARRANTY

If the Products or Services are covered by a manufacturer's conventional warranty, any defects or non-compliance must be reported to Occhialando. Except for mandatory legal provisions, Occhialando declares that it has no responsibility for defects, flaws, or product non-compliance. The Consumer's statutory warranty rights under Legislative Decree 206/2005 are preserved. In such cases, the Consumer must report the defect to Occhialando's Customer Service. Occhialando will make every reasonable effort to verify and possibly replace, at its own expense (excluding shipping and return costs, which will be borne by the buyer), and within a reasonable time, the defective product. If this is not possible or excessively burdensome for Occhialando, the Consumer will have the right to terminate the Sales Contract and consequently obtain a refund of the sums paid for the purchase of the Product, excluding any further liability of Occhialando, for any reason whatsoever.
If the Customer detects any discrepancies between what was ordered and what was received, and in particular, experiences any issues regarding the physical integrity, correspondence, or completeness of the products received, they must promptly inform Occhialando's Customer Service. Occhialando's Customer Service will provide the necessary instructions to resolve the problem, if possible, and arrange for the shipment of missing items, replacement of defective items, or their refund.

Note

Before proceeding with the shipment, the Occhialando staff performs a quality check on the product. They carefully and meticulously verify the product for any manufacturing defects and/or scratches, including testing movable parts.
It is emphasized that manufacturing defects are not attributed to product wear and tear due to use but are noticeable shortly after purchase. However, any accidental breakage and/or scratches caused by the Buyer are not covered by the warranty.

Privacy Protection

Occhialando, with VAT number 02613890363, informs that the personal data provided during the order, registration on the website, or in any other way are subject to processing according to the European Privacy Law 2016/679 GDPR. These data are available to the consumer for verification, modification, or deletion by contacting Occhialando.
Please visit this for more information on the
European Privacy Law 2016/679 GDPR.

Applicable Law and Jurisdiction

This contract will be governed by Italian law. In case of a dispute, the competent judicial authority will be the Ordinary Judicial Authority of Modena.