TERMS OF SERVICE
Article 1 – Definitions and Interpretation
In these general terms and conditions, the following terms are defined as follows:
Entrepreneur: the legal entity offering products to consumers via online sales channels.
Consumer: the natural person not acting in the course of a profession or business who enters into a distance agreement with the entrepreneur.
Agreement: any agreement concluded between the entrepreneur and the consumer via an organized system for distance selling.
Distance agreement: an agreement concluded within the framework of an organized system for distance selling, using exclusively one or more means of distance communication.
Product: any movable item offered by the entrepreneur through its digital sales channels.
Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
Right of withdrawal: the consumer’s right to terminate the agreement within the cooling-off period without giving any reason.
Duration contract: an agreement concerning the regular delivery of products over a certain or indefinite period.
Durable medium: any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction.
International delivery: a delivery where the product is located outside the consumer’s country of destination at the time of conclusion of the agreement.
Delivery condition DAP: the “Delivered At Place” condition under Incoterms® 2020, where the seller is responsible for transport to the agreed delivery address, while import formalities and import duties are the responsibility of the recipient.
These definitions apply equally in singular and plural form.
If any provision of these terms is found to be invalid or voidable, the remaining provisions shall remain fully in force.
Deviations from these terms are only valid if agreed in writing.
Entrepreneur details
Trade name: Azurro Eyewear
Website: www.azurro-eyewear.com
Email: info@azurro-eyewear.com
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded between entrepreneur and consumer.
Before concluding the agreement, the text of these terms is made available in such a way that it can be stored on a durable medium.
By placing an order, the consumer explicitly confirms having read and accepted these terms.
Any general terms and conditions of the consumer are expressly rejected.
Article 3 – The Offer
The offer contains a clear and complete description of the products offered.
Obvious errors or mistakes in the offer are not binding.
Images, colors, specifications, and dimensions may slightly differ from the actual product, provided that essential characteristics remain unchanged.
The offer includes at least:
- product price
- any additional costs
- payment methods
- delivery conditions
- information on the right of withdrawal
- expected delivery time
If international delivery applies, this will be clearly indicated.
Article 4 – Formation of the Agreement
The agreement is concluded when the consumer accepts the offer and payment is successfully completed.
The entrepreneur confirms receipt of the order electronically.
The entrepreneur reserves the right to refuse orders on reasonable grounds, including suspected fraud or incorrect information.
Appropriate technical and organizational security measures are applied for electronic transactions.
Article 5 – Prices and Payment Terms
All prices are stated in euros unless otherwise indicated.
The price stated at the time of ordering applies.
Price changes do not affect already concluded agreements.
For international deliveries, import duties, VAT, and customs charges may apply in the destination country.
These charges are not included in the product price or shipping costs and are fully borne by the consumer.
Payment must be made using the available payment methods.
Article 6 – International Delivery and Transport Structure
The entrepreneur operates as an international seller and may use external suppliers and logistics partners.
Products may be shipped from locations outside the consumer’s country.
Delivery is made under DAP (Delivered At Place) Incoterms® 2020 unless otherwise agreed.
The entrepreneur is responsible for arranging transport to the delivery address provided.
Delivery is completed when the product is physically delivered at the agreed address.
Risk of loss or damage transfers upon delivery.
Article 7 – Delivery Times, Execution and Risk Transfer
The entrepreneur will execute orders with due care, taking into account international logistics.
Delivery takes place at the address provided by the consumer.
Delivery times are indicative and depend on:
- international transport conditions
- customs processing
- logistics partners
- holidays and government measures
- unforeseen disruptions
Delays do not entitle the consumer to compensation or cancellation unless legally unreasonable and not caused by force majeure.
Risk transfers upon delivery.
If delivery fails due to incorrect address or absence, additional costs may apply.
Article 8 – Import Duties and Taxes
For international deliveries, import duties and taxes are not included.
These charges are determined by local authorities and are fully the responsibility of the consumer.
Azurro Eyewear does not act as importer or fiscal representative.
Failure to pay import charges may result in return or destruction of the shipment at the consumer’s expense.
Delays due to customs are outside the entrepreneur’s control.
Article 9 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within 14 days of receiving the product without giving any reason.
The withdrawal period starts the day after receipt of the product.
The consumer must handle the product with care during this period.
The consumer is only liable for diminished value resulting from use beyond what is necessary to establish the nature and functioning of the product.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within the period.
The product must be returned within 14 days after withdrawal.
Return costs are borne by the consumer.
Refunds are issued within 14 days after receipt of the returned product.
Import duties paid upon delivery are not refundable.
Article 10 – Exclusion of Right of Withdrawal
The right of withdrawal is excluded for:
- custom-made products
- personalized items
- sealed products not suitable for return for hygiene reasons once unsealed
- products that deteriorate quickly
- goods with broken seals for hygiene reasons
Where applicable, exclusion is clearly stated in the offer.
Article 11 – Conformity and Warranty
The entrepreneur guarantees that products comply with the agreement and reasonable expectations.
Defects must be reported within a reasonable time after discovery.
The consumer is entitled to free repair or replacement unless impossible or disproportionate.
If repair or replacement is not possible, price reduction or termination applies.
Legal consumer rights remain unaffected.
Article 12 – Duration Agreements and Termination
Indefinite agreements may be terminated at any time with up to one month notice.
Fixed-term agreements cannot be tacitly renewed unless legally permitted.
Agreements longer than one year may be terminated after one year with one month notice.
Termination may be made using the same communication method used for the agreement.
Article 13 – Liability
Liability is limited to direct damages caused by attributable failure.
Direct damages include:
- reasonable costs to determine cause and extent of damage
- reasonable costs to prevent or limit damage
- reasonable costs for repair
The entrepreneur is not liable for indirect damages, including loss of profit or consequential damages.
Liability is limited to the purchase price unless otherwise required by law.
This limitation does not apply in cases of intent or gross negligence.
Article 14 – Force Majeure
The entrepreneur is not obliged to fulfil any obligation if prevented by force majeure.
Force majeure includes, but is not limited to:
- transport disruptions
- customs interventions
- government measures
- pandemics
- natural disasters
- strikes
- supply chain disruptions
In case of force majeure, the entrepreneur may suspend or terminate the agreement without liability.
