VIPSUAL TERMS AND CONDITIONS

Identification of the holder and general information

VIPSUAL is a trade name of OPTICA CLARAVISIÓN S.L.U. These Terms and Conditions regulate access to and use of the website www.vipsual.com (hereinafter, the Website) owned by Ópticas ClaraVisión, S.L.U (hereinafter, VIPSUAL), with C.I.F. B 18537225 and registered office at Calle Recogidas 59, 18005, Granada, as well as the services and products offered by Vipsual on its website.
VIPSUAL offers this website subject to these Terms and Conditions. By visiting the Web site or using the services or applications of the Web site, the user accepts these Terms and Conditions.
Access to the Web site does not require the registration of Users. However, in order to contract any of the services offered by VIPSUAL, it will be required the registration of the User and the acceptance of these conditions before formalizing the payment.
Through the Web site, VIPSUAL offers to the Users sunglasses and prescription of the brand Vipsual as well as brands that we offer in our physical stores Vipsual.
The present Terms and Conditions of VIPSUAL described below, define the rights and obligations of VIPSUAL and the Users within the framework of the website. These are the only Terms and Conditions applicable to the use of the Web site (notwithstanding that for certain services there could be particular conditions) and to placing orders through the Web site.

2. User Data

In order to acquire the products offered through the Web Site it will be necessary for the User to register through the registration form available in the enabled area of the Web Site.
The User will be responsible for maintaining the confidentiality of the data and information provided and restricting access to your computer and access keys to prevent possible unauthorized use.
In the event that the User has reason to believe that their data have been brought to the knowledge of a third party, or if these have been used in an unauthorised manner, or are likely to be so, they must inform VIPSUAL of this situation immediately.
The User will have to verify that his data are correct and complete and inform VIPSUAL when there is some variation and/or modification in the information that he has facilitated in the process of purchase.

3. Orders and conditions of sale

The services and products offered through the VIPSUAL Web Site are intended for the purchase by the Users of sunglasses and prescription glasses of the VIPSUAL brand and brands that we offer in our physical optics.
In order to contract an order from VIPSUAL, the User must be over 18 years of age. Article 1263 of the Civil Code defines that neither unemancipated minors nor incapacitated persons may enter into a contract. If it is concluded, if the parents or guardians do not give their consent, it is null and void. This means that all those under the age of 18 who are not emancipated, and emancipation is understood to be the derivative of marriage or the concession of those who exercise parental authority or by court order, must have the consent of their parents or guardians to enter into a contract of purchase and sale online.
The seller, in this case, has no right to compensation for damages in the event that shipping and packaging costs have been incurred, for example, in the same way as if the minor had falsified his personal data in the register.

From the Website www.vipsual.com, VIPSUAL will send orders to any part of the world.
To place orders through the Website, the User must provide a series of data prior to purchase, through the purchase form, and which will be necessary to manage your purchase order.

4. Price, payment method and discount codes

Once the data of the form is completed, the User must proceed to the payment of the order through the means of payment specified on the Website.
After the payment is made, the User will receive an e-mail confirmation of the order, which will include a summary of the items purchased, the shipping method requested and the destination address.
If at the time of payment there is an incident that prevents payment, the user will receive an automatic payment error message and your order will not be processed until the payment process is completed successfully.
The prices of the services are expressed in Euros (€), including taxes and shipping and handling costs, the amount of which will be indicated at the time of final confirmation of each order.
All prices shown are final prices, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will at all times have detailed information on the price of the product. In the case of the Canary Islands, VAT will be excluded at the time of payment of the order.
VIPSUAL may periodically offer discount codes to its Users. These discounts can only be applied according to the instructions specified by VIPSUAL with respect to each code, and in any case the Users will only be able to use one code per order.
The use of discount codes will not be compatible with certain promotional actions and collections.

5. Information about VIPSUAL products and services

The data included on the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos as well as trade names, trademarks or distinctive signs of any kind, have a merely informative function. Therefore, VIPSUAL declines any responsibility for the appearance of errors in such information, although it undertakes to take all measures within its power to correct as soon as possible the aforementioned errors or omissions after having been informed of them.

6. Returns and right of withdrawal

6.1. Returns for manufacturing defects.
The User will be able to return to VIPSUAL, without any cost, any product that presents a manufacturing defect. Taking into account the nature of the products contracted, the User will have a period of one month from the moment of becoming aware of the lack of conformity of the product to communicate to VIPSUAL its lack of conformity with them. If this period is exceeded, any damages will be assumed by the User.
The return of products that have manufacturing defects in them, will not involve any additional cost to the user.
To formalize the return, the User must contact VIPSUAL within the granted period of one month, in the mail hello@vipsual.com, indicating the product or products subject to return, attaching a photograph and a detailed list of the defects appreciated in them.
Once VIPSUAL has received the User’s communication, it will inform the User within 3-5 working days whether or not to return the product. In case the return is appropriate, VIPSUAL will indicate to the User the form of collection or shipment to their offices / warehouses of the defective product.
The offices/stores to which the Users will be able to send the defective product are the following ones:
– VIPSUAL: Calle Manuel de Falla, 10. CP. 18005, Granada
Each product to be returned must be unused and with all its labels, packaging and -where appropriate-, documentation and original accessory items that came with it. If the User does not proceed in this way, VIPSUAL reserves the right to refuse the return.
Once received the product and verified the defects, VIPSUAL will give the possibility to the User to substitute the product by another one of identical characteristics, unless this option is objectively impossible or disproportionate for VIPSUAL.
In the event that for reasons of lack of stock could not proceed to send another product of identical characteristics, the User may choose to terminate the contract (ie, the return of the amounts paid) or request the sending of another model that the User voluntarily chooses.
The delivery of the product of identical characteristics or of the new model that the User chooses, according to correspondence, will take place in the next 3-5 working days starting from the date in which VIPSUAL confirmed to the User the replacement of the defective product or the shipment of the new model.
The substitution, the sending of a new model or the termination of the contract will not imply additional expenses for the User.

If the User terminates the contract, VIPSUAL will refund the entire amount paid to the User for the purchase of the defective product (including shipping costs).

VIPSUAL informs the Users that the term of the refund of the amounts paid will depend on the method of payment that the User would have used at the time of purchasing the product:

-If the User has made the payment by credit/debit card, VIPSUAL will refund the amount paid within 14 calendar days after the User decided to terminate the contract.

-If the User has made the payment through PayPal, VIPSUAL will refund the amount paid within 24-48 working hours after the User decided to terminate the contract.

6.2. Withdrawal.

In the event that the User is not satisfied with the products received in his order, the User, in accordance with the General Law for the Defense of Consumers and Users, will have a period of fourteen (14) calendar days to return the entire order or, if preferred, may return any of the products that make up the total order and all without penalty and without the need to indicate the reasons.

Nevertheless, the User will have to take charge of the direct cost of return to VIPSUAL, as much if it returns the order completely as if it decides to return only some of the products of the order.

To formalize the return, you must contact VIPSUAL at hello@vipsual.com Received this communication, VIPSUAL will indicate the way to send the order to their offices or warehouses.

The User will be able to send the product to the following offices/warehouses of VIPSUAL:

– VIPSUAL: Calle Manuel de Falla, 10. CP. 18005, Granada

VIPSUAL is not responsible for the courier company that the User contracts for the return of the order. In this sense, VIPSUAL recommends the User to require the courier company to provide proof of delivery once the courier has deposited the product in the offices / warehouses of VIPSUAL, so that the User is aware that the product has been delivered correctly to VIPSUAL.

The costs of returning the order (such as shipping costs through courier companies) will be borne directly by the user.

The product must be unused and with all its labels, packaging and -where appropriate-, documentation and original accessories that came with it. If the User does not proceed in this way or if the product has suffered any damage, the User accepts that the product may suffer a depreciation or that VIPSUAL may refuse the return.

Once VIPSUAL receives the order and verifies that it is in good condition, VIPSUAL will proceed to return the totality of the amounts paid by the User.

If the User decides to return the order completely, VIPSUAL will return to the User the totality of the amounts that he had paid (including the shipping costs).

If the User only wishes to return one or some of the products that were part of the order, VIPSUAL will not be able to return the shipping costs that the User has paid for the totality of the order.

VIPSUAL informs the Users that the term of the refund of the amounts paid will depend on the method of payment that the User would have used at the time of buying the product:

-If the User has made the payment by credit/debit card, VIPSUAL will refund the amount paid within 14 calendar days after the User decided to terminate the contract.

-If the User has made the payment through PAYPAL, VIPSUAL will refund the amount paid within 24-48 working hours since the User decided to terminate the contract.

In any case, VIPSUAL will return the amounts paid as soon as possible and, in any case, within 14 calendar days following the date on which the User has informed of its decision to withdraw from the contract.

Product Change Policy

VIPSUAL does not admit the change between a product bought by the User for another product that is offered in the Web Site.

In the event that the User wants to make the change in a product, must exercise its right of withdrawal on the same as set out in clause 6.2 and subsequently buy the new product you want.

8.- Use of the Web Site

Use of the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind is not permitted.
It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of intellectual property rights, trademarks, confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of “spam” and, in general, any unnecessary annoyance or inconvenience.
The User undertakes to make lawful, diligent, honest and correct use of any information or content accessed either through the Web Site or third party Websites accessed through links on the Web Site, and all under the principles of good faith and at all times respecting the law and these Terms and Conditions.
Likewise, the User undertakes not to maliciously or intentionally cause damage or harm that may undermine, alter the Website itself or introduce or spread computer viruses that may produce unauthorized alterations of the contents or systems making up the Website.
VIPSUAL reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or fail to comply with any of the conditions that appear in this document.

9. Intellectual or Industrial Property

The intellectual property rights of the page www.vipsual.com, its source code, design, navigation structures and the different elements contained in it are the property of VIPSUAL, who has the exclusive exercise of the rights of exploitation of the same in any form and especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish and European legislation applicable.
VIPSUAL informs that it does not grant any license or express or implicit authorization regarding the intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the contents included in the Website. It is totally prohibited the total or partial reproduction of the contents of the Web Site, not even by means of a hyperlink, without express written consent on the part of VIPSUAL. The unauthorized use of these contents will give rise to the legally established responsibilities.

10. Hyperlinks

Hyperlinks contained in the website may lead to third party websites. VIPSUAL does not assume any responsibility for the content, information or services that could appear in these sites, which will be understood to be offered exclusively for information purposes by VIPSUAL, and which in no case imply any relationship, acceptance or support between VIPSUAL and the persons or entities that own such content or the owners of the sites where they are located.

11. Partial nullity

In the event that any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall remain in full force and effect and shall be construed in accordance with the spirit of these Terms and Conditions.

12. Modifications

The information appearing on this Web Site is current as of the date of the last update. VIPSUAL reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. Modifications to the Terms and Conditions shall take effect from the time of their publication on this Web Site.

13. Personalization of campaigns

The User may be the subject of a random advertising campaign, so the shipping terms applicable to each order may vary randomly. The User’s personal data will not be taken into account as a variable when determining the particular conditions of each order.

14. Notifications

All communications between VIPSUAL and the User regarding the contracting of orders through the Website, will be made in writing and in accordance with the communication procedures set forth in these Terms and Conditions for each particular case.

15. Language

VIPSUAL may translate these Terms and Conditions, its Privacy Policy, or any other operational rule, policy or procedure that may be published on the Website. The Spanish version will prevail in case of conflict.
16. Applicable Legislation and Jurisdiction

These Terms and Conditions are subject to Spanish law. The parties, in accordance with Law 34/2002 on Information Society Services and Electronic Commerce and Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit themselves to the Courts and Tribunals of the User’s place of residence.
Likewise, by virtue of the provisions of Regulation (EU) nº 524/2013 of the European Parliament and of the Council, of 21 May 2013, relative to the resolution of on-line disputes in matters of consumption, VIPSUAL informs you that, in case of controversy, the User resident in the European Union may resort to the “Online Platform for Conflict Resolution” developed by the European Commission, in order to try to resolve out of court any controversy arising from the provision of services by VIPSUAL.
To access the “Online Platform for Conflict Resolution” you can do so through the following link: http://ec.europa.eu/consumers/odr/
In any case, VIPSUAL states to the User that it has a Claim Form through which you can formulate any complaint or claim in relation to the services provided by VIPSUAL.