Terms & Conditions of Sale
- Products are sold by PRO.CREA. TECH SRL company with registered office in Italy in Molfetta (Bari) in Via dei Calefati 9 ; P.iva IT07335640723, registration number 549712 in the register of companies (henceforth Seller).
- For any information request, you can contact PRO.CREA. TECH SRL:
I. By mail to the following address:[email protected];
II. By phone at the following number: +390809190930
III. By ordinary post at the address: via dei Calefati 9-70056 Molfetta (Ba) Italy;
- This document about General Terms and Conditions of sale regulates the offer, the transmission and the acceptance of purchase orders of products sold on the website www.vistamareoptic.com and does not regulate , instead, the supply of service or the sale of products of subjects other than the Seller that are present on the website via links, banners or other hypertexts links. For this reason, before forwarding orders and/ or purchasing services/ products by someone else other than the Seller, we suggest checking our terms and conditions of sale. The Seller is not responsible for the provision of the services by third parties other than the Seller himself.
- Through the e-commerce platform the company PRO. CREA. TECH SRL makes available to the Buyer a virtual store including, among other products, frames, and prescription lenses, made according to the needs of the Buyer and customizable by the same.
- The products sold on the site can be purchased and delivered exclusively in the countries indicated in the present order form. Any orders for shipments to be made outside these countries will be automatically rejected during the procedure order processing.
C. Procedures for the purchase and conclusion of the contract
- In order to conclude the purchase contract it will be necessary to complete the order form in electronic format, following the relative instructions, and send it.
- The order form already contains:
I. referral to these General Terms and Conditions of Sale;
II. the information and images of each product and its price;
III. the expected payment methods;
IV. the delivery methods for the products purchased and the relative shipping costs;
- Despite the PRO. CREA. TECH SRL pursues measures aimed at constantly ensuring that the photographic images used on the site are as faithful as possible to the original products, also using every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution features of the hardware used by the Buyer. Therefore the Seller will not be in any way responsible for any inadequacy of the photographic representations of products shown on the site if due to the aforementioned technical causes, since these representations are merely illustrative.
- The articles on this website comply with the certifications as reported on the packages of the same. For any further information, the Buyer can contact customer service at one of the addresses listed in par. 1 (one) of this document.
- Before concluding the contract, the Purchaser will be asked to confirm the reading of this document of the General Terms and Conditions of Sale, as well as the information on the exercise of the right of withdrawal and the processing of personal data.
- After completing the purchase, the Buyer will receive a summary e-mail confirming receipt of the order. Subsequently, the Seller will carry out standard checks to ensure the reliability of the chosen payment method.
- The offers of the articles on the website www.vistamareoptic.com are intended only for adult customers. If the Buyer is under the age of 18 (eighteen) to purchase he must have the prior consent of one of his parents or legal guardian. By placing an order through this website, the Buyer guarantees and declares to be older (18 years) and to have the legal capacity to enter into binding contracts.
- The Purchaser is prohibited from entering false, and / or invented, and / or fantasy names in the online ordering procedure and in the related and further communications. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
- The Buyer will be obliged to pay the price from the moment the order submission procedure is completed. This will be done by clicking on the "Proceed to purchase" button at the end of the guided procedure.
- The Seller will accept the order only after the payment has been approved (and at this point the contract can be said to be stipulated in accordance with these terms) by the chosen payment platform and therefore deemed reliable.
- Concluded the contract the Seller will take charge of the order for its evasion.
- The Seller may refuse or cancel an order or block an account (even if an order had previously been confirmed), in those cases in which the order or account may arouse suspicion as to their authenticity. If this happens, the Buyer affected by the block can contact the Seller at the addresses listed in par. 1) of this document.
D. Purchase of customized products
- The Buyer can personalize, where it’s possible, the chosen product by inserting without any modification by the Seller, values, color preferences (among those available etc).
- The Seller guarantees that the customizable product are free from defects and they respect the production certifications on the packaging of the same products.
E. Registered users
- In completing the scheduled registration procedure, the Buyer undertakes to follow the instructions on the site and provide his personal data correctly and truthfully.
- The confirmation will in any case exempt the Seller from any liability regarding the data provided by the Buyer. The Buyer undertakes to promptly inform the Seller of any changes to its data at any time communicated.
- If the Buyer communicates inexact or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, the Seller will have the right not to activate or suspend the requested service until the related deficiencies are rectified.
- At the first request for activation of a profile by the Buyer, the same will provide by entering a valid user name and an effective password. The latter acknowledges that such identification data constitute the Buyer's access validation system to the services of this website and the only system suitable for identifying the Buyer and that the acts performed through such access will be exclusively attributed to him and will be effective. binding on you.
- The Buyer undertakes to maintain the secrecy of his access data and to keep them with due diligence and care and not to sell them, even temporarily, to third parties.
F. Product availability
- Product availability refers to the time the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other buyers before confirming the order.
- Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of goods. In this case the order will be automatically adjusted, delating the unavailable product, and the buyer will be immediately informed by e-mail or other method authorized by the same.
G. Offered products
- The products are made of contact lenses, contact lens solution, underwater masks, sport glasses, graduated lenses, frame for eyeglasses of various types color and sizes.
- The complete offer is always available on the seller’s website.
H. Payment and prices
- The price of products will be indicated from time to time on the site except where there are obvious and easily recognizable mistakes.
- In case of a mistake, the Seller will notify the Purchaser as soon as possible, allowing him to confirm the order at the right amount or cancellation. In any case, the Seller will not be obliged to supply the sold goods at the lower price incorrectly indicated.
- The prices of the products are inclusive of VAT and don’t include shipping costs. Prices may have changes at any time. Prices will not affect orders for which confirmation was already sent.
- Once the desired products have been selected and addition to the cart, it will be sufficient to follow the instructions for the purchase by entering or verifying the information requested in each step of the process. The order details will be summarized before the payment and can be modified before proceeding the purchase.
- Payment can be made by: Paypal or bank transfer.
- The Seller carries out shipments all over the world, excluding areas subject to embargo. Delivery will not be carried out in the territories for which the purchase procedure envisaged on the site shows limitations.
- The Seller will only deliver to the Purchaser's home as supplied at the time of the order.
- Delivery will generally be made within the deadline estimated when the shipping method is chosen. In the event that no date is specified at that time, delivery will in any case take place within a maximum period of 30 (thirty) days from the time the order is confirmed.
- As far as the European Union countries are concerned, delivery will be made in 12 days and in any case within a maximum period of 30 days.
- In non-EU territories delivery will take place in approximately 15 days and in any case within a maximum period of 30 days.
- The shipping costs are charged to the buyer and are explicitly highlighted at the time the order is placed.
- If it is not possible to make the delivery, in the times and ways selected and / or provided, the order will be sent to the deposit. In this case, a notice will be sent to the Buyer indicating the place where the order is located and how to arrange a new delivery. The notice may also come from the carrier used by the Seller.
- If delivery cannot take place, for reasons not attributable to the Seller, after 30 (thirty) days from the date on which the order is available for delivery, the contract will be considered terminated.
As a result of the termination of the contract, as described above, the Seller will return all costs concerning the product, including shipping / delivery costs, and any other expenses, additional and known to the buyer at the time of order confirmation, without unjustified delay and in any case within 60 (sixty) days from the receipt of the communication of the termination of the contract by the Seller. The transport related to the return of the product to the Seller, following the termination of the contract, could lead to additional costs that will be the sole responsibility of the Buyer.
L. Transition of the risk
Risks related to the products will be borne by the buyer starting from the time of delivery. The ownership of the products will be deemed transferred upon receipt of payment, complete of all amounts including shipping charges.
M. Warranty and commercial compliance
- The Seller is responsible for any defect in the products offered on the site including the non-conformity of the items.
- The Seller guarantees the purchaser who concluded the contract as a consumer from defects or any natural person who purchases from the site for purposes unrelated to any entrepreneurial or professional activity carried out. This warranty is valid on the condition that the defect occurs within 24 (twenty-four) months from the date of delivery of the products and that the Buyer submits a formal complaint, to be presented at one of the addresses listed in par.1, within a maximum of 2 (two) months from the date on which the defect was known by the latter.
- In the event of non-compliance, the Purchaser who has stipulated the contract as a consumer will be entitled to obtain the restoration of the conformity of the products, without charge, by repair or replacement or to obtain a price reduction or termination of the contract in relation to the goods disputed and the consequent return of the expenses incurred.
N. Complaints and information about the right of withdrawal
- For any claim, the Buyer can contact the Seller through one of the contacts listed in par.1 of this document.
- The Buyer has the right to withdraw from the purchase without penalty and without specifying the reason within the term of 14 (fourteen) days from the date of receipt of the products.
- In the case of multiple purchases made by the purchaser with a single order, but delivered separately, the term of 30 (thirty) days starts from the date of receipt of the last of the items.
- The Purchaser who intends to exercise the right of withdrawal must notify PRO. CREA. TECH SRL through an explicit declaration to be sent to the e-mail address indicated in par.1 of these General Terms and Conditions of Sale.
- The Purchaser may also use the model present at the following link: model
- The Buyer, making use of the right of withdrawal has the obligation to return, at his own expense, to the Seller, the intact goods (in the original packaging), complete in all its parts and complete in the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products subject to withdrawal within a maximum period of 60 (sixty) days. The amount returned by the Seller will not include shipping costs.
- The Seller will make the refund using the same payment method chosen by the Buyer during the purchase.
- Where payment has been made by bank transfer and if the buyer intends to exercise his right of withdrawal, he must provide the IBAN, Swift and Bic bank details necessary for the refund.
- The right of withdrawal does not apply, among other cases and for what it detects here, to the supply of goods made to specifications or clearly personalized, to the supply of goods that are likely to deteriorate or expire rapidly, to the supply of sealed goods that are not lend to be returned for hygienic reasons or related to the protection of health and were opened after delivery and to the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods (Article 59 of Legislative Decree . 206/2005).
O. Processing of personal data
P. Applicable law and competent court
- The present general conditions of sale are governed by Italian law and are interpreted on the basis of it without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Purchaser. Consequently, the interpretation, execution and ending of these General Terms and Conditions of sale are subject exclusively to Italian law.
- Any disputes must be resolved exclusively by the Italian court in particular, if the buyer invests as a consumer, any disputes will be resolved by the court of the place of domicile or residence of the same and according to the applicable law.
- The Seller reserves the right to modify, remove or change the services and / or any part of the Site (including the General Terms and Conditions of Use) at any time.