General sale condition

1. General Provisions

The present General Sale Conditions are applicable to any order forwarded to Look Occhiali S.r.l. The transmission of an order implies the acknowledgement and acceptance of the present General Conditions of Sale published on the website www.lookocchiali.it under the heading General Conditions of Sale. The present conditions shall apply to the exclusion of any other clause or condition, except for any particular clause agreed in advance in writing and signed for acceptance by the parties. Orders placed by the e-commerce site, e-mail, telephone, fax or post imply acceptance of the General Terms and Conditions of Sale. Look Occhiali S.r.l. reserves the unquestionable right to modify the present General Sale Conditions at any time, without any prior notice. All the additional clauses or particular conditions of purchase incompatible with the present general conditions, even if they appear on the Customer's order, shall be considered as not affixed.

2. Characteristics of the Products

The Products are sold with the characteristics described on the Site and according to the General Conditions published on the Site, to the exclusion of any other condition or term. The main characteristics of the Products are provided in each descriptive section of the Site. The images and colours of the Products on sale on the Site may vary and/or not correspond to the real ones. The prices, the Products on sale on the Site and/or their characteristics may be subject to change without notice. In any case, before placing the purchase order, the Customer is invited to check the final sale price.

3. Orders

All orders are irrevocable and must always specify the quantity, technical specifications and all elements necessary for the correct identification of the Products. All orders have the value of a contractual proposal and are governed by these General Terms and Conditions, which form an integral part of them. The orders in any form forwarded by the customer shall not be binding in any way for Look Occhiali S.r.l. who may therefore not accept them or accept them partially at its own discretion. Any subsequent requests for variation and/or cancellation must be made in writing and will not be valid unless accepted in the same form by Look Occhiali S.r.l. Look Occhiali S.r.l. reserves the right in any case to refuse the variation and/or cancellation as to execute the original order. Look Occhiali S.r.l. may in any case suspend the execution of the supply in the event of a decrease in the solvency of the purchaser such as, for example, but not limited to, in the event of protests, seizures, distraints, insolvency proceedings and in general prejudicial acts. In such cases Look Occhiali S.r.l. may, at its discretion, suspend the execution of the contract and require the release of personal guarantees or collateral, or terminate the contract for breach of contract by the purchaser, pursuant to art. 1456 c.c., also requiring the immediate payment in cash of overdue payments and invoices due by communication by registered letter with return receipt.

4. Delivery and Shipping

In case the Customer does not collect the Products, Look Occhiali S.r.l. may store them on behalf and at the risk of the Customer and, after notification of the provision, invoice them as if they had been delivered. In any case, Look Occhiali S.r.l. has the right, without prior notice, to resell them and to act for compensation for any damages suffered. The goods travel at the risk and danger of the customer who, in his own interest, must check, before collection, the integrity of the products and the quantity of the goods received. Any complaints shall be made directly to the carrier at the time of delivery. Unless expressly agreed otherwise in writing, fulfilment of the order after the delivery time stipulated shall not entitle the Customer to demand termination of the Contract. Any delivery terms are purely indicative and have no contractual value.
Orders with on-line payment have an approximate delivery time of 7 working days, except in cases of unforeseen circumstances.
Possible delays in the delivery of the Products shall not imply in any case any responsibility on the part of Look Occhiali S.r.l.. The Customer, therefore, will not be able to charge or request to Look Occhiali S.r.l. any compensation for damages suffered due to delays in delivery of the Products.

5. Prices

Unless expressly stated otherwise, in the Order Confirmation the prices are net of all charges relating to taxes and charges for transport, insurance, shipping, storage and the like, which shall be borne by the Customer. Any increases in such charges, which become effective after the date of the Order Confirmation, shall be borne by the Customer. If during the course of the supply there should be increases in the cost of materials, changes in exchange rates or other factors, Look Occhiali S.r.l. reserves the right to modify the prices, starting from the dates on which such increases took place.

6. Payments

Payments shall be made according to the terms indicated on the order accepted by Look Occhiali s.r.l.. After the agreed deadline for payment will be charged, without the need for prior notice of default, interest on arrears to the extent provided for in art. 5 of D. Lgs. 231/2002 (ECB rate + surcharge 7%), subject to compensation for damages. Look Occhiali S.r.l. in case of non-compliance by the Customer with the terms and conditions of payment, may
- request the immediate payment of all the credits for forfeiture of the benefit of the term;
- suspend ongoing supplies or complete them only against advance payment
- withdraw from all further contracts entered into with the Customer and terminate negotiations under way with the Customer
- terminate the contract pursuant to Article 1456 of the Civil Code.
In case of repeated non-fulfilment by the Customer, the case will be entrusted to the debt collection. In the aforementioned case of termination of the contract the customer, in addition to having to pay Look Occhiali S.r.l. the full amount due, will be required to pay compensation for all damages suffered as a result of breach of contract. However remains the possibility for Look Occhiali S.r.l. to request the execution of the contract.

7. Complaints and Returns

Complaints about tampering or shortage of materials must always be made by the recipient to the carrier. The recipient must report apparent defects within eight days of receipt and hidden defects within eight days of their discovery. The complaint can never have as consequence the cancellation or the reduction of the order by the Customer and even less the payment of any kind of compensation by Look Occhiali S.r.l. and, in any case, the payment beyond the established deadline. Any return must always be previously agreed with Look Occhiali S.r.l. and can only be accepted if the material and its packaging are perfectly intact. The contested goods must be sent back free of any expense and with accompanying note indicating the reasons for the return.

8. Warranty

The warranty of Look Occhiali S.r.l. lasts one year from the date of delivery of the goods. This guarantee is limited exclusively to the repair or replacement free of charge of the parts recognised as defective, due to material defects or deficiencies in workmanship. The recipient of the goods must report apparent defects within eight days of receipt and hidden defects within eight days of their discovery, under penalty of forfeiture of the guarantee. The warranty is void if the parts returned as defective have been tampered with or repaired in any way. Look Occhiali S.r.l. does not assume any responsibility for damages deriving from accidental events of any nature occurring during the use of the Products.

9. Pact of reserved dominion

The Products are sold with reserved dominion pact in favour of Look Occhiali S.r.l., which, in case of non-payment, can avail itself of the express resolutive clause as per art. 1456 c.c. and repossess the unpaid Products at the expense of the defaulting Customer. In the case of sale by instalments, until the purchaser has made full payment of the price, the goods subject to the supply shall remain the property of the seller and may be claimed by the same wherever they are located, even if combined or incorporated with goods owned by the purchaser or third parties, pursuant to and for the purposes of Art. 1523 et seq. of the Civil Code. During the aforementioned period, the purchaser shall assume the obligations and responsibilities of the custodian of the goods supplied and may not alienate, give in use or pledge, move, let seize or attach such goods without declaring the ownership of the seller and without immediately notifying the same by registered letter with return receipt.

10. Applicable Law and Jurisdiction

These General Terms and Conditions, as well as the individual purchase contracts, shall be governed by and interpreted on the basis of the provisions of Italian Law.
For any and all disputes, the exclusive jurisdiction of the Court of Belluno shall be acknowledged, with the exclusion of any derogation for reasons of continence or connection of causes.