1. General Provisions
The present general conditions of sale (hereinafter, "General Conditions") apply to all sales of products (hereinafter "Products" or "Product") purchased through the internet site www.otticanogara.it (hereinafter, the "Site").
The use of the service remote sales described in these General Conditions is reserved exclusively for consumers (hereinafter "Customers" or "Customer"), understood as natural persons acting for purposes outside their trade, business or profession.
The language at disposal to conclude the contract is Italian.
The Customer is obliged to carefully read the General terms and Conditions, which have been made available on the Website, in order to allow the storage and reproduction by the Customer pursuant to art. 12 of Legislative Decree 9 April 2003, n. 70.
The contracts concluded with the Optical Nogara's.a.s. (as defined below) through the Website are governed by Italian law and in particular by Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and Legislative Decree 9 April 2003, n. 70 (hereinafter "Decree ecommerce").
2. Identification of the seller
The seller is:
OPTICAL NOGARA's.a.s. Via Don Roberto Lonardoni, 2/b 37050 Vago di Lavagno (VR)
phone +39 045 982867
P. iva 02412830230
(hereinafter, the "OPTICAL NOGARA")
3. Information related to the Products
The information related to the Products susceptible to distance selling through the e-commerce Site, are available, with their product codes, on the Site. The above information shall be provided in accordance with articles 52 and 53 of the Consumer Code.
II product prices are inclusive of all taxes and duties. All prices are expressed in Euro. The shipping costs are the responsibility of the customer, except for any current promotions.
5. The order of the Products
The essential characteristics and prices of the Products are listed in the offer relative to each Product.
Before sending the purchase order the Customer will have the opportunity to correct any errors in data entry by following the proper procedure for modification contained in the Site. In particular, the Customer has the right to change the quantity of Products that it intends to purchase, adding or deleting one or more Products from the "shopping cart".
With the sending of the order, the Customer recognizes and declares to have taken vision of all the indications provided during the purchase procedure and accept the General terms and Conditions.
The Customer will have the ability to view and track the status of your order through the area "my Orders" of your account.
OPTICAL NOGARA reserves the right to evaluate acceptance of the orders received. OPTICAL NOGARA will inform the Customer of any inability to accept orders received within 30 days from the day following that on which the Customer has transmitted the order to the OPTICAL NOGARA and will refund any amounts already paid by the Customer for the payment of the supply.
6. Mode of payment
The Customer may make the payment of the price of the Products and the relevant delivery charges by PayPal, by Bank Transfer or cash on delivery.
The transaction will be charged on the credit card of the Customer only after:
(a) data has been verified credit card,
(b) has been received the debit authorization by the company issuing the credit card used by the Customer and
(c) has been confirmed the availability of the Product by OTTICA NOGARA.
OPTICAL NOGARA also accepts payments made by Bank Transfer. Any bank charges will be borne by the Customer.
In the case where, for any reason, the debit of the amounts owed by the Customer proves impossible, the sales process is automatically canceled and the sale automatically cancelled.
7. Confirmation of receipt of the order
In accordance with the provisions of art. 53 of the Consumer Code, the Customer receives, at the time of the execution of the contract, by e-mail, the confirmation of receipt of the purchase order sent by Customer, containing a summary of the General Conditions, of the essential characteristics of the product ordered, its price, the amount paid, of the existence of the right of withdrawal - with an indication of the times and of the modalities for the return of the goods - the geographical address for presenting any complaints and information on assistance services and guarantees which exist.
8. Ineffectiveness of the order
No contract shall be concluded between the OPTICAL NOGARA and the Client if the OPTICAL NOGARA has reasonable grounds to believe that the Customer does not operate on the basis of an actual and genuine interest in the purchase of the products ordered, or exercises in a manner abusive of the right of withdrawal recognized by ' art.12 that follows. In such cases, the order submitted by Customer shall be void of no effect. OPTICAL NOGARA, will transmit to the Customer, via e-mail, a notice stating the failure to conclude the Contract and shall also cancel any debit and/or charge paid by the Customer.
9. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer. The Customer always has the option to request delivery of the products to a person of his choice, whose residence or domicile is within the Italian territory. At the time of delivery will require the signature of an adult over the age of 18. Deliveries will not be made to po boxes.
For each order completed on Site, OPTICAL NOGARA, will issue an invoice for the goods shipped, sending it via e-mail or mail to the holder of the order, pursuant to D. P. R. 445/2000 and D. Lgs. 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order. No variation in invoice will be possible after the issuance of the same.
The delivery costs are the responsibility of the Customer and are clearly indicated in the order form.
All purchases will be delivered by courier chosen by the Customer during the purchase among those offered by OPTICAL NOGARA (hereinafter, "Courier") from Monday to Friday, excluding public and national holidays. OPTICAL NOGARA is not responsible for unpredictable delays.
OPTICAL NOGARA will send the Customer an e-mail confirmation once shipped Products. In each case, except in cases of force majeure or unforeseeable circumstances, in accordance with the Consumer Code the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following that on which the Customer has transmitted the order to the OPTICAL NOGARA, except that the OPTICAL NOGARA does not communicate - within the same period, by e-mail - the inability to deliver the ordered goods because of unexpected, even temporary, unavailability of Products. In the case of such communication, OPTICAL NOGARA will refund any amounts already paid by the Customer for the payment of the supply. In the case where, in the face of the communication of OPTICAL NOGARA to a delay in the delivery date, the Customer wishes to cancel the Order, any amount already paid by the same will be refunded as soon as possible, but no later than 30 (thirty) days from the day following that on which the Customer has transmitted the order to the OPTICAL NOGARA.
For the delivery of the goods requires the presence of the Customer or his agent at the address indicated in the order. At the time of delivery of the goods by the Courier, the Customer is required to check that the number of packages delivered corresponds to what indicated in the transport document and that the package is intact or altered. Any damages to the package and/or to the Products or the mismatch in the number of packages should be immediately notified through a written control reservation on the Courier's delivery note. Once signed the Courier document, the Customer cannot oppose any dispute about the external characteristics as the parcel delivered.
10. The right of withdrawal
Under the New European Directive 2011/83/EC on Consumer Rights (CDR), the customer has the right to withdraw from the purchase contract for any reason, without explanation and without any penalty.
To exercise this right, the customer must send to the OPTICAL NOGARA notice within 14 working days from the date of receipt of the goods. Such notice shall be sent by registered letter with acknowledgment of receipt, addressed to:
OPTICAL NOGARA's.a.s. Via Don Roberto Lonardoni 2/b 37050 Vago di Lavagno (VR)
Or by telegram sent within the aforementioned term of 14 days and followed by a confirmation by registered letter with acknowledgment of receipt. Once received the aforesaid communication of withdrawal, the Customer Service otticanogara.it will communicate to the customer the instructions on how to return the goods which must be received at our warehouses within 14 days from the authorization.
The right of withdrawal is however subject to the following conditions:
1. The law applies to product purchased in its entirety; you cannot exercise withdrawal only on part of the purchased product.
2. According to the law, the shipping costs for returning the goods are borne by the customer.
3. The shipment, until the certificate of receipt in our warehouse is under the full responsibility of the customer.
4. OPTICAL NOGARA is not responsible in any way for damage or theft/loss of goods returned with shipments not insured.
5. In the case of damage of the goods during the transport, OPTICAL NOGARA will notify the customer (within 5 working days from receipt of goods in their stores), to enable him to lodge a complaint against the courier chosen by him and obtain reimbursement of the value of the asset (if insured). In this case, the product will be made available to the customer for his return while canceling the request for withdrawal.
OPTICAL NOGARA will refund the customer the entire amount already paid, within 30 days from the return of goods, through transfer procedure of the amount charged on the Credit Card or by Bank Transfer. In the latter case, it is the responsibility of the customer to provide the bank coordinates on which obtain reimbursement (Cod. ABI - CAB - Current Account of the invoice holder).
The right of withdrawal lapses totally, for lack of the essential integrity of the good (confection and/or its contents), in cases where the OPTICAL NOGARA finds:
A. The lack of external packaging and/or wrapper containing the product purchased.
B. The product is damaged for causes other than its transport.
In the case of forfeiture of the right of withdrawal, the OPTICAL-NOGARA will return to the sender the acquired good, debiting to same expenses of shipment.
11. Replacement Products
OPTICAL NOGARA intends to provide Customers with the option of replacing the Products purchased through the Site.
To obtain the replacement of the Product should follow the procedure indicated below.
The Customer is not fully satisfied shall retain all documentation relating to the delivery and the Product itself in its original packaging, and immediately contact OPTICAL NOGARA via e-mail to the following address: [email protected]
The Product to be replaced must be received, in normal condition, to the following address: Via Don Roberto Lonardoni, 2/b 37050 Vago di Lavagno (VR) . The placement of the new order is subject to the availability of the Products requested.
The shipping costs related to returning the Product are borne by the Customer.
The replacement Product will be sent to the Client by courier without the additional costs of shipping.
12. Defects of conformity
In the case of defects of conformity of Products sold by OTTICA NOGARA by www.otticanogara.it the Customer shall immediately contact the e-mail address [email protected]
The sale of the Products shall apply the legal guarantees established by articles 129, 130 and 132 of the Consumer Code. The Customer has the right to restore, without charge, the conformity of goods by repair or replacement, or to have an appropriate reduction of price or rescission of the contract. The Customer forfeits those rights, if not complaint to the OPTICAL NOGARA of the lack of conformity within two months from the date on which he discovered the defect. The direct action to assert defects fraudulently concealed by the OPTICAL NOGARA is prescribed, in each case, within the period of twenty-six months from delivery of the goods.
The information related to the Products provided on this Site is constantly updated. However, it is not possible to guarantee the complete absence of errors.
OPTICAL NOGARA reserves the right to correct any errors, inaccuracies or omissions including after an order has been sent and also to change or update information at any time without prior notice.
14. Applicable law and competent court
The present General Conditions are governed by Italian law and shall be interpreted in accordance with the Italian laws.
For disputes arising from the interpretation, validity and/or execution of these General Conditions the territorial imperative will be that of the court of Verona.
For more information, please write to the following e-mail: [email protected]