TERMS AND CONDITIONS OF SALE
ABOUT THESE TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale (the “Terms of Sale”) will apply to all purchases made through the website at oakley.com (the “Website”). The Website and the goods supplied through it are provided by Luxottica Group S.p.A., a company incorporated in Italy, VAT 10182640150, subscribed share capital Euro 28.653.640,38, number of registration at the Companies Register of Milan 00891030272, R.E.A. Milan n. 1348098, with headquarters at Piazzale Luigi Cadorn a 3, 20123, Milan, Italy, telephone number +39 02863341, telefax number +390286334050 (referred to here as “We”, “Us” and “Our”). When we refer to “You” and “Your” we mean you, the user of the Site and purchaser of goods.
Luxottica reserves itself the r ight to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Website. We invite You to check the Terms of Sale and Additional Policies posted on the Website before each order – so as to evaluate and accept the changes occurred since your last visit. If you have any questions or requests about the Terms of Sale, any of the Additional Policies, the goods or the Website, please contact us by e-mail at email@example.com. Any variation of this Terms of Sale requires our written confirmation.
Please note that these Terms of Sale and Additional Policies do not affect or limit your statutory rights as a consumer, in accordance with all mandatory consumer laws applicable in your country.
PART A – INFORMATION ABOUT THE WEBSITE AND THE GOODS
This PART A sets out some important information about the Website and the goods which are offered for sale on the Website.
Information provided on the WEBSite
We try to make sure that all information on the Website, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if we believe that such an error has affected your order we will • make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
Buying goods over the internet provides for a different shopping experience than buying in-store. In particular, you should be aware that:
the colours of the item(s) as shown on the Website will depend on many factors – including your display settings;
the actual sizes and shapes of the item(s) may differ from how they appear on your screen. Please note that all relevant technical information is provided for each item on sale on the Website;
pictures and images on the Website are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time;
we will do our best to arrange delivery of your item(s) within a reasonable time of ordering, in line with all applicable laws as well as the present Terms of Sale; please note, however, that all tracking information is provided to us by our delivery service provider and are estimates of delivery times only. Actual delivery dates may vary. Further delivery details may be available on our delivery service provider's tracking website. Please see PART B below for more information about delivery;
not all goods and promotions that are offered on the Website will be available in-store, and vice versa. We reserve the right to adjust prices, items and special offers at our discretion on this Website, in accordance with all applicable laws and regulations. Any such change will not affect orders that have already been placed by you, even prior to our acceptance
We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content for your personal computer, tablet, smartphone or any other device you will use. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet. This is without prejudice to the terms spelled out in the TOU.
We have the right at any time to modify or stop providing the Website as well as the right to stop selling any or all item(s) through it, either temporarily or permanently, with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Website.
PART B – BUYING GOODS
This PART B sets out the terms that apply to your purchase of goods from the Website.
PLACING YOUR ORDER
Once you have selected the items which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Website. You always have the option to complete your order as a “guest” without registering on the Website. You will also be asked to provide details about your debit or credit card in order to allow us to take the payment after our acceptance of your order. The display of the item(s) on the Website and the request to provide such detail and information do not constitute a contractual obligation for Luxottica to provide the goods until the order has been fully accepted, in accordance with the following terms.
Should we find any inaccuracy during our verification of your details or a discrepancy in your credit or debit card information, the purchase process can be delayed, suspended or interrupted.
After placing an order through the dedicated section of our Website, you will access a confirmation webpage, summarizing your order, and receive an order confirmation email (together the “Order Confirmations”). You should carefully review all details and information indicated in the Order Confirmations, verifying that they match your intentions. You will be able to add to or amend your order after we send the Order Confirmations for one hour after the Order Confirmation by contacting our Customer Service at 0800 2794157.
The Order Confirmations contain details of the items you have ordered, the total cost of the order including delivery and an order number.
The Order Confirmations is your commitment to buy the goods and an authorization to charge the corresponding price on the credit or debit card, subject to Luxottica’s confirmation and acceptance of the order.
PERSONALIZED OAKLEY PRODUCTS
Oakley custom products are offered for personal use only, and are not to be used for any commercial gain. Oakley reserves the right to refuse any orders that contain wording or symbols Oakley believes in its sole discretion to be inappropriate, infringing of other's rights or disparaging to the Oakley brand in any way. By ordering a custom Oakley product, the consumer agrees to take full responsibility and to indemnify Oakley for any claims made by a third party that any part of the personalization created by the customer infringes the rights of or otherwise damages the third party.
Customized Oakley products (glasses and accessories) may not be returned: you will not benefit from a right of withdrawal, because they are personalised and have been custom made for you.
All orders summarized in the Order Confirmations are subject to acceptance by Luxottica which reserves itself the right to accept the order in relation to all or only to part of the items indicated in the Order Confirmations
Successful acceptance of Your order will be communicated to you by sending you an email with confirmation of Your contract and subsequent shipping of the purchased items (the “Shipping Confirmation”). Your contract with Luxottica, will thus be treated as entered into on the date of the Shipping Confirmation email and it will refer exclusively to those items listed in the Shipping Confirmation.
The Shipping Confirmation will contain a copy of these Terms of Sale, the information regarding the right of withdrawal and the form to exercise it (unless you expressly specify your preference to receive these documents in paper, enclosed in the package you will receive), as well as the receipt of your purchase and will precisely indicate the VAT paid for such transaction. The receipt will act as proof for the purchase of the items and can be at any time retrieved on the Website under the section “Order History”. We strongly suggest you to print out a copy of the receipt, together with a copy of the present Terms of Sale and of the Additional Policies, and to keep them safe. Should you need to contact us in relation to your order, you may need to expressly refer to these documents
Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to provide justifications, not to accept any offer at any time before the relevant goods have been dispatched. Should we refuse your order we will notify you as soon as reasonably possible.
We will take payment from your credit or debit card at the time you will receive the Shipping Confirmation by email, detailing what items have been shipped from your order and the cost to ship these items (the “Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Email will include information of the items actually shipped at that time only, a summary of these terms and conditions, information on the purchased goods, on the right of withdrawal, on the methods of payment and on the applicable taxes, and all information we are required to provide by law. We will contact you if we have any problems taking payment from the card details you provide during the order process. Should the payment not be successful or performed, Luxottica is exempted from delivering the item(s), without prejudice to any other applicable remedy and right
All prices shown on the Website are inclusive of VAT and other applicable taxes. We do not charge you any fee for delivering the items to your shipping address, notwithstanding the specific terms in relation to the delivery of the items set forth in the Shipping Information.
Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given in the relevant Order Confirmations at the time you place your order.