The general conditions of sale here published discipline the sale contract towards the users of the web site, through telematic means, of the merchandise displayed on the web site www.otticalucciola.net based in Formia (LT) Via Vitruvio 97 - 04023 Formia (LT), VAT number IT03046430595.
The general conditions of sale published on the website must be reviewed and known to the customer prior to making a purchase and by confirming the purchase order the customer declares to have viewed and accepted them.
Moreover, the customers will benefit from the safeguards provided in case of remote contracts according to Title III, Section II, of D.lgs. September 6, 2005, n. 206 (“Codice del Consumo”), as well as all further safeguards mandatorily provided, in favor of customers, by the “Codice del Consumo”.
The sections “Shipping and Delivery”, “Returns and Exchange”, “Payment”, available on the website, should be regarded as an integral and substantial part of these general conditions of sale.
The language used for the closing of sale contracts through the current website is Italian.
Customers are required to read carefully the General Conditions, available on the website, in order to acknowledge, memorize and reproduce them. Ottica Lucciola will transmit a copy of the General Conditions to the Customer. Contracts that have been closed with customers will be archived by Ottica Lucciola for the retention period required by applicable law.
To all products is applied a seal of guarantee before proceeding with the shipment, as proof of conformity and integrity of the product itself. Ottica Lucciola performs the right not to accept the return/exchange if the seal of guarantee, upon arrival of the product in the boutique, appears to have been removed or manumitted.
Information Regarding Products and their Availability
The information regarding products and their price is available on the website.
During the purchase procedure, whenever it is not possible to process the order due to unavailability of the ordered product, the Customer will be notified through an automated message. Ottica Lucciola is not responsible towards the customer in cases of unavailability of a product, as long as it occurs prior to the conclusion of the contract.
The products listed as available are items in stock in our warehouse or in collection at the manufacturer, and therefore still purchasable.
In the event that the purchased product might not be in supply, the client will be notified through email, with communication of estimated times for the product to be shipped.
The customer might choose wether to wait for supplying times, change model or cancel the order and receive a full refund.
In the event that one or more items be unavailable, Ottica Lucciola will promptly notify the Customer through an email at his/her email address, provided during the registration to the website. In that event, Ottica Lucciola will arrange a total refund for the Client, by crediting the payment card or the Customer’s account provided for the purchase including, whenever the purchase concerned only the unavailable item, shipping fees. With the explicit consent of the user, it is also possible for Ottica Lucciola to send a product different from the ordered one, of the same value.
In the event that the designers decide to make changes in the production phase and/or not to produce one or more products, as well as in the event that there is a variation or the pre-ordered product is not delivered by the designer, Ottica Lucciola will contact the customer to ask for explicit approval and still proceed with the shipment or to cancel the order and emit a refund.
The unavailability of one or more ordered items does not allow for the entire order to be canceled by the customer.
Upon delivery of the Goods by the carrier responsible for their carriage, the customer shall verify in the presence of the carrier:
a) that the packaging used for transport is intact, undamaged and not altered, including the materials used for sealing;
b) That the quantity and the type of the ordered Goods matches what is indicated in the transport document and what was ordered.
In the event that the customer encounters any anomaly or discrepancy, he/she must immediately notify the carrier at the time of delivery.
3.8 L’Acquirente è il solo responsabile della veridicità e della correttezza delle informazioni e dei dati forniti a Ottica Lucciola e si impegna a comunicare tempestivamente eventuali variazioni dei dati precedentemente comunicati.
The client is solely responsible for the truthfulness and correctness of the information and data provided to Ottica Lucciola and is committed to promptly notify any variation in the data previously communicated.
The price of the products shown on the website is expressed in Euros.
The prices published on the website for a country in the European Union are to be considered inclusive of the VAT rate, those for a country outside the European Union do not include VAT.
Shipping fees must be added to the price of the products, according to the destination location.
Potential delivery costs shall be added to the price of the products, and shall be indicated separately from the order form, whenever required.
Shipments in Countries outside the European Union could be subject to customs duties and taxes, which are outside the control of Ottica Lucciola and are due to Customs of the country of destination.
Potential customs duties and taxes are charged to the Customer, also responsible for the assessment of the charged amount within the customs authorities in charge.
These taxes charged to the recipient are collected by the courier at the time of delivery or could be requested later.
The transmission of the order proposal represents a sale proposal relating to the selected products, disciplined by these General Provisions and binding on the customer, with the exception of the right of withdrawal as provided by the following article 9. The transmission of the order proposal by the customer entails the obligation to pay the price of the ordered products.
Ottica Lucciola can, at its discretion, refuse an order proposal within 30 days of its reception, giving notice to the customer by e-mail. In this event, no amount will be due by the customer to Ottica Lucciola that may reject an order proposal from users or customers that have shown, by way of example and non exhaustive, non-regular conduct or are suspected of adversarial behavior with regard of the law or imposed by an order of a judicial authority.
In accordance with the provisions of article 51, comma 7, of the Legislative Decree n. 206 of September 6, 2005 (“Codice del Consumo”), the order confirmation shall include a summary of the key features of the purchased products, a detail indication of the price and payment methods, information relating to shipping fees, if any, the conditions and methods for exercising the right of withdrawal (including an indication of the exclusion of the right of withdrawal in the case of customized products), an indication of an address to which complains may be submitted, information relating to post-sale support and existing commercial guarantees, and a copy of these General Provisions.
The receipt of the e-mail confirms the acknowledgment and the acceptance by the customer of the General Provisions and specific conditions. Once the order acceptance has been delivered to Ottica Lucciola, the latter will provide processing, product inspection, and shipment of the selected products.
Following the reception of the order confirmation, the order cannot be cancelled nor modified. The return of products already shipped must be performed in accordance with the provided procedure for the exercise of the right of withdrawal.
The product loss and damage risk is passed onto the Customer whenever he/she (or a third party as designated by the customer and differing from the courier) takes physical possession of the products.