General conditions of sale

CREO – Positano Glasses di Crescenzo Parlato, sole proprietorship, VAT number 05475940655, with registered office in Positano, Via Chiesa Nuova 32 (“CREO – Positano Glasses”) invites customers to read these general conditions of sale (“General Conditions”) before making any purchase on the website www.positanoplasses.com (“Site”). The General Conditions regulate the sales contracts for the products on the Site. By making any purchase on the Site, the customer (“Customer”) fully accepts the General Conditions. CREO – Positano Glasses undertakes to comply with consumer protection legislation, including Legislative Decree 206/2005 (Consumer Code).

1. CONCLUSION OF THE CONTRACT

1.1 By “ online ” sales contract we mean the distance contract, i.e. the legal transaction concerning movable goods and/or services stipulated between a supplier, CREO – Positano Glasses, and a Customer within the scope of a distance selling system organised by the supplier who, for such contract, uses the distance communication technology known as “internet”.

1.2 The presentation of products on the Site does not constitute an offer to the public, but rather an invitation to the Customer to make an offer for the product, a so-called invitation to offer.

1.3 If the Customer wishes to purchase one or more products on the Site, he/she can add them to his/her virtual “cart” and complete the order by filling in the form in its entirety and proceeding to the payment of the indicated amount.

1.4 Before completing the order, the Customer will view a summary page of the information relating to his/her purchase (product/s purchased, price, chosen payment method, delivery method, etc.).

1.5 By clicking on the “ Confirm order and pay ” button, the Customer will confirm and send the order, which will be considered as a purchase proposal from the Customer to CREO – Positano Glasses, and will make the payment. After the order has been sent and received by CREO – Positano Glasses, the Customer will receive an email confirming receipt of the order (“Order Confirmation”), following which CREO – Positano Glasses will verify the accuracy of the data transmitted, the payment of the price and the availability of the requested product.

1.6 Upon successful completion of the checks referred to in art. 1.5, CREO – Positano Glasses will send the Customer an order confirmation email which will constitute acceptance of the purchase proposal (“Payment Confirmation”). The sales contract will be deemed concluded when the Customer receives the Payment Confirmation communication.

1.7 CREO – Positano Glasses will make every reasonable effort to indicate the availability of the products on the Site. It may, however, happen that the requested product is not available at the moment (for example due to a sudden out of stock). Should such unavailability occur, CREO – Positano Glasses undertakes to inform the Customer as soon as possible and to refund the price paid for the unavailable product, including any shipping costs. Without prejudice to such refund, the Customer acknowledges and accepts that he/she will not be entitled to compensation or indemnity of any kind due to the unavailability of the product.

2. SALES PRICES AND PROMOTIONS

2.1 The price of the products on the Site is expressed in Euros and includes VAT, in the amount provided for by applicable legislation.

2.2 The selling price of the product will be the one present on the site at the time of receipt of the order by CREO – Positano Glasses, without prejudice to what is specified in art. 3.3. Any changes to the prices present on the Site will not apply to orders already completed and forwarded to CREO – Positano Glasses by clicking on the “ Confirm order and pay ” button. It is understood that the mere insertion of the product in the “cart” does not guarantee that there will be no price changes.

2.3 CREO – Positano Glasses reserves the right to verify the correctness of the product price upon receipt of the order. In fact, it may happen in exceptional cases that due to a mere technical error/mistake or other inconvenience the Site reports a price different from the normal sales price. In this case, CREO – Positano Glasses will contact the Customer to verify whether he is interested in purchasing the product at the correct price anyway, otherwise it will cancel the order.

2.4 CREO – Positano Glasses reserves the right to apply discounts and promotions, the conditions of which will be detailed on the Site. Discounts and promotions will be valid for a predetermined period of time and will apply only to orders already completed and forwarded to CREO – Positano Glasses by clicking on the “ Confirm order and pay ” button within the expiry date of the discount or promotion. It is understood that the mere insertion of the product in the “cart” does not guarantee the application of the discount or promotion beyond the indicated expiry date.

3. ACCOUNTING AND TAX DOCUMENTATION

3.1 CREO – Positano Glasses will issue the accounting and tax documentation connected to the purchase of the products on the Site on the basis of the data provided by the Customer when completing the form for each order or registering their personal account .

3.2 The Customer guarantees the accuracy and truthfulness of the data provided for the purposes of issuing accounting and tax documentation and assumes full responsibility for them.

4. PAYMENT METHODS

4.1 CREO – Positano Glasses offers the Customer the PayPal payment method: he/she will be automatically redirected to the PayPal site to make the payment in accordance with the terms and conditions agreed by the Customer with PayPal and PayPal procedures. The data entered on the PayPal site (as well as the payment instrument data linked to the Customer’s PayPal account) will be processed solely by the latter, under its exclusive responsibility and on the basis of its own privacy policy and will not be known or stored by CREO – Positano Glasses. PayPal will only send CREO – Positano Glasses the confirmation or refusal of payment. In the event that a refund is necessary in accordance with these General Conditions, CREO – Positano Glasses will issue a re-credit order to the Customer’s PayPal account. Once this order has been placed, CREO – Positano Glasses cannot be held liable for delays or omissions in re-crediting the amount to the Customer’s account or to the payment instrument linked to the Customer’s account, who must contact PayPal exclusively for any complaints.

5. DELIVERY

5.1 Home delivery by express courier (“Courier”).

5.2 In the event of a delay in delivery, CREO – Positano Glasses undertakes to notify the Customer who will have the right to terminate the contract, by sending a communication via the “Contacts” form on the site.

5.3 The Customer is responsible for checking that the delivered product is intact and does not have any external damage or tampering. If the product is not intact or has any external damage or tampering, the Customer is required not to accept delivery. Once delivery has been accepted, the Customer may not raise any objections regarding external defects visible at the time of delivery of the product.

6. LEGAL GUARANTEE OF CONFORMITY

6.1 If the Customer is a consumer, understood as a natural person acting for purposes other than entrepreneurial, commercial, artisanal or professional activity possibly provided pursuant to art. 3 co. 1 letter a) of Legislative Decree 206/2005 (“Consumer”), the same will benefit from the legal guarantee of conformity pursuant to art. 128 et seq. of Legislative Decree 206/2005.

6.2 Pursuant to the legislation cited in art. 7.1, CREO – Positano Glasses, as seller, is responsible towards the Consumer for any lack of conformity present at the time of delivery of the product and which becomes apparent within two (2) years of delivery itself or within the expiry date of the product, if shorter. The consumer loses the guarantee provided for in this art. 7 if he does not report the lack of conformity to the seller within two months of the date on which he discovered it.

6.3 A lack of conformity exists when the purchased product: (a) is not suitable for the use for which goods of the same type are normally used; (b) does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; (c) does not have the qualities and performances which are usual in goods of the same type and which the Consumer can reasonably expect, taking into account the nature of the goods and also the declarations made in advertising or on the labelling of those goods; (d) is not suitable for the particular use intended by the Consumer if brought to the attention of the seller at the time of purchase.

6.4 In the event of a lack of conformity, the Consumer has the right to have the product brought into conformity free of charge by repair or replacement pursuant to art. 130 paragraphs 3, 4, 5 and 6 of Legislative Decree 206/2005, or to an appropriate reduction in price or termination of the contract, in accordance with art. 130 paragraphs 7, 8 and 9 of Legislative Decree 206/2005.

6.5 For all customers, even if they are not consumers, the guarantee will apply for defects in the item sold that make it unsuitable for the use for which it is intended or appreciably reduce its value pursuant to articles 1490 and following of the Civil Code. In accordance with these provisions, the Customer is required to report any defects or faults in the product within eight (8) days of discovery, under penalty of forfeiture, and has the right, at his discretion, to terminate the contract or to reduce the price.

7. RIGHT OF WITHDRAWAL pursuant to articles 52 and following of Legislative Decree 206/2005

7.1 The Consumer has a period of fourteen (14) days, under penalty of forfeiture, starting from the day on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the Consumer for collection, acquires physical possession of the product to withdraw from the contract without having to provide any reason, pursuant to articles 52 and following of Legislative Decree 206/2005.

7.2 The Consumer may exercise the right of withdrawal by sending any explicit communication of the decision to withdraw from the contract using the "contacts" form on the site or to the e-mail address creo@positanoglasses.com .
The possibility for the Consumer to exercise the right of withdrawal by using the standard text in Annex I of Legislative Decree 206/2005 remains unchanged: “ I/we (*) hereby notify the withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*)

– Ordered on (*) / received on (*)

– Name of buyer(s)

– Address of the buyer(s)

– Signature of the buyer(s) (only if this form is notified on paper)

– Date”

(*) Delete as appropriate.

7.3 The communication must be sent within fourteen (14) days from the day on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the Consumer for collection, acquires physical possession of the product.

7.4 The product must be returned intact, including any accessories, in the original packaging, in the same conditions in which it was delivered, and must not present breakages or tampering other than those necessary to establish the nature, characteristics and functioning of the goods.

7.5 If the Consumer has made purchases that have given the right to receive other products for free and/or to purchase other products at a lower price than the price normally charged for their purchase on the Site, in the event of exercising the right of withdrawal, he/she will be required to return all the products purchased and/or received, without prejudice to the possibility of retaining them after charging and paying the full price normally charged for their purchase on the Site. If the Consumer wishes to return all the products purchased, all must comply with the conditions set out in art. 8.5. If, however, he/she wishes to proceed with a partial return, he/she must give adequate notice to CREO – Positano Glasses at the time of exercising the right of withdrawal.

7.6 The Consumer must return the product within fourteen (14) days from the communication of the intention to withdraw. The product may be returned in the following alternative ways: (a) free of charge, by delivery to the CREO – Positano Glasses store; (b) free of charge, by contacting us to arrange for our courier to collect the package.

7.7 CREO – Positano Glasses will refund the price paid by the Consumer, including any shipping costs, without delay and in any case within fourteen (30) days from the day on which it is informed of the intention to withdraw from the contract. CREO – Positano Glasses has the right to withhold the refund, where the Customer has opted for the return by delivery to any of the CREO – Positano Glasses stores, until it has received the product. The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed.

8. APPLICABLE LAW AND JURISDICTION

8.1 These General Conditions are subject to Italian law.

8.2 The European Commission, pursuant to Regulation (EU) 2013/524 of the European Parliament and of the Council of 21 May 2013 “ to resolve out of court disputes arising from online purchase contracts for goods and services (Online Dispute Regulation) ”, provides the Consumer with a platform for the resolution of online disputes accessible at the following link https://ec.europa.eu/consumers/odr/ . To this end, CREO – Positano Glasses declares that its e-mail address for the purposes of managing complaints on this platform is creo@positanoglasses.it .

8.3 If the Customer is a Consumer, for all disputes connected to the application of these General Conditions, jurisdiction will fall to the Court of the place of residence or domicile of the same, pursuant to art. 66 bis of Legislative Decree 206/2005.

8.4 All disputes concerning the application of these General Conditions where the Customer is not a Consumer will be under the jurisdiction of the Court of Bologna.

9. RESPONSIBILITY'

9.1 The Customer is responsible for any violation of these General Conditions and undertakes to indemnify and hold CREO – Positano Glasses harmless from any claim, including from third parties, for any reason whatsoever, however resulting from the violation of these General Conditions and/or the violation of laws or regulations or administrative provisions.

9.2 CREO – Positano Glasses declines all responsibility for any damage resulting from the inaccessibility of the Site, from interruptions in service, or from problems in any way connected to the network, to the providers, to the failed and/or defective functioning of the Customer's electronic equipment.

10. CHANGES AND VALIDITY OF THE GENERAL CONDITIONS

10.1 The General Conditions in force at the time the order is placed by the Customer will apply, unless changes to the General Conditions are imposed retroactively by current legislation; in which case they will also apply to orders placed previously.

10.2 CREO – Positano Glasses reserves the right to modify these General Conditions at any time. The modifications will be valid from the moment of their publication on the Site.

10.3 If any provision of the General Conditions is invalid, ineffective or inapplicable, such invalidity, ineffectiveness or inapplicability shall not affect the validity, effectiveness or applicability of the other provisions contained in the General Conditions.

11. MINORS

11.1 The Site is intended exclusively for adults. The Site also sells products intended for children that can only be purchased by adults.

12. CONTACTS AND COMPLAINTS

12.1 For any information regarding these General Conditions or, in general, the purchase of products on the Site (including payment methods and delivery methods) or to submit complaints, the Customer may:

• call +393393174554
• use the “Contacts” form on the site
• send an email to creo@positanoglasses.com
• send a communication to CREO – Positano Glasses di Crescenzo Parlato,, VAT number 05475940655, Positano, Via Chiesa Nuova 32 CAP 84017

13. PROCESSING OF PERSONAL DATA

13.1 CREO – Positano Glasses, as data controller, undertakes to process the personal data provided by the Customer in the context of the purchase of products on the Site in compliance with Regulation (EU) 2016/679, Legislative Decree 196/2003 and, in general, the applicable legislation on the protection of personal data.

INFORMATION ON THE RIGHT OF WITHDRAWAL (articles 52 and following of Legislative Decree 206/2005)

• What is the Right of Withdrawal?

The consumer has the right to withdraw from the contract pursuant to art. 52 of Legislative Decree 206/2005 (“Right of Withdrawal”), without indicating the reasons, within 14 days from the date of delivery of the product.

• Who is entitled to the right of withdrawal?

The Right of Withdrawal applies to the consumer, understood as a natural person acting for purposes other than entrepreneurial, commercial, artisanal or professional activity possibly carried out pursuant to art. 3 co. 1 letter a) of Legislative Decree 206/2005 (“Consumer”).

• Terms for exercising the Right of Withdrawal

To exercise the Right of Withdrawal, the Consumer has a period of fourteen (14) days starting from the day on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the Consumer for collection, acquires physical possession of the product.

• How to exercise the Right of Withdrawal

To exercise the right of withdrawal, the Consumer may send any explicit communication of the decision to withdraw from the contract to the email address creo@positanoglasses.com or by post to CREO – Positano Glasses di Crescenzo Parlato, Positano, Via Chiesa Nuova 32 CAP 84017 communicating the intention to withdraw from the contract. The possibility for the consumer to exercise the right of withdrawal using the text in Annex I Part B of the Consumer Code remains unchanged “ I/we (*) hereby notify the withdrawal from my/our (*) contract concluded for the purchase of the following goods/services (*)

– Ordered on (*) / received on (*)

– Name of buyer(s)

– Address of the buyer(s)

– Signature of the buyer(s) (only if this form is notified on paper)

– Date”

(*) Delete as appropriate.

The communication must be sent, under penalty of forfeiture, within fourteen (14) days from the day on which the Consumer or a third party, other than the courier responsible for delivering the product to the Consumer, but designated by the Consumer for collection, acquires physical possession of the product.

• Effects of withdrawal

As a result of exercising the right of withdrawal, the Consumer has the right to a refund of all payments made and the seller to the return of the product.

• Product Return

The product must be returned intact, including any accessories, in the original packaging, in the same condition in which it was delivered, with any warranty seals affixed by the manufacturer intact. The product cannot have breakages or tampering other than those necessary to establish the nature, characteristics and functioning of the same. If this is the case, the product cannot be returned and CREO – Positano Glasses will not proceed with the refund.

The right of withdrawal does not apply to products indicated in art. 59 of Legislative Decree 206/2005, including products made to measure or clearly personalized.

If the Consumer has made purchases that have given the right to receive other products for free and/or to purchase other products at a lower price than the price normally charged for their purchase on the Site, in the event of exercising the right of withdrawal, the Consumer will be required to return all the products purchased and/or received, without prejudice to the possibility of retaining them after charging and paying the full price normally charged for their purchase on the Site. If the Consumer wishes to return all the products purchased, all must comply with the conditions set out in this Section “Product Return”. If, however, the Consumer wishes to proceed with a partial return, he/she must give adequate notice to CREO – Positano Glasses at the time of exercising the right of withdrawal.

The Consumer must return the product (or products) within fourteen (14) days from the communication of the intention to withdraw. The return of the product (or products) may take place according to the following alternative methods:

(a). free of charge, by delivery to the CREO – Positano Glasses store

(b). free of charge, by calling +393393174554 to arrange for our courier to collect the package.

• Refund of payments

CREO – Positano Glasses will refund the price paid by the Consumer, including shipping costs, within fourteen (14) days from the day on which it is informed of the intention to withdraw from the contract.

CREO – Positano Glasses has the right to withhold the refund, where the Consumer has opted for the return by delivery to any of the CREO – Positano Glasses points of sale, until the product has been received.

The refund will be made using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed or the Consumer has paid by cash on delivery and without costs for the Consumer as a result of the refund.