Terms and conditions of sale

General conditions of Sale

Last update 04.11.2022

Ottica Izzo di Alfonso Maria Izzo & CSas , VAT number 00851170621, with registered office in Montesarchio (BN), Via Napoli n. 4 (“ Ottica Izzo ”) invites customers to read these general conditions of sale (“ General Conditions ”) before proceeding with any purchase on the website www.otticaizzo1970.com (“ Site ”). The General Conditions regulate the purchase and sale contracts of the products present on the Site and the creation/use of a personal account (hereinafter "My Account"). By making any purchase on the Site and/or proceeding with the creation of a My Account, the customer (" Customer ") fully accepts the General Conditions. Ottica Izzo is committed to complying with consumer protection legislation, including Legislative Decree 206/2005 (Consumer Code).

1. CONCLUSION OF THE CONTRACT

1.1 " Online " sales contract means the distance contract and that is the legal transaction concerning movable goods and/or services stipulated between a supplier, Ottica Izzo, and a Customer within a distance sales system organized by the supplier who, for this contract, uses the remote communication technology called "internet".

1.2 The presentation of products on the Site does not constitute an offer to the public, but rather 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 on the Site, he can add them to his virtual "cart" and complete the order by filling out the form in its entirety and proceeding to pay the indicated amount.

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

1.5 By clicking on the " Checkout " button, the Customer will confirm and send the order, which will be considered as the Customer's purchase proposal towards Ottica Izzo, and will make the payment. Following the forwarding of the order and its receipt by Ottica Izzo, the Customer will receive a message via e-mail accepting the order (" Order Confirmation "), following which Ottica Izzo will verify the accuracy of the data transmitted, the payment of the price and the availability of the requested product.

1.6 Upon the positive outcome of the checks referred to in art. 1.5, Ottica Izzo will send the Customer a message via email confirming the order which will constitute acceptance of the purchase proposal (" Payment Confirmation "). The purchase and sale contract will be considered concluded when the Customer receives the payment confirmation communication.

1.7 Ottica Izzo will make every reasonable effort to indicate the availability of products on the Site. It could, however, happen that the requested product is not currently available (for example due to a sudden stockout). If such unavailability occurs, Ottica Izzo undertakes to inform the Customer as soon as possible and to refund any price paid for the unavailable product, including any shipping costs. Without prejudice to this refund, the Customer acknowledges and accepts that he will not be entitled to compensation or compensation of any kind due to the unavailability of the product.

2. SALES PRICES AND PROMOTIONS

2.1 The price of the products on the Site is expressed in euros and includes VAT, to the extent required by applicable legislation.

2.2 The selling price of the product will be that present on the site at the time of receipt of the order by Ottica Izzo, without prejudice to what is specified in the art. 3.3. Any changes to the prices on the Site will not apply to orders already completed and forwarded to Ottica Izzo by clicking on the " Checkout " button. It is understood that the mere inclusion of the product in the "cart" does not guarantee that there will be no price changes.

2.3 Ottica Izzo reserves the right to verify the correctness of the price of the product upon receipt of the order. In fact, in exceptional cases it may happen that due to a mere technical error/mistake or other inconvenience the Site reports a price different from the normal sales price. In this case, Ottica Izzo will contact the Customer to check whether he is interested in purchasing the product at the correct price anyway, otherwise it will cancel the order.

2.4 Ottica Izzo reserves the right to offer discounts and promotions, the conditions of which will be indicated in detail on the Site. The discounts and promotions will be valid for a predetermined period of time and will only apply to orders already completed and forwarded to Ottica Izzo by clicking on the “ Checkout ” button within the expiry date of the discount or promotion. It is understood that the mere inclusion of the product in the "cart" does not guarantee the application of the discount or promotion beyond the indicated expiry date.

3. ACCOUNTING AND TAX DOCUMENTATION

3.1 Ottica Izzo will issue the accounting and tax documentation connected to the purchase of the products on the Site based on the data provided by the Customer when completing the form for each order or registering their personal account .

3.2 The Customer guarantees the accuracy and truthfulness of the data provided for the purpose of issuing accounting and tax documentation and assumes all responsibility therefor.

4. 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 to the Customer's card immediately after placing the order, i.e. after the Customer has clicked on the " Checkout " button.

4.3 If the Customer chooses PayPal as a payment method, he will automatically be 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 your PayPal account) will be processed solely by the latter, under its exclusive responsibility and on the basis of its privacy policy and will not be known or stored by Ottica Izzo. PayPal will only send Ottica Izzo the confirmation or refusal of the payment. In the event that a refund is necessary based on these General Conditions, Ottica Izzo will place a credit order on the Customer's PayPal account. Once this order has been placed, Ottica Izzo cannot be held responsible for delays or omissions in crediting the amount back to the Customer's account or to the payment instrument linked to the Customer's account, who must contact PayPal exclusively for any complaints.

5. SHIPPING AND DELIVERY

5.1 Ottica Izzo offers customers a safe and fast delivery service via DHL express courier, within Italy. Orders are processed within 24/48 hours, but for orders placed on Saturday and Sunday these times start from the following Monday.

The customer is informed of the shipment of their order via email. All shipments are traceable after a maximum of 1 working day after shipment from the warehouse.

Shipments to Italy:

Shipping type	Price VAT included	Delivery time	Free shipping
DHL – Express courier	FREE	1-2 days	VALID FOR ALL ORDERS IN ITALY

Shipping abroad:

For shipments abroad the cost varies depending on the weight of the package. The final price will be displayed after selecting the products to purchase.

5.2 The DHL courier guarantees delivery of your package, in Italy, within 1-2 working days (deliveries in disadvantaged areas can take up to 5 working days), makes 2 delivery attempts. After the second attempt, if it was not possible to deliver the package, it will be returned to the sender. Undelivered orders can however be re-sent upon request. Contact our customer service on info@otticaizzo1970.com For the new shipment with the same courier, the prices as indicated in the table above will be applied.

It is possible to ship the order abroad to all countries in the world. It is necessary to select the destination when ordering. Shipping is carried out with the courier partner of the chosen country or with the post office with delivery times between 1 and 7 working days in Europe and between 1 and 9 working days in the rest of the world. The cost of shipping abroad is calculated and indicated before order confirmation.

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

5.3 The delivery times present on the Site are merely indicative, in the event of a delay in delivery beyond the terms set out in the Order Confirmation, Ottica Izzo undertakes to notify the Customer, who will have the right to terminate the contract, by means of communication from send via the "Contacts" form on the site. Failure to communicate the desire to terminate the Contract implies acceptance of receipt of the product beyond the deadline indicated in the Order Confirmation.

5.4 The Customer has the responsibility to check that the delivered product is intact and does not show any breakages or external tampering. If the product is not intact or has external breakages or tampering, the Customer is required not to accept the delivery. Once delivery has been accepted, the Customer will not be able to raise complaints regarding external defects visible at the time of delivery of the product.

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 are not attributable to the Ottica Izzo service. It is therefore necessary - if the goods are delivered in less than optimal conditions - to "reject" or "accept with reservation" the goods from the courier.

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

6. LEGAL GUARANTEE OF CONFORMITY

6.1 If the Customer is a consumer, understood as a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity possibly carried out pursuant to art. 3 co. 1 letter a) of Legislative Decree 206/2005 (“ Consumer ”), the same will benefit from the legal guarantee of conformity referred to in the articles. 128 and following of Legislative Decree 206/2005.

6.2 Pursuant to the legislation cited in art. 6.1, Ottica Izzo, as seller, is responsible towards the Consumer for any lack of conformity present at the time of delivery of the product and which manifests itself within two (2) years of delivery itself or within the expiry date of the product, if lower. The consumer forfeits the guarantee provided for by this art. 6 if he does not report the lack of conformity to the seller within two months from the date on which he discovered it.

6.3 A lack of conformity exists when the product purchased: (a) is not suitable for the use for which goods of the same type are usually used; (b) does not conform to the description made by the seller and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model; (c) does not present the usual qualities and performance of a good of the same type that the Consumer can reasonably expect, taking into account the nature of the good and also the declarations made in the advertising or on the labeling of that good; (d) is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase.

6.4 In the event of a lack of conformity, the Consumer has the right to have the conformity of the product restored, without charge, by repair or replacement in accordance with the art. 130 paragraphs 3, 4, 5 and 6 of Legislative Decree 206/2005, or to an adequate reduction in the price or termination of the contract, in accordance with the art. 130 paragraphs 7, 8 and 9 of Legislative Decree 206/2005.

6.5 More information on the legal guarantee 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 guarantee will apply for defects in the thing sold which make it unsuitable for the use for which it is intended or appreciably reduce its value pursuant to articles. 1490 and following of the Civil Code. Based on these provisions, the Customer is required to report any faults or defects in the product within eight (8) days of discovery, under penalty of forfeiture, and has the right to terminate the contract or reduce the price at his/her choice.

7. RIGHT OF WITHDRAWAL

(a) WITHDRAWAL BY THE CUSTOMER

7.1 The Consumer has a period of fourteen (14) days, under penalty of forfeiture, starting from the day on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the Consumer for collection, acquires physical possession of the product to withdraw from the contract without having to provide any reason, pursuant to articles. 52 and following of Legislative Decree 206/2005.

7.2 The Consumer may exercise the right of withdrawal by sending any explicit communication of the decision to withdraw from the contract using the "contact" form on the site or to the e-mail address info@otticaizzo1970.com or by post addressed to Ottica Izzo di Alfonso Maria Izzo & CSas, Via Napoli n. 4, 82016 - Montesarchio (BN). The possibility remains for the Consumer to exercise the right of withdrawal using the standard text referred to in Annex I of Legislative Decree 206/2005 " I/we (*) hereby notify/notify the withdrawal from my/our (* ) contract concluded for the purchase of the following goods/services (*)

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

- Name of buyer(s)

- Address of the buyer(s)

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

- Date”

(*) Delete the unnecessary wording.

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

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

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 guarantee seals affixed by the manufacturer intact and must not present breakages or tampering other than those necessary to establish the nature, characteristics and functioning of the goods. The products indicated in the art. are excluded from the right of withdrawal. 59 of Legislative Decree 206/2005, including goods made to measure or clearly personalized.

7.6 If the Consumer has made purchases which have given the right to receive other free products and/or to purchase other products at a lower price than that normally charged for their purchase on the Site, in the event of exercising the right of withdrawal will be required to return all the products purchased and/or received, without prejudice to the possibility of retaining them after charging and paying the full price normally charged for their purchase on the Site. If the Consumer wishes to return all the products purchased, all of them must respect the conditions referred to in the art. 7.5. If, however, you wish to proceed with a partial refund, you must give adequate notice to Ottica Izzo when exercising the right of withdrawal.

7.7 The Consumer must return the product within fourteen (14) days from the communication of the wish to withdraw. The return of the product may take place according to the following alternative methods: (a) free of charge, by delivery to one of the Ottica Izzo sales points; (b) return the package to Ottica Izzo di Alfonso Maria Izzo & CSas, Via Napoli n. 4, 82016 - Montesarchio (BN) through a traceable delivery method (e.g. courier) and send a 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, without delay and in any case within fourteen (14) days from the day on which it is informed of the desire to withdraw from the contract. Ottica Izzo has the right to withhold the refund, where the Customer has opted for the return by delivery to one of the Ottica Izzo stores, until the product has been received. The refund will take place using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed or the Customer has paid by cash on delivery and without costs for the Consumer as a result of the refund.

7.9 Further information on the right of withdrawal and the methods of return and refund are contained at the bottom of these General Conditions in the " Information on the Right of Withdrawal " section.

(b) WITHDRAWAL BY OTTICA IZZO

7.10 Ottica Izzo exercises the right to withdraw from the contract in the event that, by way of example and not limited to:

• the agreed purchase price is not paid by the customer correctly and on time;
• due to incorrect information, the agreed purchase price, availability, discounts or promotions can no longer be fulfilled as agreed with the customer;
• due to forces majeure or due to third parties, the goods cannot be delivered under the agreed conditions. These series of cases are considered critical circumstances that lead to the cancellation of the order, especially: problems related to identification, properties and availability of the goods, identification of the buyer, the purchase price, the amount and the methods of any application of discounts or other promotions, payment method and delivery methods.

8. ACCOUNT TERMS OF USE

8.1 The Customer will be able to register on the Site and create their own Account in order to facilitate the purchase procedure, keep track of the orders placed and store and keep updated certain personal information and data (e.g. their identification data and purchases made) necessary or useful for proceeding with the purchase. By creating an Account the Customer accepts the conditions of use of the Account service referred to in this art. 9, as well as the General Conditions. If the Customer does not agree with these conditions of use, he is asked 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 costs for legal fees) of any type that may arise to Ottica Izzo from incorrect use or use contrary to these conditions of the Account service.

8.2 The Account service may be unavailable or not work properly on certain devices or due to the technical characteristics of the system or network used by the Customer. It is the Customer's responsibility to verify that their devices , systems or networks comply with the technical characteristics necessary for the correct functioning of the Account. Ottica Izzo is excluded from any liability for the failure of the Account to function for the causes indicated in this art. 9.2.

8.3 The Customer is not permitted to: (i) interfere or attempt to interfere in any way with the functionality or proper functioning of the Account; (ii) use or allow the use of your Account to send unsolicited communications (including spamming) to third parties; (iii) interfere with or disrupt the integrity or performance of the Account or any third party data stored or processed with the Account, or attempt to gain unauthorized access to the Account or its systems or networks; (iv) attempt to probe, scan, penetrate, or test the vulnerability of the Account, or to circumvent, avoid, or violate any security or authentication measures of the Account; (v) monitor data or traffic on any network or system without the express permission of the owner of the system or network; (vi) use the Third Party Account without the owner's permission; (vii) collect or use email addresses or other identifiers without the consent of the identified individual (including phishing, Internet scams, password theft, “ spidering ,” etc.); (viii) engage in conduct that may result in retaliation against the Ottica Izzo network or sites, or employees, officials or other agents of Ottica Izzo (including conduct that may pose a risk of Denial of Service - DoS attacks); (ix) use the Account to facilitate competition with Ottica Izzo, including through the creation of accounts without purchasing purposes and for benchmarking purposes not authorized by Ottica Izzo.

8.4 The Customer is responsible for the fraudulent and/or incorrect use of his/her Account and for the failure to keep and disclose, for reasons attributable to the Customer, the data necessary to access his/her Account and password. The Customer is responsible, within the limits of what is permitted by current legislation, for all activities that will be carried out with his Account. Ottica Izzo invites its Customers to diligently guard the access data to their account and to take all necessary measures and precautions to ensure that the password remains safe and confidential.

8.5 Ottica Izzo invites Customers to carefully read the Privacy Policy https://otticaizzo1970.com/pages/privacy-policy to understand how Ottica Izzo processes personal data for the purpose of creating and managing your personal account . The Customer may proceed at any time to delete his Account or modify the information and personal data entered therein. The Customer is responsible for the updating and accuracy of the information and personal data entered into his Account. Ottica Izzo cannot be held responsible for damages of any nature resulting from the deletion by the Customer from their Account and/or from the modification or deletion by the Customer of information or personal data present in the Account.

8.6 Ottica Izzo reserves the right to suspend or cancel an account in case of fraudulent use or in any case contrary to the Conditions of Use and these General Conditions of Sale.

8.7 Ottica Izzo does not provide any guarantee to the Customer that the Account service will function continuously, without interruptions and without errors. Ottica Izzo, within its discretion, reserves the right to eliminate or make unavailable, even temporarily, certain features, parts or contents relating to the Account without the Customer having the right to compensation or compensation of any kind (without prejudice to the possibility of exercising your rights as indicated in the Privacy Policy).

9. APPLICABLE LAW AND JURISDICTION

9.1 These General Conditions are subject to Italian law.

9.2 If the Customer is a Consumer, for all disputes related to the application of these General Conditions, jurisdiction will fall to the Court of the place of residence or domicile of the same, pursuant to art. 66 bis of Legislative Decree 206/2005.

9.3 All disputes relating to the application of these General Conditions where the Customer is not a Consumer will fall under the jurisdiction of the Court of Benevento.

10. RESPONSIBILITY'

10.1 The Customer is responsible for any violation of these General Conditions and undertakes to indemnify and hold harmless Ottica Izzo from any claim, including that of third parties, for any reason, however resulting from the violation of these General Conditions and/or the violation of laws or regulations or administrative measures.

10.2 Ottica Izzo declines all responsibility for any damage resulting from the inaccessibility of the Site, service interruptions, or problems in any case connected to the network, providers, failure and/or defective functioning of the Customer's electronic equipment.

11. MODIFICATIONS AND VALIDITY OF THE GENERAL CONDITIONS

11.1 The General Conditions in force at the time the order is placed by the Customer will be applicable, unless changes to the General Conditions are imposed, retroactively, by current legislation; in which case they will also be applicable to orders placed previously.

11.2 Ottica Izzo reserves the right to modify these General Conditions at any time. The changes will be valid from the moment of their publication on the Site.

11.3 If any of the provisions of the General Conditions are invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability will not affect the validity, effectiveness or applicability of the other provisions contained in the General Conditions.

12. MINORS

12.1 The Site is aimed exclusively at adults. Products intended for children which can only be purchased by adults are also sold on the Site.

13. CONTACTS AND COMPLAINTS

13.1 For any information relating to these General Conditions or, in general, the purchase of products on the Site (including means of payment and delivery methods) or to lodge complaints, the Customer can:

• use the Contact form on the site at info@otticaizzo1970.com
• send a communication to Ottica Izzo di Alfonso Maria Izzo & CSas, Via Napoli n. 4, 82016 - Montesarchio (BN).

14. PROCESSING OF PERSONAL DATA

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

14.2 For information on the processing of personal data, Ottica Izzo invites users to read the privacy information 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 ON THE RIGHT OF WITHDRAWAL (articles 52 and following Legislative Decree 206/2005)

• What is the Right of Withdrawal

The consumer has the right to withdraw from the contract pursuant to art. 52 of Legislative Decree 206/2005 (“ Right of Withdrawal ”), without indicating the reasons, within 14 days from the date of delivery of the product.

• Who has the Right of Withdrawal?

The Right of Withdrawal belongs to the consumer, understood as a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity possibly carried out pursuant to art. 3 co. 1 letter 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 on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the same Consumer for collection, 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 e-mail address info@otticaizzo1970.com or by post to Ottica Izzo di Alfonso Maria Izzo & CSas, Via Napoli n. 4, 82016 - Montesarchio (BN), communicating the intention to withdraw from the contract. To this end, the consumer can use the standard form present in the package, but this is not mandatory. The possibility remains for the consumer to exercise the right of withdrawal using the text in Annex I part B of the Consumer Code " I/we (*) hereby notify the withdrawal from my/our (*) concluded contract for the purchase of the following goods/services (*)

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

- Name of buyer(s)

- Address of the buyer(s)

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

- Date”

(*) Delete the unnecessary wording.

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 courier responsible for delivering the product to the Consumer, but designated by the same Consumer for collection, acquires the physical possession of the product.

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

• Effects of withdrawal

As a consequence of exercising the right of withdrawal, the Consumer has the right to a refund of all payments made and the seller to return the product.

• Product return

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. The product cannot present breakages or tampering other than those 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.

The products indicated in the art. are excluded from the right of withdrawal. 59 of Legislative Decree 206/2005, including products made to measure or clearly personalized.

If the Consumer has made purchases which have given the right to receive other free products and/or to purchase other products at a lower price than that normally charged for their purchase on the Site, in the event of exercising the right of withdrawal, the Consumer will be required to return all the products purchased and/or received, without prejudice to the possibility of retaining them after charging and paying the full price normally charged for their purchase on the Site. If the Consumer wishes to return all the products purchased, all of them must comply with the conditions set out in this Section "Return of the Product". If, however, you wish to proceed with a partial refund, you must give adequate notice to Ottica Izzo when exercising the right of withdrawal.

The Consumer must return the product (or products) within fourteen (14) days from the communication of the wish to withdraw. The return of the product (or products) can take place according to the following alternative methods:

(a) free of charge, by delivery to one of the Ottica Izzo sales points.

(b) free of charge, by contacting customer service at info@otticaizzo1970.com to arrange collection of the package by our courier. The costs of the 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 on which it is informed of the desire to withdraw from the contract.

Ottica Izzo has the right to withhold the refund, where the Consumer has opted for the return by delivery to one of the Ottica Izzo sales points, until he has received the product.

The refund will take place using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed or the Consumer has paid by cash on delivery and without costs, for the Consumer, as a result of the refund.