General condition of sale

Identification of the Seller

Name: Po-Le Optik S.r.l.
Address: Via al Cotonificio 21, 2823 Verbania Trobaso (VB), Italy
E-mail: info@nobikaeyewear.com
Telephone: +39 0323 572922

(hereinafter called “the Seller”)

Article 1
Field of application

1.1.            These General Condition of Sale (hereinafter called “GCS”), together with the website terms of use (hereinafter the “Website terms”), are intended to be applied to all sales of the products displayed via the internet site www.shop.nobikaeyewear.com (hereinafter the “Website”).

1.2.           The Website is in English language and the sale contract can be concluded in English language only. The Customer, by accepting these general conditions it declares that it fully understands the English language. These GCS apply to the exclusion of any other conditions.

1.3.            The Seller reserves the right to change the present GCS at any time. Any amendment of the GCS shall be effective exclusively for all new orders submitted following the publication of the amendment on the Website.

1.4.            The GCS may be printed, downloaded and or stored by the Customer.

1.5.            The Website is intended only for sales to consumers being of legal age, acting for purposes which are outside their trade, business, craft or profession (hereinafter “the Customer(s)”). The products displayed on the Website are not intended for re-sale. Orders for quantities exceeding typical personal use are not permitted.

Article 2
Purchase procedure and conclusion of contract / Order and acceptance

2.1.            Customers choose products by clicking on their respective images and then they can directly place their orders by filling out the order form and accepting the present GCS, or they can include the chosen products in the shopping cart and subsequently place the order. Prior to submitting an order a Customer is required to verify the accuracy of the information provided, by clicking the “Review order” button and making any necessary corrections. A purchase order is submitted to Seller when the Customer selects the “Pay now” button. The Customer shall shortly thereafter receive an email acknowledging the receipt of the order.

2.2.            The sale contract is deemed concluded as soon as the Customer receives an email stating that the order shall be processed for shipment. The Seller reserves the right not to accept the order if the products are not available or if the payment authorisation is rejected by financial institutions.

2.3.            The Seller reserves the right to change the assortment of products displayed on the Website at any time.

Article 3
Prices and payment conditions

3.1.        The prices of the products on sale on the Website are indicated in Euro and are inclusive of VAT or other applicable sales taxes in the Seller’s country. The prices shown on the Website do not include the shipping costs which shall be charged to the Customer separately and shall appear during the ordering process after the Customer has provided the shipping address information. The total order price will be shown before Customer is prompted to select the “Pay now” button.

3.2.        The Seller reserves the right to modify the prices of products displayed on the Website, or to correct any errors or inaccuracies, at any time.

3.3.        Payment is limited to the following payment methods: Visa, MasterCard, Maestro, American Express and PayPal.

Article 4
Delivery

4.1.            If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you at once. We reserve the right not to deliver to any country that is prohibited by applicable export law.

4.2.            The products shall be delivered to the address indicated in the order and the Seller shall do its best to deliver the Products within a reasonable time from the order as provided by applicable law. Customers will receive an email informing them of the tracking number to follow the delivery. No delivery shall be made to P.O. boxes or similar. Delivery shall be made only to persons of legal age. The Customer acknowledges that any person at the delivery address shall be authorised to take delivery.

4.3.        The risk of loss of or damage to the ordered products passes to the Customer at delivery pursuant to Article 4.2.

4.4.            If the Seller is unable to contact the Customer after making reasonable attempts to arrange delivery, the Seller may notify the Customer of a 5 calendar days notice period within which delivery will be attempted. Subject to the right to cancel the purchase according to Article 5, below, if the Customer fails to take delivery within the notice period the Seller may terminate the sale contract and may charge the Customer the costs of delivery and claim additional damages, if any.

4.5             In case of deliveries outside the European Union, the parcel carrying the products may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Customer will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot calculate in advance their amount. Please contact your local customs office for further information before placing your order. In the event that you return a product from outside the EU, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

Article 5
Returns

Return right

5.1.            Pursuant to Article 52 of the Italian Consumer Code (Legislative Decree No. 206 of September 6, 2005), the Customer has the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day on which the Customer, or a third party other than the carrier which has been indicated by the Customer, acquires physical possession of the products. To exercise the right of withdrawal, the Customer must give notice to the Seller, by post (Po-Le Optik S.r.l., Via al Cotonificio 21, 28923 Verbania Trobaso (VB), Italy) or e-mail info@nobikaeyewear.com of its decision to withdraw from this contract by an unequivocal statement. A draft model return form is indicated in Annex I  but it is not obligatory; the Customer may alternatively submit any other unequivocal statement of its withdrawal from this contract electronically on the Seller’s Website or otherwise. If the Customer exercises this withdrawal option, the Seller will communicate to the Customer an acknowledgement of receipt of such a withdrawal in a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

5.2.            If the Customer withdraws from this contract, the Seller shall reimburse the Customer for all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller and possible applicable charges, such as customs duties), without undue delay and in any event not later than 14 calendar days from the day on which the Seller is informed of the Customer’s decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or the Customer has supplied evidence of having sent back the products, whichever is the earliest.

5.3.            The Customer shall send back the products or hand them over to the Seller, without undue delay and in any event not later than 14 calendar days from the day on which the Customer communicates its withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the products before the period of 14 calendar days has expired. The Customer will have to bear the direct cost of returning the products and should send back the products by means of an express courier with the possibility of tracking the package.

5.4.            The Customer must return the products in their original state and in the original boxes in which they were delivered together with any accessories, tag or instruction manuals. The Product and their boxes have to be sent in a protective shipping box. Labels must not be removed. The Customer shall be responsible for any diminished value of the products resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the products. Products must be returned unworn (save for what is necessary to try them on), unwashed, undamaged. The Seller may refuse to refund products that have deteriorated; been damaged or tampered with; have had their labels removed; or are in a state that clearly indicates that the products have been used other than as permitted by applicable law (e.g. if, after delivery the Customer has mounted the lenses to the glasses).

5.5.            Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the products itself, the risks of damage to or loss of the products during their return is borne by the Customer.

5.6.            Where the sale contract concerns multiple products, the exercise of the right of withdrawal may apply to one or more products purchased.

Article 6
Characteristics of products

The Seller has undertaken reasonable efforts to ensure that the images of the products on the Website are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the products due to technical limitations. The Seller shall not be liable for any inadequacy of the graphic representation of the Seller’s products displayed on the Website arising from such technical limitations.

Article 7
Conformity of products

7.1.            Upon receipt of the products the Customer should check that they correspond to items ordered and their conformity to the contract.

7.2.            All the products offered for sale on the Website benefit from the legal warranty pursuant to Articles 129 et seq. of the Italian Consumer Code and/or by the applicable law according to Article 11 of the present GCS. The Seller is liable for any lack of conformity, which already existed at the time of delivery of the products, that becomes apparent within two years from delivery of the products, or longer period if provided by the national applicable law according to Article 11 of the GCS.

7.3.           The Customer can choose between either repair or replacement of the product that does not conform, provided that the remedy chosen is not impossible or overly onerous with respect to the other under the terms and conditions set forth in article 130, paragraphs 3, 4, 5, and 6 of the Italian Consumer Code. In the cases referred to in paragraphs 7, 8 and 9 of Article 130 of the Italian Consumer Code, the Customer may choose between either cancelling the purchase or a price reduction.

The Seller is not responsible for any defects deriving from improper use of the products.

7.4.           Any complaint for non-conformity must be communicated to the Seller to the following address: info@nobikaeyewear.com with a description of the non-conformity, as soon as possible and in any case within two months from when it has discovered the existence of the non conformity or within the possible longer time limit provided for by applicable law according to art. 11 of these GCS.

Article 8
Force Majeure

The Seller will not be responsible for any delay or failure to comply with these GCS if the delay or failure arises from any event which is beyond the Seller’s reasonable control. Such events would include (but are not limited to) for e.g. epidemic, fires floods, earthquakes, natural disasters, war, act of terrorism.

Article 9
Privacy and data protection

Pursuant to Article 13 of Regulation UE 2016/679 (GDPR) Po-Le Optik S.r.l., acting as data controller, informs the Customer that the personal data provided by the Customer pursuant to this document or any that the Customer may provide subsequently shall be used for the purposes of confirming Customer’s order and managing the relationship with the Customer; the legal basis for processing is the execution of the sale contract. Providing personal data is not compulsory, however, the refusal to provide the requested data will make it impossible to manage and to carry out the required purchase orders; the Customer is entitled to the right to access, rectification, cancellation of its personal data or to the right to limit the processing or object to the processing of Customer’s personal data or to ask for a copy of your personal data to be provided to the Customer and/or to a third party in digital format; the Customer may exercise his rights by writing to Po-Le Optik S.r.l.,  sending an email info@nobikaeyewear.com ; the Customer also has the right to lodge a complaint about the processing of his personal data with the local data protection authority. Customer’s email may also be used in order to send news and exclusive offers, it being understood that Customer may refuse to have its e-mail processed for such purpose at any time during the purchase order procedure or after by writing to the Seller info@nobikaeyewear.com.

The Customer may exercise its rights of access, rectification, cancellation or, limitation of the processing, objection to the processing and to ask for a copy of Customer’s personal data to be provided to Customer and/or to a third party in digital format by writing to Po-Le Optik S.r.l., sending an email to info@nobikaeyewear.com.

The Customer has the right to withdraw consent at any time without affecting the lawfulness of processing before its withdrawal; the Customer also has the right to lodge a complaint about the processing of its personal data with the local data protection authority;

Personal data are collected and will be processed lawfully and fairly, they will be processed through computer and telematics means, and they will be guarded and controlled in order to minimize the risk of destruction or loss, even if accidental, unauthorized access and processing not permitted or not in accordance with the purposes of their collection. Customer’s data will be stored as long as its necessary to fulfil the order, or as long as Customer agrees to receive Po-Le Optik communications, after which Po-Le Optik may store Customer’s data only for the period strictly necessary in order to comply with legal requirements. 

For the purpose of fulfilling the purchase order Po-Le Optik S.r.l., may provide Customer’s personal data to third parties such as carries, financial institutions legal and fiscal consultants government entities and regulatory bodies.

 For further information Customer can consult our Privacy Policy posted on our website.

Article 10
Intellectual Property, trademarks and designs

The trade name Po-Le Optik and the trademark Nobìka as well as all other trade marks, trade names on the products, boxes and packaging and the design of the products whether these are registered or not, are exclusive property of the Seller. The total or partial reproduction, modification, tampering with or use of said trademarks, illustrations, logos, images, designs, for whatever reason and on whatever medium without the prior express agreement of the Seller are prohibited.

Article 11
Applicable law

These General Conditions of Sale are governed by the laws of Italy without prejudice to the protection afforded to the Customer by mandatory applicable law.

Article 12
Dispute resolution

12.1.           A European Platform for On-line Dispute resolution is provided for extrajudicial consumer disputes (ODR platform). The ODR platform is accessible at the following link: http://ec.europa.eu/consumers/odr/

12.2.           In case of disputes that may arise in relation to the present GCS the Courts of the Member State where the Customer has its domicile shall be competent, or, at the choice of the Customer, the Courts of the Member State where the Seller is domiciled shall be competent.

12.3.          However, if the Seller does not direct its business to the Member State of the Customer’s domicile, the Courts of the seat of the Seller shall have exclusive jurisdiction.

 

Annex I
Model return form

 

To Po-Le Optik S.r.l., Via al Cotonificio 21, 2823 Verbania Trobaso (VB), Italy;
E-mail info@nobikaeyewear.com :
 
  • I …………… hereby give notice that I …………… withdraw from my ……………  contract of sale of the following products:
  • Ordered on / received on:________________________________________________________
  • Name of Customer: _____________________________________________________________
  • Address of Customer: ___________________________________________________________
  • Signature of Customer(s) (only if this form is notified on paper): __________________________

Date _________________________________________________________________________