Terms and conditions

The following general terms and conditions of sale apply to on-line purchases made through the website http://www.polaroideyewear.com by individuals residing in the following Countries: Italy, (excluding Vatican City, San Marino, Livigno) Germany, France, Spain (excluding the Canary Islands), Sweden, Norway, Finland and Denmark.
 
Updated as of 14/06/2018  
 
1. General Provisions
2. Identification of the Seller
3. Information on the Products and Availability
4. Price
5. Method of Purchase
6. Method of Payment
7. Shipping and Delivery
8. Dispatch and Delivery Confirmation
9. Right of Withdrawal
10. Legal guarantees
11. Intellectual Property Rights
12. Applicable Law
13. Contacts
14. Specific approval
 
 
1. General Provisions
 
1.1. These general terms and conditions of sale (“General Terms and Conditions”) regulate the distance sales of Polaroid-labelled eyeglass frames (“Products” or “Product”) made through the website   http://www.polaroideyewear.com (“Website”).
 
1.2. Distance selling services regulated by the General Terms and Conditions are exclusively reserved to consumers of at least 18 years of age (“Clients” or “Client”); the expression 'consumers’ means natural persons acting for purposes outside their trade, business, craft or profession.
 
1.3. Clients must carefully read the General Terms and Conditions, available on the Website, in order to gain knowledge of them before executing the sale contract.
 
1.4 Any amendment to and/or integration into the General Terms and Conditions will become effective as of  the date when the amendments and/or integrations are published on the Website and shall be applied to sales made from that date onward.
 
 
2. Identification of the Seller
 
2.1. The Seller is, Safilo S.p.A., with registered office at via Settima Strada No. 15, 35129 Padua, VAT No. 02952600241 ("Safilo").
 
 
3. Information on the Products and Availability
 
3.1. Information on the Products, together with their price and any applicable additional costs (e.g. shipping expenses), are available on the Website.
The graphic depiction of the Products as displayed on the Website is merely for illustration purposes and may not fully correspond to the actual Products. The Client may rely only on the description of the Products and their main features as indicated on the Website.
 
3.2. Products available on the Website usually represent a selection of the items available in stores; Safilo provides no guarantee that all the Products available on the Website are or will be available also in stores and vice versa.
 
3.3. All the Products are subject to availability. Safilo reserves the right to change and/or limit, at any time and without prior notice, the quantity and/or the type of Products available on the Website, as well as the style, models and colours of the Products available for purchase. Safilo will not be responsible to Clients if a Product becomes unavailable.
 
3.4. Safilo will not under any circumstance be liable in the event of errors arising from a malfunction of the Client’s internet connection to the Website.
 
 
4. Price
 
4.1. The price of the Products indicated on the Website is expressed in the local currency of the Country where the Products will be delivered and where the Client declares to be domiciled upon purchase. The price includes all applicable taxes and duties. Shipping expenses may be added to the price of the Products and will be indicated separately in the order form.
 
 
5. Method of Purchase
 
5.1. The Website provides the main features and the price of each Product.
 
5.2. Before transmitting an order proposal through the Website, the Client is required to carefully read these General Terms and Conditions, in addition to all the instructions provided during the purchasing procedure, the information concerning shipping and delivery expenses, the conditions for exercising the right of withdrawal, and the Privacy Policy.
 
In particular, the Client acknowledges having had access, prior to placing the order, to the General Terms and Conditions, in a legible and understandable manner, and to all the following information:
-      price of the Products and any associated costs (such as delivery charges);
-      the main characteristics of the Products;
-      date on or timescale of delivery of the Products;
-      information on Safilo’s identity and activities, including postal, telephone and email contact information;
-      legal guarantees and, where applicable, commercial guarantees;
-      information relating to the right of withdrawal (existence, conditions, terms of exercise and standard form of withdrawal), return costs, termination provisions and all contractual terms.
 
5.3. In order to purchase a Product, the Client must (i) add the selected Product to the “Cart” by clicking on the specific icon/button, (ii) fill out the order proposal, (iii) select the payment method, (iv) accept the General Terms and Conditions, and (v) transmit the order proposal to Safilo through the Website.
 
5.4. By sending the order proposal, the Client submits a purchase offer for the selected Products, regulated by these General Terms and Conditions and binding for the Client (without prejudice to the right of withdrawal under Article 9 below). The transmission of the order proposal entails the obligation for the Client to pay the price of the Product(s) ordered, but without prejudice to article 5.8 below.
 
5.5. Before transmitting the order proposal, the Client may correct/amend any data entered (including the quantity and/or type of Product ordered, by adding or removing one or more Products from the “Cart”).
 
5.6. The order proposal and the Client’s data related to that order proposal will be processed in compliance with the Privacy Policy available on the Website.
 
5.7. Following receipt of a regular order proposal, the system will promptly generate a confirmation that will be sent via e-mail to the Client to the address indicated in the order proposal (“Order Confirmation”), without prejudice of article 5.8 below.
 
5.8. Safilo may reject an order proposal if: 
(i) the Products become unavailable (without prejudice to the content of Articles 3.3 and 7.2);
(ii) the Client’s payment is invalid and/or unsuccessful; or
(iii) fraudulent or illegal activities are reported, or suspected including the suspicion that purchases are made for commercial purposes contrary to these General Terms and Conditions (for example in cases of repeated orders by the same individuals that could be interpreted as a collection of Products for professional purposes).
In case of rejection of an order proposal, no amount shall be due by  the Client.
 
5.9. The Order Confirmation will include a summary of the purchased Products’ main features, the price, the payment method, as well as a copy of these General Terms and Conditions of Sale.
 
5.10. The risk of loss of or damage(s) to the Products shall pass to the Client when the Client (or a third party chosen by the Client) has acquired physical possession of the Products. Ownership of Products shall not pass to the Client until the purchase price has been effectively paid in full.
 
 
6. Method of Payment
 
6.1. The Client may pay the price of the Products ordered and applicable shipping expenses by Paypal or credit card.
 
6.2. Safilo accepts payments made with Paypal or the following credit cards: Visa, MasterCard and American Express.
 
6.3. The Client’s credit card will be charged only after:
(i) the credit card information has been verified;
(ii) authorisation has been received from the issuer of the credit card used by the Client, and
(iii) the Shipping Receipt Confirmation has been sent to the Client (as defined below).
 
6.4 If, for any reason, the amount due cannot be charged to the credit card provided by the Client within 10 (ten) working days of the date on which the order proposal was sent, the agreement cannot be executed and the order is considered cancelled.
 
 
7. Shipping and Delivery
 
7.1. The Products will be delivered to the address indicated by the Client in the order proposal. Upon delivery, the Client’s signature (or the signature of a Client’s representative) will be required. No deliveries will be made to P.O. Boxes.
 
7.2. Safilo will verify within 2 (two) working days  the occurrence of any supervening disruption in the stock of the Products, despite Safilo’s on-going best efforts to care for availability, or of events of force majeure hindering correct completion of the order. In such a case, Safilo will contact the Client, which will have discretion, to agree with Safilo on alternative ways of executing or waiving the order. Should the Client waive the order, Safilo will not charge the Client any amount.
 
7.3. Safilo shall issue a purchase receipt for each order; the invoice will be sent to the Client via e-mail. The purchase receipt is issued on the basis of the information provided by the Client when the order was made. Once a purchase receipt has been issued, it cannot be modified.
 
7.4. Shipping and delivery expenses are borne by the Client, unless otherwise indicated in the order form, and are indicated separately in the order form.
 
7.5. The purchased Products will be delivered by a courier selected by Safilo (the “Courier”) Monday through Friday, with the exception of local or national holidays.
Deliveries will be made within the standard times of 3-5 (three-five) working days and, in any event, by no later than 30 (thirty) days as of the date of the Order Confirmation (except in case of force majeure or unforeseeable circumstances, as customarily intended under applicable laws including, without limitation, strikes, extraordinary weather conditions, computer faults and telecommunication shutdowns, or other extraordinary circumstances out of Safilo’s control).
The Client will be able to track the shipment through the link provided by Safilo in the email confirming delivery. To the extent that further information or support is needed, the Client can contact Safilo Customer Service through the appropriate online form and request assistance.
 
7.6. Upon delivery of the Products by the courier, the Client (or his/her representative) must verify that:
 
(i) the number of items delivered corresponds to the number of items indicated on the delivery note; and
(ii) the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damage to the packaging and/or to the Product or any discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note.
 
 
8. Dispatch and Delivery Confirmation
 
8.1. Safilo will send an e-mail to the Client confirming dispatch after the Products are shipped (“Dispatch Confirmation”).
 
 
9. Right of Withdrawal
 
9.1. The Client has the right to withdraw from the contract, without specifying any reason, within 14 (fourteen) days of the date on which the Product(s) were delivered to the Client (or to any third party authorised by the Client to accept delivery of the Product(s)).
 
9.2. Should the Client exercise its right of withdrawal, it must return the Product - including any accessories, the original packaging, the receipt of purchase and user manuals - intact, unused and undamaged:
Safilo reserves the right to refuse taking back Products that are damaged, incomplete, deteriorated, tampered with and/or worn out on account of the use thereof. Furthermore, Safilo reserves the right to refuse taking back Products that have been returned more than 14 (fourteen) days after the date on which notice of the withdrawal was given.
For the purpose of returning Products, the Client is required to contact the Safilo Client Service, through the appropriate online form, and provide the order number and purchase receipt. The Client Service will communicate to the client the return authorisation number, which must be affixed outside the packaging, so as to allow the returned products to be managed fromtechnical point of view.  
 
9.3. The Client will incur the expense of returning the goods. Safilo recommends, in this regard, that the Client selects, for the purpose of returning the goods, a forwarding agent that is able to monitor and make the shipment. Safilo is not liable for losses or damage caused to the Product by the forwarding agent that has been chosen by the Client.
 
9.4. The right of withdrawal can be easily exercised by filling out online the appropriate form and sending the request electronically 
The Customer's right to send the notice of termination, in which it indicates all the necessary data, is unaffected (the typical form is available at the following link).
 
9.5. Within 14 (fourteen) days of the date on which the withdrawal communication was made pursuant to Article 9.4., the Client shall return the purchased Product to Safilo by sending the Product to the following address: Safilo S.p.A., via Settima Strada 15, 35129 Padova, Italia
 
9.6. Safilo will refund all the sums paid by the Client, including any cost for standard delivery, without undue delay, within 14 (fourteen) days of notice being given of the Client’s decision to withdraw from the contract pursuant to Article 9.4.
Without prejudice to the provisions set forth in Article 9.2., Safilo reserves the right to suspend the refund until the Product has been received and it has been ascertained that it is intact.
 
 
9.7. Safilo shall make the refund through the same means of payment that the Client used for the initial transaction
 
 
10. Legal Guarantees 
 
10.1. If a Product is affected by a manufacturing defect or by any other alleged lack of conformity, the Client should immediately contact Safilo. To this end, a special online form is also available 
 
10.2. The Products are covered by applicable legal guarantees against defects (including applicable national legal guarantees on hidden defects of the Products resulting from a defect in the materials or a fault in the production process affecting the delivered goods and making them unfit for use) or lack of conformity as provided for by Directive 99/44/EC and the corresponding and applicable national enacting provisions or other mandatory provisions of applicable national laws.
More specifically, the Client is entitled to have the Products brought into conformity by replacement to the extent required by applicable laws and subject to the conditions established by applicable laws).
In case of failure of one of the remedies above (within the terms indicated by applicable laws), the Client will be entitled to seek an appropriate reduction of the price of the Products or have the contract terminated.
The Client will be prevented from exercising the aforementioned rights if he/she does not notify Safilo of the defects within 2 (two) months from the date when the defect was discovered (or any different timing provided for under applicable laws), unless otherwise required by mandatory provisions of applicable national laws (such as in Germany, where the Client may notify Safilo of the defects anytime within the limitation period of two years).
The warranty is applicable if the lack of conformity becomes apparent within 2 (two) years of delivery of the Products.
 
 
11. Intellectual Property Rights
 
11.1. The Polaroid trademark on the Products, together with all the distinctive signs displayed on the Products, on corresponding accessories and/or packaging, whether or not subject to registration, and with all the copyright-protected illustrations, pictures and logos, and, more generally, with all the intellectual property rights, are and remain the exclusive property of the companies belonging to the Safilo Group.
Safilo and/or other Safilo Group companies hold(s) all the rights to select, organise and manage the materials made available on the Website, in addition to the rights to the text, drawings, pictures, graphics, and other materials made available on the Website.
The unauthorised use of any registered mark concerning the Products or displayed on the Website is strictly forbidden.
The Website, including all its materials, is protected globally by applicable laws on intellectual property rights and the terms of use of the materials, irrespective of the presence on the Website of a statement detailing such rights with regard to the materials.
 
 
12. Applicable Law
 
12.1. These General Terms and Conditions and the contracts executed with the Clients, are governed by Italian law (including the Legislative Decree no. 206/2005, “Consumer Code” and particularly Section I of Title III of part III regulating consumer rights in contracts), without prejudice to the contents of Article 6, paragraph II of Regulation (EC) No. 592/2008 of the European Parliament and of the Council of 17 June 2008 (Rome I) and other applicable provisions of private international law requiring mandatory application of the laws of the Client's jurisdiction to the extent that cannot be derogated from by these Terms and Conditions.
 
 
13. Contacts
 
13.1. For further information and assistance with the Website or with the on-line purchases, the Client may contact the Safilo Client Service, through the appropriate online form or write to the following address:
 
Safilo S.p.A.
Via Settima Strada No. 15
35129 Padua
CA: Customer Service
 
 
14. Specific approval
 
14.1 Client declares to have duly examined and to approve specifically the following articles: Article 3 -  Information on the Products and Availability; Article 5 - Method of Purchase; Article 7 - Shipping and Delivery; Article 12 - Applicable Law.