General Terms and Conditions of Purchase

Ottica Mineo & Mineo s.a.s. di Alessandro Mineo (VAT No. IT05188490824), with registered office at Via Emerico Amari 50, 90139 Palermo (PA) – Italy, is the seller of the products and the owner of this website. All rights reserved. All products sold are covered by the guarantees provided for by applicable law.

1. Introduction

This document, together with the documents referred to herein, contains the terms and conditions governing the use of this website (hereinafter the “Site”) and the purchase of the items available on it (hereinafter the “Terms”).

Please read these Terms and the Personal Data Protection Policy carefully before using this Site. By using the Site or placing an order through it, you agree to be bound by these Terms and the applicable policies. If you do not agree with all of the above Terms, please do not use this Site.

For any request, doubt or question relating to these Terms and the applicable policies, you may contact us at info@otticamineo.com.

The Contract, as defined below, may be concluded, at your choice, in any of the languages in which these Terms are available on this Site.

2. Our details

The sale of products through this Site is managed by Ottica Mineo & Mineo s.a.s. di Alessandro Mineo, with registered office at Via Emerico Amari 50, 90139 Palermo (PA) – Italy, Tax Code and VAT No. IT05188490824, REA PA-240261.

Contacts: info@otticamineo.com – Tel. +39 378 407 5224 – Certified email (PEC): otticamineoemineosas@pec.it

3. Your data and your access to our website

The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the website, you authorise us to process such information and personal data and declare that all information and/or personal data provided to us are accurate and truthful.

4. Use of our website

By using this website and/or placing orders through it, you agree:

(i) to use the website only to make enquiries or place legally valid orders;

(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this kind has been placed, we will be entitled to cancel it and inform the competent authorities;

(iii) to provide us with your email address, postal address and/or other contact details truthfully and correctly. You also consent to our use of this information to contact you, if necessary. Please refer to the Personal Data Protection Policy.

If you do not provide us with all the information we require, we will be unable to process your order for reasons not attributable to the Seller, and no claim may be made against us on any grounds.

By placing an order through this website, you warrant that you are of legal age, namely 18 years of age or older, and that you have the legal capacity to enter into binding contracts between the parties with full legal effect, expressly releasing the Seller from any liability in connection with any false statements made.

5. Availability of the service

The items offered through the Site are available for delivery exclusively in Italy and in the following European Union countries currently served: Belgium, Denmark, Estonia, Finland, France, Greece, Lithuania, Luxembourg, Malta, the Netherlands, Romania, Slovakia, Slovenia and Hungary.

Actual delivery availability is confirmed by the possibility of selecting the country and entering a valid address during checkout. If a destination cannot be selected, this means that it is not currently served. The list of countries may be updated; current information is also provided on the Shipping page.

6. How the Contract is concluded

The information contained in these Terms and the details provided on this website do not constitute an offer to the public, but merely an invitation to submit a contractual offer. No contract will exist between you and us in relation to any products until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount charged will be refunded in full within the time limits established by your bank.

To place an order, you must follow the online purchasing procedure and click “Authorise payment”. You will then receive an email confirming receipt of your order (the “Order Confirmation”). It is understood that this does not constitute acceptance of your order, as the order is an offer made by you to us to purchase one or more products. All orders are subject to our approval, of which you will be informed by an email confirming that the order is being shipped (the “Shipping Confirmation”). The order details will be summarised in the electronic receipt attached to the Shipping Confirmation (the “E-Ticket”). The contract for the purchase of a product between you and us (the “Contract”) will be deemed concluded only when we send you the Shipping Confirmation.

Only the products specified in the Shipping Confirmation will be covered by the Contract. We will not be obliged to supply any other product that has not been ordered until you are informed in the Shipping Confirmation that such product has been shipped.

7. Product availability

All product orders are subject to availability. In this regard, in the event of supply difficulties or if items are not in stock, we reserve the right to provide you with information on substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to order such substitute products, we will refund any amounts you may already have paid.

8. Refusal to process an order

We reserve the right to remove any product from this website at any time and/or to delete or modify any material or content on it. Although we will always endeavour to process all orders, exceptional circumstances may arise that require us to refuse to process an order after the Order Confirmation has been sent, and we reserve the right to do so at any time.

We accept no liability to you or any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for the failure to process an order after the Order Confirmation has been sent.

9. Delivery

Subject to Article 7 concerning product availability and except in extraordinary circumstances, we undertake to deliver the products within the estimated time frames communicated during checkout and indicated on the Shipping page. Ordinary estimated delivery times, including order processing and transport, are 5–9 business days for Italy and 7–12 business days for the other countries served.

In any event, unless otherwise agreed with the customer, delivery will take place within the maximum period provided for by applicable law and, in any case, within 30 days of conclusion of the Contract.

Delays may nevertheless occur for various reasons, such as product customisation, unforeseen circumstances, the delivery area or issues falling within the carrier’s responsibility.

If, for any reason, we are unable to meet the delivery deadlines, we will inform you and give you the option of continuing with the purchase by agreeing a new delivery date, or cancelling the order, with a full refund of the amount paid. Please note that home deliveries are not made on Saturdays or Sundays and are always subject to the availability of the appointed local carrier.

For the purposes of these Terms, “delivery” will be deemed to have taken place, or the order to have been “delivered”, when you or a third party designated by you and notified in advance at the time of the order acquires physical possession or, in any event, control of the products, as evidenced by signing the order receipt at the agreed delivery address.

10. Failure to deliver

If we are unable to complete delivery of your order for reasons not attributable to the selling company, your order will be sent to the depot of the carrier responsible for transport. In this event, we will leave you a notice stating where your order is located and how to arrange a new delivery. If you are unable to be present at the delivery address at the agreed time, please contact us again to arrange a new delivery date.

If delivery cannot take place for reasons not attributable to the Seller, for example due to an incorrect or incomplete address, repeated absence of the recipient or failure to collect the parcel from the carrier’s depot, the parcel may be returned to the sender.

In this case, we will contact the customer to agree how the order should be handled. If the Contract is terminated, we will refund the amounts paid, without prejudice to the possible charging of the costs directly incurred and supported by documentary evidence for the return of the parcel, within the limits permitted by applicable law.

11. Transfer of risk and ownership of the products

The risk of loss of or damage to the products passes to the customer when the customer, or a third party designated by the customer other than the carrier, physically takes possession of the goods. Ownership of the products passes after full payment of all amounts due.

12. Price and payment

12.1 Price

The price of the products will be the price stated from time to time on our website, except in the case of an obvious error. Although we make every effort to ensure that all prices displayed on the Site are correct, errors may occur.

If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and any amount already paid will be refunded in full.

We will not be obliged to supply the product(s) to you at the lower price incorrectly indicated, even if we have already sent you the Shipping Confirmation, where the pricing error was obvious and unmistakable and could reasonably have been recognised by you as an error.

Prices published on the Site include VAT, where applicable. Standard shipping is free for Italy and for all other countries currently served as specified in Article 5 and on the Shipping page.

Before the order is submitted, checkout will display the total price due. Since deliveries are limited to the indicated European Union countries, no import customs duties are expected between the countries served.

Prices may change at any time. However, except as otherwise stated above, any changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected the items you wish to purchase, they will be added to your cart and the next step will be to complete the order and make payment. To do so, you must follow the purchasing instructions, entering or checking the information requested at each stage of the purchasing process. You may also change the details of your order at any time during the purchasing process before payment. A detailed description of the purchasing process is available in the Purchase Guide. If you are a registered user, a list of all your orders will also be available in the “My account” section.

12.2 Payment

Payment may be made using the methods actually available and displayed during checkout, which may include credit or debit cards, PayPal, digital wallets and other payment services enabled for the selected country.

To reduce the risk of unauthorised access, card details will be encrypted. Once we receive your order, we will carry out a pre-authorisation on your credit card to ensure that sufficient funds are available to complete the transaction. Your card will be charged immediately and, if your bank account or card does not have sufficient funds for the purchase, the transaction will not be completed for reasons not attributable to us.

If the selected payment method is PayPal, the amount will be charged when the order is confirmed.

By clicking “Authorise Payment”, you confirm that the credit card belongs to you or that you are its lawful holder.

Credit cards are subject to verification and authorisation by the card issuer. If the issuer does not authorise payment, we will not be responsible for any delay or failure to deliver and no Contract can be concluded with you.

Payments and orders through electronic devices

Payments made through electronic devices are subject to the same verification, validation and authorisation procedures applied by the chosen payment service provider.

13. Guest checkout

This Site also allows products to be purchased as a guest. With this purchasing method, you will be asked only for the information essential to process your order. At the end of the purchasing process, you will be offered the option to register as a user or continue as an unregistered user.

14. VAT (Value Added Tax)

In accordance with applicable law, every purchase made through the website will be subject to Value Added Tax (VAT).

15. Returns and exchanges policy

15.1 Statutory right of withdrawal

Right of withdrawal

If you enter into the Contract as a consumer, you have the right to withdraw from the Contract within 14 days without giving any reason.

The right of withdrawal may be exercised provided that the product is returned intact, unused and complete with labels, security seals, where present, and original accessories.

The withdrawal period referred to in the previous paragraph expires 14 days after the day on which you, or a third party other than the carrier and designated by you, acquire physical possession of the goods, subject to the conditions described above. In the case of multiple goods ordered in a single order and delivered separately, the period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, acquire physical possession of the last item.

To request a return, you must access your personal area on the Site, in the “Account” section, using the email address used at the time of purchase. In the orders section, you can select the relevant order and submit the return request. Alternatively, you may notify us of your decision to withdraw by sending an email to info@otticamineo.com, attaching the completed model withdrawal form. The procedure through your personal area on the Site remains the preferred and fastest method for processing a return.

Effects of withdrawal

If you withdraw from the Contract, we will refund all payments received from you, including the standard shipping costs incurred for the initial delivery of the order. Any additional costs arising from your choice of a delivery method other than the standard method offered by us are excluded. The refund will be made without undue delay and, in any event, no later than 14 days from the day on which we are informed of your decision to withdraw from the Contract. Refunds will be made using the same payment method you used for the initial transaction. In any event, you will not incur any fees as a result of the refund. Without prejudice to the foregoing, the refund may be withheld until we receive the goods or until you provide evidence that you have sent them back, whichever occurs first.

Please hand the goods over to the appointed carrier in accordance with the instructions received by email after approval of the return request. The return address is Via Emerico Amari 50, 90139 Palermo (PA) – Italy. The deadline is met if you hand the goods to the carrier before the end of the 14-day period.

You are only liable for any reduction in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

15.2 Contractual right of withdrawal

In addition to the statutory right of withdrawal granted to consumers and users under Article 15.1 above, we grant you a period of 30 days from the date on which you receive the Shipping Confirmation to return the products, except for the products referred to in Article 15.3 below, for which the right of withdrawal is excluded.

If you return the products within the period for exercising the contractual right of withdrawal but after expiry of the statutory withdrawal period, only the amount paid for those products will be refunded.

You may exercise your right of withdrawal in accordance with Article 15.1 above, provided that, if you inform us of your intention to withdraw from the Contract after expiry of the statutory 14-day period, you must in all cases return the goods to us within 30 days of receiving the Shipping Confirmation.

Returns by shipping agent or courier

To exercise your right of withdrawal, please follow the procedure indicated in the “Returns and Refunds” section of this website or contact us, stating the order number and the reason for the request. We will arrange collection of the parcel by courier from your address, at no additional cost to you, except in cases expressly excluded by these Terms, for example where products have been used, damaged or do not meet the return requirements.

The product must be returned, where possible, in its original packaging and, in any event, properly packaged, following the instructions provided in the “Returns and Refunds” section of the Site. If the purchase was made as a guest, you may request courier collection by contacting us at the email address indicated in these Terms or by calling +39 378 407 5224.

After checking the integrity of the returned product, we will inform you of the outcome of the refund request. The refund will be made as soon as possible and, in any event, within 14 days from the date on which you informed us of your intention to withdraw from the Contract. The refund may be withheld until we receive the goods or until you provide evidence that you have sent them back, whichever occurs first. The refund will always be made using the same payment method used for the purchase, unless otherwise expressly agreed.

15.3 RETURN OF DEFECTIVE PRODUCTS

If you believe that, at the time of delivery, the product does not comply with the Contract, you must contact us immediately through the “Account” section of the Site, indicating the relevant order, or write to info@otticamineo.com, providing the product details, the damage found and the anomaly identified.

You must return the product to the address specified in the electronic document you receive with the Shipping Confirmation. We will carefully examine the returned product and inform you by email, within a reasonable period, whether we will refund or replace the product, as appropriate. The refund and/or replacement of the item will be carried out as soon as possible and, in any event, within 14 days from the date on which we send you an email confirming that we will refund or replace the unsuitable item.

The amount paid for products returned due to actual damage or defects will be refunded in full, including the delivery costs incurred to send the item and the costs incurred by you to return it. The refund will be made using the payment method used for the purchase.

All rights granted by applicable law remain unaffected.

15.4 Legal guarantee of conformity

New products purchased by consumers are covered by the legal guarantee of conformity provided for by the Italian Consumer Code. The guarantee lasts for two years from delivery of the goods and protects the consumer in the event of a lack of conformity, in accordance with the conditions, remedies and time limits laid down by applicable law.

To request assistance, you may write to info@otticamineo.com, stating the order number, the product concerned and a description of the issue, and attaching photographs where useful.

16. Liability and disclaimer

Unless otherwise provided in these Terms, our liability in relation to products purchased on our website will be limited exclusively to the purchase price of the product concerned.

Without prejudice to the above, our liability is not excluded or limited in the following cases:

a) death or personal injury resulting from our negligence;

b) fraud or fraudulent activity;

c) any circumstance in which it would be unlawful or illegal for us to exclude, limit or attempt to limit or exclude our liability.

Subject to the preceding paragraph, to the extent permitted by applicable law and unless otherwise provided in these Terms, we accept no liability for indirect losses, including:

i. loss of profit;

ii. loss of turnover;

iii. loss of earnings or contracts;

iv. loss of anticipated savings;

v. loss of data;

vi. wasted office or administrative time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this website, unless expressly stated otherwise.

All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except for those required by law. In this regard, if you are contracting as a consumer or user, we undertake to deliver products that conform to the Contract and remain liable for any lack of conformity existing at the time of delivery. Products are deemed to conform to the Contract if they: (i) match the description provided by us and possess the qualities presented on this website; (ii) are fit for the purposes for which products of the same type are normally used; and (iii) display the quality and characteristics normal in products of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties except those that cannot lawfully be excluded in relation to consumers and users.

Our products, especially handmade products, display the natural characteristics of the materials used in their manufacture. Natural characteristics such as the workmanship of the frames, their colour, the colour of the selected lenses, their shape and, more generally, any other intrinsic feature of the eyeglass frame, must not be regarded as imperfections or defects. On the contrary, the lack of uniformity resulting from the use of valuable and unusual raw materials is to be expected and appreciated. We select only products of the highest quality, but this type of variation is unavoidable and must be accepted as part of the characteristic appearance of the product.

These provisions do not in any way limit the rights granted to consumers by applicable law or your rights to terminate the Contract.

17. Intellectual property

You acknowledge and agree that all copyrights, registered trademarks and any other intellectual property rights in the materials or content presented as an integral part of the website belong to us or to those who have licensed their use to us. You may use such material only in the manner expressly authorised by us or by those who have licensed its use to us. This does not prevent you from using this website to the extent necessary to copy information concerning your order or contact details.

18. Viruses, hacking and other cyber-attack risks

You must refrain from any misuse of this Site and from introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. Without authorisation, you must not access the website, the server on which it is hosted, or any other server, computer or database connected with our website. You agree not to carry out denial-of-service attacks against this website.

Failure to comply with this clause may constitute an offence under applicable law. In the event of such a breach, we will inform the competent authorities and cooperate with them to identify those responsible for the attack. Likewise, if you breach this Article, your authorisation to use the website will be withdrawn immediately.

To the fullest extent permitted by applicable law and without prejudice to consumers’ fundamental rights, we accept no liability for any damage or loss resulting from a denial-of-service attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website, downloading content from it or accessing a website to which it redirects the user.

19. Links from our website

Where our Site contains links to other pages or materials belonging to third parties, such links are provided for information purposes only. We have no control over the content or materials contained on those pages or websites. We therefore accept no liability for any damage or loss arising from their use.

20. Written communications

Applicable law requires some of the information or communications we send you to be in writing. By using this website, you agree that most communications exchanged with us will be in electronic form. We will contact you by email or provide information by posting specific notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications provided to you electronically comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights granted by applicable law.

21. Notices

All communications addressed to us must be sent to info@otticamineo.com. We reserve the right to send you any communications by email or post to the address provided when the order was placed.

Communications will be deemed received and duly served, as applicable, when posted on our website, 24 hours after an email is sent, or three days after the date of posting. To prove that a communication has been served, it will be sufficient to show, in the case of registered post, acceptance and delivery by the postal service or, in the case of certified email, the sending, acceptance and delivery receipts; in the case of ordinary email, it will be sufficient to show that it was sent to the recipient’s email address, except where non-receipt is due to reasons not attributable to the Seller.

If you send a message to info@otticamineo.com and do not receive a reply within 3 business days, and the email appears not to have been delivered for reasons not attributable to the Seller, please send it again.

22. Assignment of rights and obligations

The Contract is binding on the parties. You are expressly prohibited from transferring or assigning the Contract, or any rights or obligations arising from it, in any manner without our prior written consent. We may transfer, assign, subcontract or otherwise dispose of the Contract, or any rights or obligations arising from it, freely, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, subcontracting or other disposal of the Contract will not affect your rights as a consumer and will not remove, reduce or limit in any way any guarantees or liabilities offered by us, expressly or impliedly.

23. Force majeure

We will not be liable in any way for any failure or delay in performing any of the obligations under the Contract caused by events beyond our reasonable control (“Force Majeure Events”). A Force Majeure Event means any act, event, non-occurrence, omission or accident beyond reasonable control and includes, by way of example and without limitation:

1. Strikes, lockouts or other industrial action.

2. Civil commotion, riots, invasion, terrorist attacks or threats of terrorist attacks, war, whether declared or not, or threats of war.

3. Fire, explosion, storms, floods, earthquakes, landslides, epidemics or other natural disasters.

4. Inability to use railways, maritime transport, air transport, motor transport or other public or private means of transport.

5. Inability to use public or private telecommunications networks.

6. Acts, decrees, legislation, regulations or restrictions imposed by any government.

7. Any strike, disaster or accident affecting maritime, postal or other relevant means of transport.

It is understood that performance of the obligations under the Contract will be suspended for the entire duration of the Force Majeure Events. We will be granted an extension for performance of the Contract equal to the duration of that period. It is nevertheless understood that, even while Force Majeure Events continue, we will endeavour to find a solution that enables us to fulfil our contractual obligations.

24. Waiver

If, during performance of the Contract, we fail to insist upon strict performance of any of your obligations, or any obligations under these General Terms and Conditions, or fail to exercise any right or remedy to which we are entitled under the Contract or these General Terms and Conditions, this will not constitute a waiver of those rights or remedies and will not release you from compliance with the relevant obligations, which will remain in force.

Any tolerance by us of one of your breaches will not constitute a waiver of our right to act in relation to any subsequent breach.

No waiver by you in respect of any of your obligations under the Contract or these General Terms and Conditions will be valid unless communicated in writing in accordance with Articles 19 and 20 above.

25. Severability

If any Article of these General Terms and Conditions, any part thereof, or any provision of the Contract is found by a competent authority to be invalid, unlawful or unenforceable, that Article, clause or provision will be deemed not to have been included, while the remaining Articles, clauses and provisions will remain valid to the fullest extent permitted by law.

26. Entire agreement

These General Terms and Conditions, together with any document expressly referred to in them, constitute the entire agreement between you and us concerning the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or written.

You and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or implied from anything said or written during negotiations prior to the Contract, except as expressly stated in these Terms.

You and we will be entitled to seek a remedy for any false statement made by the other party, whether orally or in writing, before the date of each Contract, unless such false statement was made fraudulently. The only remedies available to the other party will be for breach of Contract, as provided in these Terms.

27. Right to amend these Terms

We reserve the right to review and amend these Terms at any time.

You will be subject to the General Terms and Conditions in force at the time of your order, unless an amendment to the General Terms and Conditions or Data Protection Policies is required by law or at the request of a governmental authority, in which case it will also apply to orders already submitted to us.

28. Governing law and jurisdiction

The use of our website and contracts for the purchase of products through the website are governed by Italian law.

Any dispute arising from or relating to the use of the website or such contracts will be subject to the jurisdiction of the court of the consumer’s place of residence or domicile.

If you enter into the Contract as a consumer, this clause does not in any way affect the rights granted to you by law as a consumer.

29. Comments and suggestions

Your comments, suggestions or complaints may be sent to info@otticamineo.com or communicated by calling +39 378 407 5224.

If, as a consumer, you believe that your rights have been infringed, you may submit your complaint to us at info@otticamineo.com in order to seek an out-of-court resolution of the dispute. It is specified that such a process must always be preceded by an attempt at conciliation or mediation before the competent body chosen by the consumer.

The consumer may also refer the matter to the competent alternative dispute resolution (ADR) bodies, without prejudice to the right to bring proceedings before the courts. Information on ADR bodies recognised in European Union countries is available through the official channels of the European Union and the competent national authorities.

ANNEX

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract, by sending it to info@otticamineo.com. The seller of the products and owner of the Site is OTTICA MINEO&MINEO S.A.S. DI ALESSANDRO MINEO, with registered office at Via Emerico Amari 50, Palermo (PA) – Italy, Tax Code and VAT No. 05188490824 – REA PA-240261.

I hereby give notice that I withdraw from my contract of sale of the following goods: Ordered on ( ) / received on ( )

Name of consumer

Address of consumer

Reason for withdrawal

Signature of consumer

Date

____________________