General Terms and Conditions of Purchase
The following General Terms and Conditions have been written complying with 7/1998 April 13th Law about General Terms and Conditions of Purchase, in 34/2002 July 11th Law in accord with the provisions set forth in the Law for the Information Society and Electronic Commerce Services, Royal Legislative Decree 1/2007 November 16th, by which the modified text of the General Law for the Defence of Consumers and Users and other complementary laws were approved with the objective of fulfilling the obligations of informing consumers, in a clear and transparent way, about the terms they are contracting through www.opticatoscana.com (henceforth ‘the Website’) of which UNA GAFA SOY, S.L. (henceforth ‘Optica Toscana’) is the owner.
UNA GAFA SOY, S.L. is a Spanish trading company with registered offices in Hortaleza 70, 28004, Spain, with tax identification number (NIF) B-85025336, registered at the Registry of Madrid, M-431640, volume 24029, folio 171 section 8th.
This document (as any other document here mentioned) regulates the conditions governing the use of this Website and the purchase of products and /or services on it (henceforth ‘Conditions’).
For the purpose of these Conditions, it is understood that UNA GAFA SOY S.L. activities, which are developed through this Website, involve selling and post-selling of glasses and corrective lenses as well as accessories for them.
When using this Website or when doing and/or asking for the acquisition of a product and/or service through this Website, the User accepts to be involved in the Conditions and in all the previously mentioned, consequently, if they do not agree with all, they must not use this Website.
However, it is informed that these Conditions might be modified. Hence, the User is the responsible for consulting them every time they access, browse and/or use this Website since the rules applicable will be those in force at the time of the purchase of products and/or services.
For any question that the User may have regarding the Conditions, they must contact the owner using the contact information above provided or, when applicable, using the contact form that can be found in https://opticatoscana.com/en/where/#contacto
The use, from the client’s side, of the services provided by opticatoscana.com presupposes, in any case, the acceptance of the General Terms and Conditions of Purchase in the version published by Optica Toscana at the same time of the placing the order.
- SCOPE OF CONTRACT. THE USER.
The present General Terms and Conditions of Purchase are applicable to the sale of all the products sold through this web page.
The User assumes responsibility in the proper use of this Website. This responsibility extends to:
1.- The use of this Website will be restricted to purchase, sales and/or queries legally valid.
2.- Do not make false or fraudulent purchases. In case of considering that a purchase of this nature has been done, it could be cancelled and informed to the relevant authorities. Optica Toscana reserves the right to cancel the access account of a client if fraudulent, speculative or in bad faith acts are detected when using this service.
3.- Provide true and accurate contact details, for example: email address, postal address and/or any other data (check Legal Notice and General Conditions of Use).
4.- The User declares to be of legal age and with the right capacity for committing and assuming the conditions of this Website properly.
5.- The Website is mainly addressed to Users living in Spain. UNA GAFA SOY S.L. cannot assure that this Website complies with the legal regulations of other countries, either totally or partially.
UNA GAFA SOY accepts no liability arising from such access, and neither does it guarantee deliveries or service deliveries outside Spain. The User can formalize the purchase of products and/or required services in any of the available languages in the Conditions of this Website, this means, in Spanish and in English.
- PURCHASE PROCESS. PRICE.
The Users must be registered, by means stated, to buy on this Website. They must follow the purchase and/or acquisition online procedure of OPTICA TOSCANA in which one or several products and/or services can be selected and added to the cart, basket or final purchase stage and, finally, click on ‘BUY’.
Additionally, the User must fill in and/or check the information requested in each step, during the purchase process, which can be modified before making the payment.
Subsequently, the User will receive an email confirming that OPTICA TOSCANA has received the purchase order or purchase requisition and/or service delivery, this means, the confirmation of the purchase. And, when applicable, they will be informed, by email when their purchase is being delivered. This information can be accessible to the Users through their personal area on the Website.
However, the User must take into account that when formalizing the purchase, if the given address is different to the areas in which the territory is indicated as free shipping in section 5 of these Terms and Conditions, the purchase process will remain at a halt until Optica Toscana can calculate the shipping cost.
Once the purchase procedure has finished, the User accepts that the Website generates an electronic invoice, which will be sent to the User by email. And, if applicable and wished, the User can obtain a regular paper invoice requesting it to Optica Toscana by using the contact spaces on the Website or through the contact information above provided.
The User, at the moment of the purchase, acknowledges being aware of certain special selling conditions regarding the product and/or service in question, which are shown next to the presentation or, when applicable, with an image of it on the Website including but not limiting, an assessed on a case-by-case basis: name, price, components, weigh, quantity, colour, product details, or characteristics, and the way in which it will be conducted and/or the cost of the features; the User recognizes that the request of the purchase or acquisition confirms the full and entire acceptance of the general terms of sales applicable to the order.
Unless otherwise expressly stated, UNA GAFA SOY S.L. is not the manufacturer of the products sold or the ones that could be sold on the Website. Although big efforts are made to show proper, complete and correct information on the Website, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from the one reflected on the Website. For this reason, the User must not only consider the information provided by the Website, but also the information available on the labels, warnings and/or instructions that come with each product.
All the purchase orders received by Optica Toscana through its Website are subject to availability of the products and/ or to any circumstance or due to force majeure affecting the supply and/or service delivery. If difficulties regarding supply or lack of stock arise, Optica Toscana commits to contact the User and reimburse any amount that could have been paid for the articles. This will be equally applicable to those cases in which service delivery becomes unattainable.
- PRICES AND PAYMENT
Prices are in Euros and are the ones indicated on the Website at the moment of the purchase. Prices are detailed on each article and they include VAT (Valued Added Tax), unless otherwise indicated and different action applies. In accordance with the provisions of Law 37/1992, of December 28th, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the Spanish VAT application territory if the delivery address is in the Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific item in question.
The amount regarding shipping costs, in the case that they must be assumed by the consumer, is indicated to the client in a disaggregated manner in the formalization process of the order.
Under no circumstance will the Website automatically add extra costs to the price of a product or service, only those freely and voluntarily selected and chosen by the User.
Payment will take place at the end of the purchase process and it will be an essential condition for its formalization. In no case will payment be allowed later. No type of deferred payments such as cash on delivery, bank transfer or store payment at the moment of collecting the order will be accepted.
Accepted payment methods: purchase can be paid by credit and debit card Visa®, Mastercard® or American Express® and PayPal System. In any case, commissions that can be issued by third-party credit card issuers or telematic payment methods will be paid by the customer. The payment method is chosen on the corresponding screen while doing the purchase process.
The client must notify Optica Toscana of any improper or fraudulent charges on the card used for the purchases, by email or by telephone, as soon as possible so that Optica Toscana can make the necessary arrangements. Suppliers or issuers of payment methods can adopt anti-fraud measures that may entail the rejection of certain types of operations. Optica Toscana is not responsible for this type of security policy enforcement.
The delivery of the products purchased through this website will always be made, in any case, before the maximum period of 30 calendar days from the formalization of the order. However, and in general, 48 hours after receiving your order (excluding Sundays and regional, national or local holidays), we will proceed to the confirmation and shipping. The delivery of the orders will be made at the address indicated by the customer in Spain. Your order will be shipped counting two working days after payment confirmation. The delivery period will depend on the destination provided by the User, but in no case may it exceed the maximum period indicated above.
If for any reason, attributable to the seller, Optica Toscana could not meet the delivery date, the User will be contacted in order to inform about this circumstance and, a new delivery date or the cancellation of the order with full refund of the price paid can be chosen. In any case, home deliveries are made on weekdays.
If the order was impossible to be delivered due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it be delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, Optica Toscana must be contacted to rearrange the delivery. In the event that 30 days have elapsed since the order was available for delivery, and it has not been delivered for reasons not attributable to Optica Toscana, it will be understood that the User wishes to withdraw from the contract and it will be deemed resolved.
As a consequence of contract termination, all payments received from the User will be returned, except for the additional expenses resulting from the User’s choice of a delivery method different from the most cost effective option offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
Online purchases may also be collected in our stores in Madrid, Barcelona and Palma de Mallorca. In case of choosing to pick up in-store, it must be indicated during the purchase process specifying the selected store to make the collection. The User must select “Store Pickup” and a list will be displayed containing all the stores available for this collection mode. Optica Toscana will inform the User about the availability of the product to pick it up from the store.
The following delivery methods are FREE of charge:
-Store Pickup in any of our shops.
-Shipping inside Spain to any address in the Peninsula, Balearic Islands and Portugal (only inside peninsular territory, islands are not included).
For shipments outside the above-mentioned territories, the shipping cost will be budgeted before the payment. Besides the purchase procedure, the User can obtain information about deliveries to the Canary Islands, Melilla and Andorra or any other country inside and outside the Euro zone by phone 917817074 or by writing an email to firstname.lastname@example.org during office hours and regular working days in Madrid.
The address given by the client could be a private address, a workplace or any other indicated address. It is not necessary that the billing and shipping address match. Our transportation provider will send a notification indicating the delivery date.
- WITHDRAWAL RIGHT
The User is assisted by the right of withdrawal for each purchase within a period of 14 calendar days without the need of justification.
The withdrawal period will expire after 14 calendar days as from the day in which the User or an authorized third party, other than the carrier, acquired the material possession of the goods purchased on Optica Toscana’s Website or in case that the goods included in the order are delivered separately, the 14 calendar days will count as from the day in which the User or an authorized third party, other than the carrier, acquired the material possession of the last part of the goods that made up the order.
To exercise the right of withdrawal, a letter addressed to Optica Toscana must be sent to Hortaleza 70, 28004, Madrid or an email must be sent to email@example.com, and a withdrawal acknowledge receipt will be sent to the customer.
The User, regardless the selected way to inform of the decision, must clearly and unequivocally express the intention of withdrawal from the purchase contract. To comply with the withdrawal period, the clear and unequivocally communication of the decision to withdraw must be sent before the deadline expires.
In the case of withdrawal, Optica Toscana will reimburse the User for all the payments received, except for the shipping costs that were charged separately in accordance with the provisions of section 4.
The refund will be received by the User in the same payment method used during the purchase transaction, there will be no additional costs and it will take place no later than 14 days calendar from the date on which the withdrawal is communicated to Optica Toscana.
However, Optica Toscana could withhold the reimbursement until receiving the purchased items or until the User submits a proof of the return, whichever is the earliest.
The User must proceed to return the goods without any delay and, in any case, no later than 14 calendar days after the date of the withdrawal notification. The User must acknowledge to bear the direct cost of the return (transport, delivery) of the goods, if incurred. In addition, the User shall be responsible for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
The User acknowledges the existence of exceptions to the right of withdrawal, as set forth in article 103 Royal Legislative Decree 1/2007, November 16th, in which it is approved the Consolidated Draft of the General Law for the Protection of Consumers and Users and other complementary laws.
In any case, no refund will be made if the product has been used beyond the mere purpose of opening it, or if the product is not in the same conditions as when delivered or if it has suffered any damage after the delivery. Likewise, all products must be returned using and including all the original packaging, instructions and any other accompanying documents, and a copy of the purchase invoice.
- DAMAGED OR DEFECTIVE ITEMS RETURN
Optica Toscana answers to non-conformity claims during a two-year period since the deliverance of the goods, in accordance with these General Conditions.
Returns due to damages or defects will have no cost for the client. Optica Toscana will reimburse the corresponding amount, including delivery and refund costs, without undue delays and, in any case, before 14 calendar days as from the date on which the return was informed. The refund will be made in the same payment method used during the purchase transaction. However, Optica Toscana could withhold the reimbursement until receiving the purchased items or until the User submits a proof of the return, whichever is the earliest.
- REFUND PROCEDURE
To proceed with the return, the User can contact our Customer Service by calling 917817074 or by email firstname.lastname@example.org, indicating order number and cause (withdrawal due to damages/defect). The User can include, duly completed, the document attached to the shipping (Return Form), downloadable here.
The return must be made in the indicated way, either home pick-up if possible, or at address provided. If the provided address for the return is burdensome or is not suitable for the User, the return can be made in any case at the registered office of UNA GAFA SOY S.L. previously mentioned on these Conditions.
- PRODUCT AVAILABILITY
If there are any incidents regarding the supply or if the products are not in stock, the client will be immediately informed and the amount paid for the product/s out of stock will be reimbursed. Optica Toscana will reimburse the corresponding amount, without undue delays and, in any case, before 14 calendar days. The refund will be made in the same payment method used during the purchase transaction.
- GUARANTEE OF THE ACQUIRED PRODUCTS
The guarantee offered is the one established in the Royal Legislative Decree 1/2007, November 16th, in which it is approved the Consolidated Draft of the General Law for the Protection of Consumers and Users. Optica Toscana will respond to non-conformity claims within the period of two years as from the delivery.
- CUSTOMER SERVICE
Suggestions, queries or complaints about the online store may be submitted to the Customer Service Department, through any of the following channels:
– Post: UNA GAFA SOY, S.L. Hortaleza 70, 28004 Madrid.
In addition, we have official and internal Complaint Sheets available to consumers and users, which may be sent to the above-mentioned post address and email address, or to any of our stores. They can be requested by calling 917817074 or download them from the following links: internal sheets and official sheets.
Optica Toscana Customer Service will attend and respond to the claims as soon as possible and, in any case, within a maximum period of a month. In the event that the request would not have a satisfactory solution, customers may recourse to ordinary jurisdiction or process the claim through the website http://ec.europa.eu/odr, which will provide a single access point for an out-of-court settlement free of charge.
- CHANGES TO THE GENERAL TERMS AND CONDITIONS
Optica Toscana reserves the right to modify at any time the present General Terms and Conditions of the Purchase. Modifications will not affect orders already in progress.
- FORCE MAJEURE
Optica Toscana compliance with all or part of its obligations will be suspended in case of a fortuitous event or force majeure which prevents or delays the compliance. Considered as such, specially, and not limited to: war, riots, insurrection, social unrest, strikes of any type and supply problems non-attributable to Optica Toscana. Optica Toscana will inform the client of such fortuitous events or force majeure within seven days of its occurrence. In the case that the suspension might be extended beyond a period of fifteen days, the customer will have the right to rescind the order and Optica Toscana will proceed with the reimburse under the conditions provided in point 6 of these General Conditions of Purchase.
- JURISDICTION AND GOVERNING LAW
These General Conditions of Purchase are regulated by the Spanish law. The parties submit themselves, at their choice, for the resolution of conflicts and expressly waiving their rights to any other general or special jurisdiction, courts and tribunals to which they may be entitled.