Terms and conditions

Welcome to otticadiecidecimi.com

The company

Shoptic 43 Srl
25/A Giuseppe Mazzini Course
48018 Faenza (RA) – Italy
VAT and Tax Code IT00576850390
REA: RA – 112308

manages the online store “Ottica Dieci Decimi”, reachable at https://www.otticadiecidecimi.com. By visiting our website otticadiecidecimi.com (hereinafter also just “otticadiecidecimi”, “the site”) or by placing an online order on otticadiecidecimi.com, you expressly acknowledge that you have understood and accepted, respect and are legally bound by the Terms of Service and the General Conditions of Sale set out in this document (hereinafter also just “General Conditions”).

In case of non-acceptance, we invite you to refrain from using the site and its online sales services.

Online orders placed through this site are subject exclusively to the General Conditions of Sale set out below in this document, in the version in force at the time the order is placed, for all geographical areas from which it is possible to place orders and to which shipping services are active. Any other conditions proposed by the customer at the time of the order are not considered valid, unless expressly agreed in writing by Shoptic 43 Srl.

You can request further information on our General Conditions by contacting Customer Service, through our assistance services.

1. Use of the site
   The General Conditions of the site regulate the sending of purchase proposals for products available on otticadiecidecimi.com exclusively by the "consumer" (hereinafter also: "user") and the acceptance of the same by otticadiecidecimi. The site offers its services exclusively to the "consumer" who has reached the age of majority, as far as is inherent to normal consumer needs, or any natural person who acts for purposes not inherent to their commercial, entrepreneurial or professional activity. In the event that you are not a "consumer", we invite you to refrain from concluding commercial transactions on otticadiecidecimi.com. Shoptic 43 Srl reserves the right to communicate to the user the non-acceptance of order proposals coming from subjects other than the "consumer", or in any case order proposals for which a report is identified, or the suspicion of fraudulent or illegal activity. otticadiecidecimi services allow the user to search the site, view product pages and make product purchase proposals, choosing from a large electronic catalog. The site can also provide, upon the user's proposal, secondary services, such as organizing the delivery of one or more products to one of our partner stores, to satisfy a "try in store" request by the user.
2. Online orders
   
   1. The language available to conclude the contract on our site otticadiecidecimi.com is Italian. The simple presentation of products on the site does not constitute an offer to the public, but an invitation to the consumer to formulate a purchase offer for one or more products. By selecting one or more products on the site, adding the products to the cart and proceeding with the checkout, the user formalizes electronically a purchase order proposal to otticadiecidecimi.
      Pursuant to Legislative Decree no. 70 of 9 April 2003, the site makes available to the user, before sending an order proposal:
   • a summary of the commercial and contractual conditions that will apply to the purchase order proposal;
   • the essential characteristics of each product ordered and the relative price, including all applicable taxes;
   • the payment methods that can be selected;
   • the methods and costs of delivery of the purchased products;
   • the references, geographical address and contact methods of otticadiedecimi.
     The information relating to the conditions and methods for exercising the right of withdrawal and the cost to be borne for returning the products (where applicable) are available to the user at any time. The transmission of the order proposal to otticadiecidecimi constitutes a binding purchase proposal for the user.
     Once you have submitted your order proposal, you will receive an automatic email from otticadiecidecimi, which does not constitute acceptance of your order proposal but serves as a confirmation of receipt and summary of the same.
     The contract is concluded at the same time as the shipment of the goods, when your order proposal is accepted with confirmation via email by otticadiecidecimi. This email will contain links to the General Conditions and the summary document on the Right of Withdrawal. Only the products listed in the shipment confirmation email will be included in the existing contract between the user and otticadiecidecimi.
     Order proposals are stored in our data platform, for the period of time necessary to process the order proposals and, in any case, in compliance with the terms of the law. You can access your order proposals by visiting the “My Account” section online.
     otticadiecidecimi may not accept your order proposals without prior notice, for example: if there are no guarantees of solvency; or if they are incomplete or incorrect; or due to unexpected unavailability of the products. In the event of non-acceptance, we will inform you by email that the contract has not been concluded, specifying the reason for non-acceptance. If the products presented on otticadiecidecimi.com are no longer available or on sale at the time of receipt or processing of your order proposal, we will promptly inform you (in any case, within thirty (30) days from the day following the transmission of your order proposal) of the possible unavailability of the products. Otticadiecidecimi does not in any case assume the burden of having to search for and find unavailable products from other sources. In the event that a payment transaction has already taken place, otticadiecidecimi will refund, without delay, the amount already paid by you for the unavailable products, and the sales contract will be considered terminated in this way. By sending the order proposal, you confirm that you accept without conditions and undertake to observe, in your dealings with otticadiecidecimi, these General Conditions and the additional information contained in otticadiecidecimi.com, such as our Privacy Policy and the Information on the Right of Withdrawal. If you do not agree with some of the points reported in the General Conditions, we invite you not to forward your order proposal for the purchase of products on otticadiecidecimi.com.
3. Product presentation and prices
   The product detail sheet presents the essential characteristics of the items for sale on the site. It is important to keep in mind that the images and colors of the products may not correspond to the real ones, as a consequence of the Internet browser and the monitor used by the user at the time of viewing. Slight variations (shapes, colors, etc.) between what is presented in the images and reality do not constitute a lack of conformity. Otticadiecidecimi will correct, as quickly as possible, any reports of errors in the description or presentation of the products published in its online shop windows. We invite you to send reports to shop@otticadiecidecimi.com
   Product availability: otticadiecidecimi is committed to constantly updating the availability of products on the site. However, it may happen that the requested product is "currently unavailable", for unforeseeable reasons and not dependent on the work of otticadiecidecimi. In these cases, otticadiecidecimi operates in compliance with what is reported in point 2 of these General Conditions, for "unexpected unavailability of products". The price of the products on the site is expressed in Euro (€) and includes VAT, in the amount provided for by current legislation.
   Product prices may be subject to updates. The simple act of inserting a product into the "cart" does not set the final sale price and does not guarantee that price variations will not occur. Any changes to the prices on the site will not apply to orders already submitted and for which the user has already received the confirmation email of the purchase proposal.
   Before submitting an order proposal, the user is invited to verify the final sale price. In the event that a recognizable error is found in the indication, by the system or by otticadiecidecimi, of the price of a product, or in the calculation of the amount requested at the time of payment, otticadiecidecimi reserves the unconditional right not to accept the order proposal and will contact the user, in order to offer the opportunity to re-send the purchase proposal of the product, or products, at the corrected price.
   Periodically, otticadiecidecimi may apply discounts and offer promotions on the purchase of specific products. The conditions of such offers or promotions will be described in detail on the site and will be valid for the period indicated from time to time. Discounts will apply only to order proposals formalized by the user and accepted by otticadiecidecimi. The simple action of inserting a product into the "cart" does not guarantee the application of a particular discount or a particular promotion, beyond the indicated expiration date.
4. Payment Methods
   When finalizing your order proposal, you can choose a payment method that suits your needs, among those proposed during checkout:
   • Credit Card (Visa, MasterCard), via Shopify Payments gateway
   • PayPal, for registered users with PayPal ID
   • PayPal Express Checkout, for PayPal users, even without registration on otticadiecidecimi.com
     
     The express checkout service is provided by PayPal and allows the user to pay more quickly and easily, without having to enter their data in otticadiecidecimi. PayPal Checkout is integrated into the otticadiecidecimi product page and requires PayPal to transmit to otticadiecidecimi your contact details and shipping information. If you do not accept this method, we invite you not to use PayPal Checkout. In case of payment by Credit Card, the information provided by you, such as, for example, the Credit Card number, the expiration date, the Credit Card holder, etc., will in no case be stored or processed directly by otticadiecidecimi. Furthermore, this information will not be used by otticadiecidecimi except to manage your purchase or, possibly, following the exercise of your right of withdrawal, to issue the relevant refunds in the event of product returns; or if it is necessary to prevent or report to the police violations or fraud carried out by third parties on the otticadiecidecimi.com site. The total amount displayed when you submit your order proposal, including any shipping costs, will be charged to your PayPal account or Credit Card at the time of the transaction for purchased products.
     
     
5. Shipping and delivery
   When completing your order proposal, the only available solution will be home delivery. For each order placed, the seller issues a sales document for the material shipped. For issuing the invoice, the information provided by the customer at the time of ordering will be valid. The customer can request a copy of the invoice or receipt within three months of issuance.
   
   
6. Right of withdrawal
   In accordance with Art. 52 of Legislative Decree 206/2005 (Consumer Code), you have the right to withdraw from the contract concluded with otticadiecidecimi, without having to provide any reason, within 14 days from the day on which you received the product or products purchased. The right of withdrawal is excluded (Art. 59 of Legislative Decree 206/2005) in the event that you have purchased products made to measure or clearly personalized; products that risk deteriorating or expiring rapidly; sealed products that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery.
   
   The period in which to exercise the right of withdrawal expires after 14 days from the day on which you or a person designated by you, other than the delivery carrier, takes physical possession of the ordered product. In the case of a contract relating to multiple products ordered by you in the same order, but delivered separately, the 14-day period runs from the day on which you take physical possession of the last good delivered. In the case of a contract relating to multiple products, you can proceed with a partial return, providing adequate notice to otticadiecidecimi, at the time of exercising the right of withdrawal.
   
   You may withdraw from the contract concluded with otticadiecidecimi by giving written notice, via e-mail, to shop@otticadiecidecimi.com, or by post, with written notice addressed to:
   
   Shoptic 43 Srl – Ten Tens Opticians
   25/A, Via Giuseppe Mazzini
   48018 Faenza (RA) Italy
   
   otticadiecidecimi will send you confirmation by email that it has received your request to exercise the right of withdrawal, accepting the return or, otherwise, communicating the reasons for non-acceptance. In case of acceptance, you will have to return the products to otticadiecidecimi, entrusting them to an express courier (shipment with the possibility of tracking the package), within 14 days from the date of receipt of the confirmation email. Unless otherwise and expressly specified at the time of acceptance of the order proposal by otticadiecidecimi, the costs of returning the purchased products are at your expense.
   
   The products must be returned in the same conditions in which they were delivered, i.e.:
   - must be returned in their original packaging, complete with all accessories, instructions for use and documentation included in the packaging. In the event of loss of the original packaging, you will have to, at your own expense, arrange for its replacement
   - they must not have been used or worn and must not show obvious signs of use, other than those compatible with a normal test of the article, or in any case signs that reveal use exceeding the time necessary for a simple test. They must not be in such a state that they cannot be put back on sale
   - they must not show any breakages or tampering, they must not have been ruined or damaged, they must not appear washed or cleaned;
   - the identification tag must still be attached to the products with the disposable seal, which constitutes an integral part of the goods.
   
   If the returned product does not comply with the above, or if the exception to the right of withdrawal applies, the withdrawal will not be effective. The possibility of returning the products does not limit in any way the legal guarantee that the customer is entitled to without any reservation. The possibility of returning the products does not apply to orders placed using a gift card.
   
   
7. Acceptance of returns and refunds
   otticadiecidecimi assumes no responsibility in the event that the products are returned by mistake or in the event that other objects not related to the contract are forgotten in the packages or inside the returned products.
   
   Once a return has been received, otticadiedecimi staff checks and ensures that the returned products comply with the conditions and terms indicated in the previous paragraph.
   If the right of withdrawal is exercised in accordance with the methods and terms indicated, otticadiecidecimi will communicate to you by email the acceptance of the returned products and will refund, without undue delay and in any case within 14 days of confirmation, the amounts due, directly to the account or payment instrument (e.g. Paypal or Credit Card) used at the time of purchase.
   In the case of payments made by bank transfer, the refund will be made to the account used for the payment. The refund will be made, in any case, to the person who made the payment.
   In the event that the terms are not met, due to delay in exercising the right of withdrawal or evident damage to the returned product, you will not be entitled to a refund of the sums already paid to otticadiecidecimi.
   
   In accordance with Art. 57, paragraph 2, of the Consumer Code, you are responsible for the decrease in value of the products subject to withdrawal, resulting from a use other than that necessary to establish the nature, characteristics and functioning.
   In the event that the integrity terms referred to in the previous paragraph are not respected, which results in a decrease in the value of the returned products, you will not be entitled to a full refund of the sums already paid. A percentage equal to the estimated decrease in the value of the products (from 10% to 90%) of the sums paid by you will be deducted, as communicated to you, via email, by otticadiecidecimi. In both cases described above, you will receive notification by email of the non-acceptance of your return and you will be able to choose, within 14 days, whether to receive the products back in the state in which they were returned to otticadiecidecimi (at your expense and according to the methods that will be communicated to you) or whether otticadiecidecimi can keep the products, in addition to the sums already paid for their purchase.
8. Guarantee pursuant to Legislative Decree 206/2005
   If you are a consumer, i.e. a natural person acting for purposes other than any professional, entrepreneurial, commercial or artisanal activity, you benefit from the legal guarantee for defects and non-conformities of the products, concerning consumer goods.
   otticadiecidecimi is liable to you for any lack of conformity present at the time of delivery of the product and which becomes apparent within two (2) years of delivery, or within the expiry date of the product, if less than two years.
   The lack of conformity must be communicated to otticadiecidecimi, by contacting Customer Service within the terms indicated above.
   In the event of a lack of conformity, you have the right to request the repair or replacement of the product. In the event that these remedies are not possible or are excessively onerous, you will be entitled to a reduction in the price paid, or to an appropriate reduction in the price or to the termination of the contract (Art. 130 paragraphs 7, 8 and 9 of Legislative Decree 206/2005).
   If you are not a consumer, pursuant to articles 1490 and following of the Civil Code, the guarantee applies for defects in the item sold that make it unsuitable for the use for which it is intended or appreciably reduce its value. According to these provisions, you are required to report any defects or faults in the product within eight (8) days of discovery, under penalty of forfeiture, and you have the right to choose between termination of the contract or reduction of the price.
   
   
9. Applicable law and dispute resolution
   The General Conditions of otticadiecidecimi are governed by Italian law, without prejudice to the application of mandatory European regulations for the protection of the consumer. In the event of a dispute with otticadiecidecimi, we remind you that it is possible to use RisolviOnline, an independent institutional conciliation service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan (for more information on the RisolviOnline regulations you can access RisolviOnline.com).
   We remind you that the European Commission provides you with a platform for the resolution of disputes (EU Reg. 2013/524), accessible online at the following address: https://ec.europa.eu/consumers/odr/.
   
   Our email address for the purpose of managing complaints on this platform is shop@otticadiecidecimi.com Pursuant to art. 66 bis of Legislative Decree 206/2005, in the event that you are a Consumer, for all disputes connected to the application of these General Conditions, the territorial jurisdiction belongs to the Court of your place of residence or domicile.
   
   If you are not a Consumer, all disputes concerning the application of these General Conditions are under the jurisdiction of the Court of Bologna.
   
   
10. Operation guarantees
    Access to the site and online sales services of otticadiecidecimi.com is provided "as is", without any express or implied guarantee for its accuracy or availability.
    
    Otticadiecidecimi cannot guarantee operational continuity, without interruptions and without errors or malfunctions due to the availability of Internet access, in the various areas. The nature of Internet services may not allow otticadiecidecimi.com to be reachable and operate without suspensions, interruptions or discontinuity, also due to updating interventions of the site and the servers that host it.
    As far as possible, otticadiecidecimi will warn of any interruptions of which it is aware. Use of the service is at the user's choice and risk: otticadiecidecimi declines all responsibility for damages resulting from any inaccessibility to the services offered by the site or for any damages caused by viruses, damaged files, errors, omissions, deletions of contents, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, alterations of data, failure and/or defective functioning of the user's electronic equipment.
    
    Shoptic 43 Srl has adopted organizational measures to offer accurate content, at the date of publication on otticadiecidecimi.com and for subsequent updates, which does not contain incorrect or outdated information. However, it does not assume any responsibility towards users for the accuracy and completeness of the data and content, without prejudice to its liability for fraud and gross negligence and except as otherwise provided by law.
11. Responsibility
    Access to the otticadiecidecimi.com website and sending order proposals, browsing the website pages and communicating with otticadiecidecimi, constitute activities that you conduct exclusively for personal use, not related to commercial, entrepreneurial and professional activities. Shoptic 43 Srl cannot be held responsible for use of the website that does not comply with the laws in force, except for liability for fraud and gross negligence.
    
    You are solely responsible for the safekeeping and correct use of your personal information, including your login credentials to the site. Otticadiecidecimi declines all responsibility for your false communication of information and data, for the entry of incorrect data, or data relating to third parties, without their explicit consent.
    
    
12. Intellectual property
    As a user, you are authorized to view the site and its contents only for legitimate use of otticadiecidecimi.com. The editorial contents present on the site, the trademarks, the product images and any other material published on the site are protected by intellectual property rights, whether created by otticadiecidecimi or in the case of other rights holders. Reproduction, in any way and form, or reuse of the contents of the site is prohibited, without express written consent from otticadiecidecimi.
    
    Shoptic 43 Srl is the exclusive owner of the logos and registered trademarks “otticadiecidecimi” and “otticadiecidecimi.com” and of any other distinctive sign that includes the word “otticadiecidecimi”, including the domain name “otticadiecidecimi.com”. All other logos and distinctive signs of the products sold on the otticadiecidecimi.com site or present in the editorial articles published on the site in any form and section, are registered trademarks of their respective owners and are present on the site to distinguish and advertise the products.
    
    We remind you that unauthorized use of these trademarks is prohibited and may result in legal consequences.
13. Privacy Policy
    Please read our Privacy Policy carefully, which applies both when the user accesses otticadiecidecimi.com, browses the site and uses its services, even without completing product purchases, and in the case of sending order proposals and their acceptance.
    
    The Privacy Policy is a document that helps you understand how Shoptic 43 Srl collects, processes and uses your personal data and what are the purposes of the processing.
    
    
14. Updates and customer service
    otticadiecidecimi reserves the right to update its General Conditions of Sale and the Terms of Use of the site and the service. Changes to the General Conditions will be effective as soon as they are published in this same section. It is therefore advisable to periodically view our General Conditions, to consult the most recent and updated version. Our General Conditions of Sale and Terms of Service can be consulted at any time by visiting this page.