Terms of service

Terms and Conditions of Sale

Last updated on 04.11.2022

Ottica Izzo of Alfonso Maria Izzo & C. S.a.s., VAT Number 00851170621, with registered office in Montesarchio (BN), Via Napoli No. 4 (“Ottica Izzo”) invites customers to review these general terms and conditions of sale (“Terms and Conditions”) before making any purchase on the website www.otticaizzo1970.com (“Website”). The Terms and Conditions govern the contracts of sale for products available on the Website and the creation/use of a personal account (hereinafter “My Account”). By making any purchase on the Website and/or proceeding with the creation of a My Account, the customer (“Customer”) fully accepts the Terms and Conditions. Ottica Izzo is committed to complying with consumer protection regulations, including Legislative Decree 206/2005 (Consumer Code).

  1. CONTRACT CONCLUSION

1.1 An "online" sales contract refers to a distance contract, namely a legal transaction concerning movable goods and/or services entered into between a supplier, Ottica Izzo, and a Customer within the framework of a distance selling system organized by the supplier, which employs the remote communication technology known as the "internet" for such a contract.

1.2 The presentation of products on the Website does not constitute a public offer, but an invitation to the Customer to make an offer for the product, a so-called invitation to offer.

1.3 If the Customer wishes to purchase one or more products available on the Website, they can add them to their virtual "cart" and complete the order by filling out the form in its entirety and proceeding to pay the indicated amount.

1.4 Before finalizing the order, the Customer will see a summary page (checkout page) of the information related to their purchase (product(s) purchased, price, chosen payment method, delivery method, etc.).

1.5 By clicking the "Checkout" button, the Customer will confirm and send the order, which will be considered as the Customer's purchase proposal to Ottica Izzo. They will also make the payment. After the order is submitted and received by Ottica Izzo, the Customer will receive an email message confirming the order's acceptance (“Order Confirmation”). Following this, Ottica Izzo will verify the accuracy of the provided data, the payment of the price, and the availability of the requested product.

1.6 Upon successful verification as per Article 1.5, Ottica Izzo will send the Customer an email message confirming the order, which will constitute acceptance of the purchase proposal (“Payment Confirmation”). The sales contract will be deemed concluded when the Customer receives the Payment Confirmation communication.

1.7 Ottica Izzo will make every reasonable effort to indicate product availability on the Website. However, it may happen that the requested product is not currently available (e.g., due to sudden depletion). In the event of such unavailability, Ottica Izzo undertakes to inform the Customer as soon as possible and refund any amount paid for the unavailable product, including any shipping charges. Notwithstanding this refund, the Customer acknowledges and agrees that they will not be entitled to any compensation or indemnity due to the unavailability of the product.

  1. SALES PRICES AND PROMOTIONS

2.1 The price of products available on the Website is expressed in euros and includes VAT, as provided by applicable regulations.

2.2 The selling price of the product will be the one listed on the site at the time Ottica Izzo receives the order, except as specified in Article 3.3. Any changes to the prices on the Website will not apply to orders already completed and submitted to Ottica Izzo by clicking the “Checkout” button. Please note that merely adding a product to the "cart" does not guarantee that there will be no price changes.

2.3 Ottica Izzo reserves the right to verify the accuracy of the product price upon receiving the order. In exceptional cases, it might happen due to a mere error/technical glitch or another issue that the Site displays a different price than the normal selling price. In this case, Ottica Izzo will contact the Customer to verify if they are still interested in purchasing the product at the correct price; otherwise, the order will be canceled.

2.4 Ottica Izzo reserves the right to offer discounts and promotions, the terms of which will be detailed on the Website. These discounts and promotions will be valid for a predetermined period and will only apply to orders already completed and submitted to Ottica Izzo by clicking the “Checkout” button within the expiration date of the discount or promotion. Please note that merely adding a product to the "cart" does not guarantee the application of the discount or promotion beyond the indicated expiration date.

  1. ACCOUNTING AND TAX DOCUMENTATION

3.1 Ottica Izzo will issue the accounting and tax documentation related to the purchase of products available on the Website based on the data provided by the Customer at the time of filling out the order form or registering their personal account.

3.2 The Customer guarantees the accuracy and truthfulness of the data provided for the issuance of accounting and tax documentation and assumes all responsibility for it.

  1. PAYMENT METHODS

4.1 Ottica Izzo offers the Customer the following payment methods:

  • Credit Card (Visa, Mastercard, American Express)
  • PayPal

4.2 In case of payment by credit card, the charge will be made on the Customer's card immediately after submitting the order, i.e., after the customer clicks the “Checkout” button.

4.3 If the Customer chooses PayPal as the payment method, they will be automatically redirected to the PayPal website to make the payment according to the terms and conditions agreed upon by the Customer with PayPal and PayPal's procedures. The data entered on the PayPal website (as well as the payment instrument data linked to the PayPal account) will be handled solely by PayPal, under its exclusive responsibility and based on its own privacy policy. This information will not be known or stored by Ottica Izzo. PayPal will only transmit the payment confirmation or refusal to Ottica Izzo. In case a refund is required based on these Terms and Conditions, Ottica Izzo will issue a refund order to the Customer's PayPal account. Once this order is placed, Ottica Izzo cannot be held responsible for delays or omissions in crediting the amount to the Customer's account or the payment instrument linked to the Customer's account, who should exclusively contact PayPal for any claims.

  1. SHIPPING AND DELIVERY

5.1 Ottica Izzo offers customers a secure and fast delivery service through DHL express courier within Italy. Orders are processed within 24/48 hours, but for orders placed on Saturdays and Sundays, this timeframe starts from the following Monday.

The customer is informed of the shipment of their order through an email. All shipments are trackable at the latest one business day after being dispatched from the warehouse.

Shipments in Italy:

Shipping Type

Price (VAT included)

Delivery Time

Free Shipping

DHL Express

FREE

1-2 days

VALID FOR ALL ORDERS IN ITALY

 

 

International Shipping:

For international shipments, the final price will be displayed after selecting the products for purchase.

5.2 The DHL courier ensures delivery of your package within 1-2 business days in Italy (deliveries to remote areas may take up to 5 business days) and attempts delivery twice. After the second attempt, if delivery is not possible, the package will be returned to the sender. Undelivered orders can still be resent upon request. Contact our customer service at info@otticaizzo1970.com. For the new shipment with the same courier, prices as indicated in the above table will apply.

You can have your order shipped to any country in the world. You need to select the destination during the order process. The shipment will be carried out with the partner courier of the chosen country or with the postal service, with delivery times between 1 and 7 business days in Europe and between 1 and 9 business days in the rest of the world. The cost of international shipping is calculated and indicated before order confirmation.

Orders shipped to non-European Union countries may be subject to import duties, taxes, and fees imposed by the destination country. The recipient of an international shipment may incur these duties, taxes, and fees, which are applied once the package reaches the destination country and are the responsibility of the recipient. Ottica Izzo has no control over these fees and cannot predict their amount, as they are determined by the destination countries.

5.3 The delivery times displayed on the Website are indicative. In case of delays in delivery beyond the terms indicated in the Order Confirmation, Ottica Izzo undertakes to notify the Customer, who will have the option to terminate the contract by sending a communication through the "Contact" form on the website. Failure to communicate the intention to terminate the Contract implies acceptance of receiving the product beyond the term indicated in the Order Confirmation.

5.4 The Customer is responsible for checking that the delivered product is intact and does not have external breakages or tampering. If the product is not intact or has external breakages or tampering, the Customer is required to refuse delivery. Once the delivery is accepted, the Customer cannot raise complaints regarding visible external defects at the time of product delivery.

5.5 The courier (third-party company) is responsible for ensuring the good condition of the package at the time of delivery. Therefore, these conditions cannot be attributed to Ottica Izzo's service. It is necessary, therefore, to "reject" or "accept with reservations" the goods from the courier if the merchandise is delivered in non-optimal conditions.

5.6 In case of issues with the delivery of the ordered merchandise (delivery delays, loss of merchandise by the carrier, or damaged shipment), please contact us via email at info@otticaizzo1970.com

  1. LEGAL WARRANTY OF CONFORMITY

6.1 If the Customer is a consumer, defined as a natural person who acts for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities, as provided under Article 3(1)(a) of Legislative Decree 206/2005 ("Consumer"), they will benefit from the legal warranty of conformity pursuant to Articles 128 and following of Legislative Decree 206/2005.

6.2 Pursuant to the aforementioned regulations in Article 6.1, Ottica Izzo, as the seller, is responsible towards the Consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within a period of two (2) years from that delivery or within the expiry date of the product, if shorter. The consumer forfeits the warranty provided by this Article 6 if they do not report the lack of conformity to the seller within two months from the date on which they discovered it.

6.3 Lack of conformity exists when the purchased product: (a) is not suitable for the use for which goods of the same type are normally intended; (b) does not comply with the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; (c) does not have the usual qualities and performance of a good of the same type that the Consumer can reasonably expect, given the nature of the good and also the statements made in advertisements or on the labeling of that good; (d) is not suitable for the particular use desired by the Consumer, if communicated to the seller at the time of purchase.

6.4 In case of lack of conformity, the Consumer is entitled to the restoration of the conformity of the product through repair or replacement in accordance with Article 130, paragraphs 3, 4, 5, and 6 of Legislative Decree 206/2005, or to an appropriate price reduction or contract termination, in accordance with Article 130, paragraphs 7, 8, and 9 of Legislative Decree 206/2005.

6.5 More information about the legal warranty of conformity is available at the following link: https://otticaizzo1970.com/pages/garanzia-legale.

6.6 For all customers, even if they are not consumers, the warranty for defects in the sold item that render it unsuitable for its intended use or significantly decrease its value, as provided in Articles 1490 and following of the Civil Code, will apply. According to these provisions, the Customer is required to report any defects or faults in the product within eight (8) days of discovery, under penalty of forfeiture, and has the right, at their choice, to terminate the contract or reduce the price.

  1. RIGHT OF WITHDRAWAL

(a) CUSTOMER'S RIGHT OF WITHDRAWAL

7.1 The Consumer has a period of fourteen (14) days, subject to forfeiture, starting from the day on which the Consumer or a third party, other than the courier designated by the Consumer for product delivery, but appointed by the Consumer for pickup, physically acquires possession of the product, to withdraw from the contract without having to provide any reasons, pursuant to Articles 52 and following of Legislative Decree 206/2005.

7.2 The Consumer can exercise the right of withdrawal by sending explicit communication of the decision to withdraw from the contract using the "contact" form on the website or the email address info@otticaizzo1970.com, or by mail addressed to Ottica Izzo di Alfonso Maria Izzo & C. S.a.s., Via Napoli n. 4, 82016 - Montesarchio (BN). The Consumer can also exercise the right of withdrawal using the standard text in Annex I of Legislative Decree 206/2005: "With this, I/we (*) notify/notifies the withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*)

- Ordered on (*) / received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if this form is notified on paper)

- Date”

(*) Delete as appropriate.

7.3 The communication must be sent within fourteen (14) days starting from the day on which the Consumer or a third party, other than the courier designated by the Consumer for product delivery, but appointed by the Consumer for pickup, physically acquires possession of the product.

7.4 Ottica Izzo will send or deliver to the Consumer a communication confirming the exercise of the right of withdrawal in a durable medium.

7.5 The product must be returned intact, including any accessories, in the original packaging, in the same conditions in which it was delivered, with any warranty seals affixed by the manufacturer intact, and must not present any damage or tampering other than what is necessary to establish the nature, characteristics, and functioning of the goods. Products listed in Article 59 of Legislative Decree 206/2005, including custom-made or clearly personalized goods, are excluded from the right of withdrawal.

7.6 If the Consumer has made purchases that have entitled them to receive other products for free and/or to purchase other products at a lower price than the normal price on the Site, in case of exercise of the right of withdrawal, they will be required to return all the purchased and/or received products, subject to the possibility of retaining them upon payment of the full price normally practiced for their purchase on the Site. If the Consumer wants to return all purchased products, all of them must comply with the conditions in Article 7.5. If the Consumer wishes to proceed with a partial return, they must inform Ottica Izzo at the time of exercising the right of withdrawal.

7.7 The Consumer must return the product within fourteen (14) days starting from the communication of the intention to withdraw. The return of the product can take place using the following alternative methods: (a) free of charge, by delivering it to one of the Ottica Izzo stores; (b) returning the package to Ottica Izzo di Alfonso Maria Izzo & C. S.a.s., Via Napoli n. 4, 82016 - Montesarchio (BN) through a traceable delivery method (e.g., courier) and sending the tracking code to the email  info@otticaizzo1970.com . In this case, the shipping costs will be borne by the customer.

7.8 Ottica Izzo will refund the price paid by the Consumer, including any shipping costs, promptly and in any case within fourteen (14) days from the day on which they are informed of the decision to withdraw from the contract. Ottica Izzo has the right to withhold the refund if the Customer has chosen to return the product by delivery to one of the Ottica Izzo stores until the product is received. The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed or if the Customer paid by cash on delivery and no costs are incurred by the Consumer as a result of the refund.

7.9 Further information regarding the right of withdrawal and the procedures for returns and refunds are provided at the bottom of these General Terms and Conditions in the section "Right of Withdrawal Information".

(b) WITHDRAWAL BY OTTICA IZZO

7.10 Ottica Izzo reserves the right to withdraw from the contract in cases where, by way of example and not exhaustive:

  • the agreed purchase price is not paid correctly and on time by the customer;
  • due to incorrect information, the agreed purchase price, availability, discounts, or promotions can no longer be fulfilled as agreed with the customer;
  • due to force majeure or third-party reasons, the goods cannot be delivered under the agreed conditions. Critical circumstances that lead to the cancellation of the order include, especially: issues related to identification, properties and availability of the goods, buyer identification, purchase price, amount, and methods of applying discounts or other promotions, payment method, and delivery method.
  1. ACCOUNT USAGE TERMS

8.1 The Customer can register on the Website and create their own Account in order to facilitate the purchasing process, track orders placed, and store and update certain personal information and data (e.g. identification data and purchases made) necessary or useful for completing the purchase. By creating an Account, the Customer agrees to the usage terms of the Account service as described in this Article 9, as well as the General Terms and Conditions. If the Customer does not agree with these usage terms, they are requested not to proceed with the creation of the Account. The Customer agrees to indemnify and hold Ottica Izzo harmless from any liability, damage, cost (including reasonable legal fees) of any kind that may arise for Ottica Izzo from improper or contrary use of the Account service.

8.2 The Account service may not be available or may not function properly on certain devices or due to technical characteristics of the system or network used by the Customer. It is the responsibility of the Customer to ensure that their devices, systems, or networks meet the necessary technical requirements for the proper functioning of the Account. Ottica Izzo bears no responsibility for the malfunction of the Account due to the reasons mentioned in this Article 8.2.

8.3 The Customer is not allowed to: (i) interfere or attempt to interfere in any way with the functionality or proper operation of the Account; (ii) use or allow the use of the Account to send unsolicited communications (including spamming) to third parties; (iii) interfere or disrupt the integrity or performance of the Account or third-party data stored or processed with the Account or attempt to gain unauthorized access to the Account or its related systems or networks; (iv) attempt to probe, scan, penetrate, or test the vulnerability of the Account or bypass, avoid, or violate security or authentication measures of the Account; (v) monitor data or traffic on any network or system without the express authorization of the system or network owner; (vi) use the Account of others without authorization; (vii) collect or use email addresses or other identifiers without the consent of the identified person (including phishing, Internet scams, password theft, "spidering," etc.); (viii) engage in conduct that could lead to retaliation against the Ottica Izzo network or sites, or employees, officials, or other agents of Ottica Izzo (including conduct that could pose a risk of Denial of Service attacks - DoS); (ix) use the Account to facilitate competition with Ottica Izzo, including creating accounts without purchase intent and for unauthorized benchmarking purposes by Ottica Izzo.

8.4 The Customer is responsible for fraudulent and/or improper use of their Account and for failing to safeguard and disclose the necessary data to access their Account and password for reasons attributable to the Customer. The Customer is responsible, to the extent permitted by applicable law, for all activities carried out with their Account. Ottica Izzo advises its Customers to diligently safeguard the access data to their account and to take all necessary measures and precautions to keep the password secure and confidential.

8.5 Ottica Izzo encourages Customers to carefully read the Privacy Policy https://otticaizzo1970.com/pages/privacy-policy to understand how Ottica Izzo processes personal data for the creation and management of their personal account. The Customer can delete their Account or modify the information and personal data entered at any time. The Customer is responsible for updating and ensuring the accuracy of the information and personal data entered into their Account. Ottica Izzo cannot be held responsible for damages of any kind resulting from the Customer's deletion of their Account and/or modification or deletion of information or personal data present on the Account.

8.6 Ottica Izzo reserves the right to suspend or delete an account in case of fraudulent use or violation of the Usage Terms and these General Sales Conditions.

8.7 Ottica Izzo does not provide any guarantee to the Customer that the Account service will function continuously, without interruptions, and without errors. Within its discretion, Ottica Izzo reserves the right to delete or make unavailable, even temporarily, certain features, parts, or content related to the Account without the Customer being entitled to compensation or indemnification (subject to the possibility of exercising their rights as indicated in the Privacy Policy).

  1. APPLICABLE LAW AND JURISDICTION

9.1 These General Terms and Conditions are subject to Italian law.

9.2 If the Customer is a Consumer, jurisdiction for all disputes related to the application of these General Terms and Conditions shall lie with the court of the place of residence or domicile of the same, pursuant to Article 66 bis of Legislative Decree 206/2005.

9.3 All disputes related to the application of these General Terms and Conditions, where the Customer is not a Consumer, shall be within the jurisdiction of the Court of Benevento.

  1. LIABILITY

10.1 The Customer is responsible for any breach of these General Terms and Conditions and undertakes to indemnify and hold Ottica Izzo harmless from any claim, including by third parties, for any reason whatsoever, arising from the breach of these General Terms and Conditions and/or the violation of laws, regulations, or administrative provisions.

10.2 Ottica Izzo disclaims any liability for any damages resulting from the inaccessibility of the Website, service interruptions, or any problems related to the network, providers, or the failure and/or faulty operation of the Customer's electronic equipment.

  1. CHANGES AND VALIDITY OF THE GENERAL TERMS AND CONDITIONS

11.1 The General Terms and Conditions in effect at the time of the Customer's order submission will apply, unless changes to the General Terms and Conditions are retroactively mandated by applicable law; in which case they will also apply to orders submitted previously.

11.2 Ottica Izzo reserves the right to change these General Terms and Conditions at any time. The changes will be effective from the moment of their publication on the Website.

11.3 If any provision of the General Terms and Conditions is invalid, ineffective, or unenforceable, such invalidity, ineffectiveness, or unenforceability shall not affect the validity, effectiveness, or enforceability of the other provisions contained in the General Terms and Conditions.

  1. MINORS

12.1 The Website is exclusively intended for adults. Products intended for children are also sold on the Website and can only be purchased by adults.

  1. CONTACTS AND COMPLAINTS

13.1 For any information related to these General Terms and Conditions or, in general, the purchase of products on the Website (including payment methods and delivery methods) or to file complaints, the Customer can:

  • use the Contact form on the website at the address  info@otticaizzo1970.com 
  • send a communication to Ottica Izzo di Alfonso Maria Izzo & C. S.a.s., Via Napoli n. 4, 82016 - Montesarchio (BN).
  1. PROCESSING OF PERSONAL DATA

14.1 Ottica Izzo, as the data controller, undertakes to process personal data provided by the Customer in connection with the purchase of products on the Website in compliance with Regulation (EU) 2016/679, Legislative Decree 196/2003, and, in general, the applicable legislation on the protection of personal data.

14.2 For information on the processing of personal data, Ottica Izzo invites users to read the privacy policy available at the link https://otticaizzo1970.com/pages/privacy-policy and the cookie policy available at the link https://otticaizzo1970.com/pages/cookie-policy.

 

 

INFORMATION ABOUT THE RIGHT OF WITHDRAWAL (Articles 52 and following of Legislative Decree 206/2005)

  • What is the Right of Withdrawal

The consumer has the right to withdraw from the contract under Article 52 of Legislative Decree 206/2005 ("Right of Withdrawal") without stating reasons, within 14 days from the date of delivery of the product.

  • Who is Entitled to the Right of Withdrawal

The Right of Withdrawal is available to the consumer, defined as an individual acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities as set out in Article 3(1)(a) of Legislative Decree 206/2005 ("Consumer").

  • Terms for Exercising the Right of Withdrawal

To exercise the Right of Withdrawal, the Consumer has a period of fourteen (14) days starting from the day the Consumer or a third party, other than the carrier responsible for delivering the product to the Consumer, but designated by the Consumer, acquires physical possession of the product.

  • How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the Consumer may send any explicit communication of the decision to withdraw from the contract to the email address  info@otticaizzo1970.com or by mail to Ottica Izzo di Alfonso Maria Izzo & C. S.a.s., Via Napoli n. 4, 82016 - Montesarchio (BN), stating the intention to withdraw from the contract. To this end, the consumer can use the standard form in the package, but this is not obligatory. The consumer can exercise the right of withdrawal using the text contained in Annex I Part B of the Consumer Code: “With this, I/we (*) notify/notifies the withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*)

- Ordered on (*) / received on (*)

- Name of the buyer(s)

- Address of the buyer(s)

- Signature of the buyer(s) (only if this form is notified on paper)

- Date”

(*) Delete as appropriate.

The communication must be sent, under penalty of forfeiture, within fourteen (14) days from the day on which the Consumer or a third party, other than the carrier responsible for delivering the product to the Consumer, but designated by the Consumer, acquires physical possession of the product.

Ottica Izzo will send or deliver to the Consumer a communication confirming the exercise of the right of withdrawal.

  • Effects of Withdrawal

As a result of exercising the right of withdrawal, the Consumer is entitled to a refund of all payments made, and the seller is entitled to the return of the product.

  • Return of the Product

The product must be returned intact, including any accessories, in the original packaging, in the same conditions in which it was delivered, with any manufacturer's warranty seals intact. The product must not show any damage or tampering other than that necessary to establish its nature, characteristics, and functioning. If this is the case, the product cannot be returned, and Ottica Izzo will not proceed with the refund.

Products listed in Article 59 of Legislative Decree 206/2005, including custom-made or clearly personalized products, are excluded from the right of withdrawal.

If the Consumer has made purchases that entitle them to receive other products as a gift and/or to purchase other products at a lower price than the normally practiced price for their purchase on the Website, in the event of exercising the right of withdrawal, the Consumer must return all purchased and/or received products, subject to the possibility of retaining them subject to a charge and payment of the full price normally practiced for their purchase on the Website. If the Consumer wants to return all the purchased products, they must all comply with the conditions set out in this “Return of the Product” section. If the Consumer wishes to proceed with a partial return, they must notify Ottica Izzo when exercising the right of withdrawal.

The Consumer must return the product(s) within fourteen (14) days from the communication of the intention to withdraw. The return of the product(s) can be made through the following alternative methods:

(a) free of charge, by delivering it to one of the Ottica Izzo stores.

(b) free of charge, by contacting customer service at the email address  info@otticaizzo1970.com to arrange for our courier to pick up the package. The costs of return will be borne by Ottica Izzo.

  • Refund of Payments

Ottica Izzo will refund the price paid by the Consumer, including shipping costs, within fourteen (14) days from the day it is informed of the intention to withdraw from the contract.

Ottica Izzo has the right to withhold the refund until the Consumer has received the product if the Consumer has chosen to return it by delivering it to one of the Ottica Izzo stores.

The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed or unless the Consumer paid by cash on delivery and without any cost to the Consumer as a result of the refund.