Returns and Exchanges
According to the article 52 of the “Codice del Consumo”, the Customer has the right to withdraw from the contract, without needing to specify reasons, within 14 (fourteen) days from the date on which the Customer (or a delegate at product delivery time) materially comes into possession of the the products themselves or, in case of split delivery, from the date on which the customer materially comes into possession of the last product.
How to Exercise the Right of Withdrawal
To exercise the right of withdrawal, the customer is obliged to inform us of his decision to withdraw from the purchase contract through an explicit declaration by means of a letter sent by mail, fax or email.
The right of withdrawal exercise statement must indicate (i) the Products for which the customer wishes to exercise the right of withdrawal; (ii) the order number and (iii) in the event that the customer has paid for the products through bank transfer, the IBAN code on which the refund is to be made.
In order to comply with the withdrawal period, it is enough for you to send the statement related to the exercise of the right of withdrawal prior to the deadline of the withdrawal period.
The notice must be sent to the following address:
Via Vitruvio 97/99, 04023 Formia (LT) - Italia
c.a. Assistenza alle vendite online
As an alternative, the customer might use the withdrawal procedure form available within his/her account.
Within the account, select Order History and Details, then click on DETAILS of the reference order. Within this screen:
- - Select the products (and the quantities) you wish to be returned. Further down, in the space provided, illustrate the reasons for the product return.
- - Further down, it is possible to leave a comment on the order. Then send the request. It will be analyzed and you will be notified of the outcome.
- - If accepted, you could follow its progress through the “Return Requests (in progress)” in your personal Account.
Within 14 (fourteen) days of the withdrawal notice (submitted in accordance with the previous Article 10.2) the customer must return the purchased items by sending them to the following address, with the most appropriate shipping method according to the value of the products: Ottica Lucciola Via Vitruvio 97/99 04023 Formia (LT) Italia.
In the case of return of goods from non-European countries, the goods must be sent to the address previously indicated by post or courier according to your preferences. We recommend a standard shipping service with tracking and insured as the sender will be responsible for any damage, non-delivery, delays.
The shipping costs for returning the product and any other related amount such as local taxes, customs duties, import and/or customs clearance for the goods are charged to the Customer and will eventually be deducted from the final refund.
Before making the return inquire with your authorities if there is the possibility of reimbursement of taxes and VAT paid.
When filling in the customs declaration forms (CN22 and / or CN23) it is necessary to indicate "Returned goods - Failed sale" and attach them to the outside of the package.
In the event that customs duties/charges will be found, the parcel will NOT be accepted and will be rejected (blocked at customs or sent back with any further expenses always borne by the sender).
Alternatively, if accepted by our staff, the additional costs incurred will be deducted from the refund amount.
In the event that the returned products are damaged (even slightly), show clear signs of wear (even slightly), lack the original case / protections / labels / accessories / documentation / other contents, such that their commercial value is decreased, Ottica Lucciola reserves the right to retain an amount equal to the decrease in value of the products. This assessment is done when the items are returned.
We recommend that you take all necessary precautions to ensure the protection of the products. Any product that Ottica Lucciola considers damaged or incomplete will not be refunded.
In the event that you decide to employ a courier of your choice to return the order, the package containing the return is under your responsibility until it reaches the offices of Ottica Lucciola. Ottica Lucciola is not responsible of any loss, damage due to poor packaging or delays in the delivery of the return.
Ottica Lucciola will provide for the refund of the amount paid by the Customer, within 14 (fourteen) days of the date in which the returned products will be received.
In the event that the order was paid by cash on delivery, the amount will not be refunded.
Customized and Graduated Products
The right of withdrawal referenced by Articles 52 to 58 for distance contracts and contracts negotiated outside business premises is excluded in relation to the supply of custom-made items; by way of example and not limited to, products on which the initials of the customer are engraved and graduated glasses made on the basis of specific indications provided by the customer, fall into this category.
With the exception of custom-made and graduated products, Ottica Lucciola provides the client the option to replace the products purchased on the website. To that end, the customer must:
(I) (i) at product reception, contact Ottica Lucciola through email at the address: email@example.com
(II) (ii) Subsequently, fill in the form, received alongside the products you wish to replace, clearly stating the code indicated on the website of the new products you wish to receive;
(III) (iii) Within and no later than 14 (fourteen) from the date of product reception, ship them to Ottica Lucciola, in the original state in which they were found at the moment of reception, including labels, together with the form mentioned in the previous article;
The Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than what is necessary to ascertain its nature, characteristics and operation.
Ottica Lucciola will refund the amount paid by the customer with the same method of payment used by the customer for the purchase, within and no later than 14 (fourteen) days from the reception of the returned products.
Ottica Lucciola will accept to process the substitution after the assessment of the availability of the Products required for the substitution.
The replacement will be processed in the same manner employed for each new order, and therefore the same terms and conditions applied to the customer’s initial order will be applied in accordance with the General Provisions.
Lack of Conformity
Should the products present any lack of conformity, the Customer will be required to contact online assistance, through email or regular mail, at the following addresses:
Via Vitruvio 97/99, 04023 Formia (LT) - Italia
c.a. Assistenza alle vendite online
The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the “Codice del Consumo”. According to these regulations, the Customer has the right to obtain the total restoration of the conformity of the items through, at his/her choice, repair or replacement, and without any expense.
In the event that one of these restorations is objectively impossible or excessively expensive compared to the other, in accordance with the provisions of Article 130, comma 7 of the Codice del Consumo, the customer may obtain a reasonable reduction in the price of products or, alternatively, termination of the contract. The customer loses these rights if the alleged lack of conformity is not reported to Ottica Lucciola within the period of 2 (two) months from the date on which he discovered the defect. In any case, the action to enforce an alleged lack of conformity is prescribed by law in the term of 26 (twenty-six) months from the date on which the products were delivered to the customer.
Applicable law and jurisdiction
13.1 These General Conditions and, consequently, the contracts concluded with the Customers are governed by Italian law and must be interpreted according to it. Disputes connected to the use of the website and the services rendered, are subject to Italian Law and are devolved to the Court of Cassino, except in the case in which the competence is mandatory.