1.1 OPTIM S.A., the party responsible for the website, provides users with this document, by means of which it intends to comply with the obligations specified in Act 34/2002 on Information Society and Electronic Commerce Services (LSSI-CE), as well as inform all users of the website about the conditions of use of the site.
1.2 Any person accessing this website and using its services, or supplying his/her data, assumes the role of user and undertakes to rigorously observe and comply with the provisions contained herein, as well as any other legal provisions that may apply.
1.3 The purpose of this contract is to regulate the provision of services offered through this website, and specifically, the sale of sunglasses and frames.
1.4 Below is the contractual document that will govern the provision of our services and sale of products through the website: www.optim.vision/kodak, property of OPTIM S.A. (hereinafter, the provider). Acceptance of this document means that the user:
a. Has read, understands and comprehends what is stated herein.
b. Is a person with sufficient legal capacity to contract.
c. Assumes and accepts all of the obligations set forth herein.
1.5. These conditions shall be valid for an indefinite period of time and shall be applicable to all contracting carried out through the provider’s website, until the publication of a new version.
2.- Identity of the Parties
2.1. Party of the first part, the provider identified above, and party of the second part, the user registered on the website and who shall be responsible for the veracity of the personal information supplied to the provider.
3.- Contracting Procedure
3.1 The contracting procedure may be carried out in Spanish and English. In the event that it can be carried out in another language, this shall be indicated prior to beginning the contracting procedure.
3.2 In order to access the services offered by the provider, the user must sign in through the website, either as a user or to make a specific order. To do this, the user shall be required to freely and voluntarily provide personal data.
3.3 During the contracting process, he/she will be led through the various steps to follow, and the entered data may be modified, if necessary. The various steps to be followed in the purchasing process are as follows:
1.- Selection of product and quantity.
2.- Shopping basket. Entering of discount codes.
3.- Indication of whether the purchaser is already registered on the website or not.
4.- Entering of personal data, delivery and billing address. Acceptance of Legal disclaimer/privacy policies.
5.- Indication of payment method
6.- Confirmation of order/purchase. Acceptance of the general terms and conditions.
8.- Sending of a purchase confirmation e-mail.
3.4 The user shall always be informed once the contracting procedure has been completed, through the provider’s contracting platform and via the aforementioned purchase confirmation e-mail.
3.5 The provider shall not file the electronic document. We recommend that you keep a printout of the order confirmation message, as well as the e-mail you will be sent within the following 24 hrs.
4.- Payment Methods
4.1 Payment for the services may be made in the following ways:
a) Credit card payment
5.1 The prices indicated for each of the services offered on the site include Value Added Tax (VAT).
5.2 The applicable prices for each service shall be those published on the website or those offered as special offers and promotions on the website or on banners, marketing communications from the provider, etc…
5.3 The invoice shall be delivered together with the completed order.
5.4 In the event that services other than those indicated above are contracted, different prices may be set.
6.- Delivery Times
6.1 As a general rule, delivery times shall be 2-3 working days within the EU and 4-6 working days for all other territories.
7.- Right of Withdrawal
7.1. The user has the right to withdraw from this contract within a period of fourteen (14) calendar days, without need of justification, by notifying us thereof through our website.
7.2. The aforementioned right of withdrawal shall not be valid for those products made according to the specifications of the buyer or that are clearly personalized. This also applies when supplying goods not suitable for return due to health safety or hygiene reasons.
7.3. The withdrawal period shall expire fourteen (14 ) calendar from the day on which you, or a third party named by you other than the carrier, took material possession of the goods.
7.4. In order to exercise your right of withdrawal, you must notify us through our website of your decision to withdraw from the contract by means of an unequivocal statement.
7.5. You may use the template that accompanies your order, although its use is not mandatory.
7.6. In order to comply with the withdrawal period, it is sufficient that you send notification of your desire to exercise this right before the period in question expires.
Consequences of Withdrawal:
7.7. In the event of withdrawal on your part, we shall refund all payments received from you, including delivery costs (with the exception of additional expenses resulting from your choice of a delivery method other than the less expensive standard delivery method that we offer) without any undue delay, and in any event, no more than fourteen (14) calendar days from the date on which we are informed of your decision to withdraw from this contract.
7.8. We shall proceed to make said refund using the same payment method used by you for the initial transaction, except as otherwise expressly provided by you; in any case, you shall not incur any expense as a result of the refund.
7.9. You shall be responsible for taking care of the shipping and assume the direct cost of returning the goods.
7.10. You shall be solely responsible for any decrease in value of the goods resulting from handling other than what is necessary to establish the nature, features and functioning of the goods.
7.11. We may withhold the refund until we have received the goods and verified that no exception to the right of withdrawal applies and that the products have not suffered any damage.
8.1 Shipping shall be free of charge, without generating any additional costs for it.
9.- Obligations of User
9.1 The user shall be fully responsible for maintaining the confidentiality and appropriate safekeeping of the passwords he/she has, preventing unauthorized third parties from having access to them.
9.2 A series of data is requested from the user for the contracting of services offered through the website. The purpose of the aforementioned request is to make the contracting possible and to carry out the contracted service under the proper conditions. In this respect, the user undertakes to ensure that the data requested and declared are true, complete and accurate, and likewise undertakes to notify the provider as soon as possible of any change that may affect the data, in order to avoid any problems that might arise if the provider has incorrect or out-of-date data.
10.1 All products marketed through the website come with a 2-year warranty, pursuant to the terms established in the relevant regulatory guidelines.
11.- Notification of issues.
If you have any service-related issues, either before or after the purchase is made, you may contact us at email@example.com
12.- Data Protection
12.1.- Pursuant to what is set forth in Organic Law (L.O.) 15/1999 on the Protection of Personal Data, your data shall become part of a file for which OPTIM S.A. is responsible, which is kept for the purpose of managing all matters relating to the shopping process on our website and, if you consent, for sending you communications about Kodak Frames. You may exercise your access, correction, cancellation and opposition rights by sending us an express request, together with a copy of your ID card, to c/ Espigolera 13, 08960 Sant Just Derven or sending an email to firstname.lastname@example.org
13.- Safeguard clause.
13.1.- The potential invalidity or unenforceability of one or more clauses of these general terms and conditions, due to any reason, shall not entail the invalidity or unenforceability of the text as a whole, which shall remain in full force and effect for all other clauses.
14.- Governing law and jurisdiction
14.1.- Applicable law, in the event of any dispute or conflict in the interpretation of the terms that comprise these Conditions of Use and for any questions regarding the services offered by the Website, shall be Spanish law.
14.2.- For the resolution of any disputes that may arise upon using the Website and its services, the parties agree to submit them to the jurisdiction of the judges and courts of the user’s domicile, or the one, in each case, established by procedural and/or consumer and user regulations.
14.3.- The European Commission, in accordance with Article 14.1 of Regulation (EU) 524/2013, provides a platform for online dispute resolution on consumer issues, available at the following link: http://ec.europa.eu/consumers/odr/. Consumers will be able to submit their claims through the online litigation resolution platform.