1) IDENTIFYING INFORMATION
In compliance with the duty of information act referenced in Article 10 of Regulation 34/2002, from July 11, regarding Societal Information Services and Electronic Commerce, the following information is discussed below:
The legal person that owns the web domain www.greyglasses.com (hereinafter, the Website) is Marlunettes Solutions, S.L. (hereinafter Grey Glasses) with an address in Madrid, Calle Martín de Vargas, Number 40, Postcode: 28005, in Madrid, and the email is firstname.lastname@example.org.
2) CONTRACT OBJECTIVE
Grey Glasses, the entity responsible for the Website, has made the following document available to users and people browsing the Website (hereinafter the Users), with which it intends to comply with the obligations set forth in Regulation 34/2002, on Societal Information Services and Electronic Commerce (LSSI-CE), as well as informing all Users about the Website’s conditions of use.
Any person who accesses the Website and uses its services, or provides their data, assumes the role of the User, committing to the observance and strict compliance with the provisions contained herein, as well as any other legal provisions that may be applicable.
The purpose of this contract is to regulate the provision of services offered through the Website, and specifically, the sale of replacement prescription glasses and other non-prescriptions glasses (hereinafter, the Products). The following is the contractual document that will govern the provision of services and sale of Products through the Website. The acceptance of this document implies that, as the User:
- You have read, understand and agree with this document.
- You are a person with sufficient capacity to read, understand and sign a contract.
- You assume and accept all obligations set forth herein.
3) SALE OF PRODUCTS
- Product Availability
All orders are subject to Product availability. In the event that once the Shipping Confirmation is sent and Grey Glasses did not have access to the requested Product for whatever reason, they must contact the User as soon as possible communicating the situation. In this case, Grey Glasses may:
- Offer the User, without increasing the price, a product with similar characteristics and specifications to the one(s) initially requested, provided that these are in accordance with the User's needs and/or;
- Offer the User the option of cancelling the requested Order while offering a refund for the amount paid within fifteen (15) business days.
- Refusal to process an Order
Even though Grey Glasses will do everything possible to always process all Orders, there may be exceptional circumstances that require them to refuse an Order after having sent the Order Confirmation, and Grey Glasses reserves the right to do so at any time, at its discretion.
Grey Glasses reserves the right to withdraw any Product from the Website at any time, and to remove or modify any related material or content without being liable to the User or to any third party for removing said Product(s), regardless of whether said Product has been sold or not, nor for removing or modifying any material or content on the Website.
All the Products mentioned on the Website have a guarantee of two (2) years according to the criteria and conditions described in the Royal Legislative Decree, 1/2007, of November 16th, which approves the revised text of the General Regulation for Consumer and User Protection and other associated laws.
It will be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements expressed below:
- They conform to the description made by Grey Glasses and possess qualities of the Product that Grey Glasses has presented to the User in the form of a test sample or frame.
- They are suitable for typical use of Products of this category.
- They are suitable for use in a special circumstance which may be required by the User only after the User has informed Grey Glasses and provided that Grey Glasses has confirmed that the Product is suitable for such use.
- Provides the same level of quality and features offered by a similar product that the User was expecting, given the nature of the Product.
In the event that it is proven that the Product does not meet the specifications set forth, Grey Glasses will proceed, when appropriate, to repair, replace, reduce the price or terminate the contract at no cost to the User.
Grey Glasses is not responsible for any damage to the Products that may result from misuse of said Products, including actions by the User that do not conform to Product specifications, or damages caused by third parties that are not related to Grey Glasses.
Grey Glasses takes exceptional care when creating the presentation and description of the Products. However, photographs of the Products are presented in an illustrative manner. To find out the specific characteristics of each Product, you must check the corresponding description that accompanies each Product.
Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when processing the Order within approximately three to ten (2-12) business days between the date of purchase and delivery of the prescription product .If there was no prescription, the order would start counting from the same purchase.
Grey Glasses assumes no responsibility when the delivery of the Product does not occur as a result of false, inaccurate or incomplete data provided by the user, nor when the delivery can not be made for reasons out of the shipping company’s hands, such as the absence of the User or the retention of the Product in Customs.
Delivery times are approximate, although Grey Glasses will always try to fulfill them.
- Price and Payment of Products
The prices applicable to each Product are those published on the Website on the date on which the User carries out the Order. The prices indicated, with respect to each of the Products offered on the website include Value Added Tax (VAT) or the equivalent and will be understood as Euros (€). The prices applicable to each service will be those published on the Website or those offered in the form of discounts and promotions on the Website as well as banners, sales communications from the provider, etc. Although Grey Glasses tries to make sure that all prices listed on the Website are correct, errors may occur. In the event that Grey Glasses discovers an error in the price of any of the Products that a User has requested, the company will inform you as soon as possible and offer you the option to reconfirm the Order at the correct price or cancel it. If Grey Glasses fails to contact the User, the Order will be considered canceled and the User will be reimbursed in full for the amount they have paid.
Grey Glasses will not be obliged to supply the User with any Product at the incorrect lower price (even if the Confirmation of Delivery has been sent) if the error in the price is obvious and unambiguous and could have been reasonably recognised by the User as an incorrect price.
Prices may change at any time. However, the possible changes will not affect any Products for which Grey Glasses has already sent a Shipping Confirmation.
The User can make a payment via credit or debit cards, Visa, Mastercard, or through PayPal or bank transfer. To minimise the risk of unauthorised access, the User's credit card data will be encrypted. Whether the form of payment is made by credit or debit card or through PayPal, the charge will be made at the time that Grey Glasses sends the Order Confirmation to the User.
- Value Added Tax (VAT) or the equivalent
The applicable VAT, or the equivalent, rate will be that which is legally valid at that time depending on the specific product in question.
- Información sobre la compra de gafas graduadas
Grey Glasses distributes additional or replacement glasses, and does not perform prescription tests. When placing an order on our Website, you are confirming that you have, at some point, been provided with prescription glasses, by an optical specialist, and that this prescription has caused you no problems, with no exceptions. For your own health, if you are considering using prescription glasses for the first time, you should visit an ophthalmologist or optician who can first perform an eye exam. Once you have done this, we can advise you on additional or replacement glasses with the prescription provided.
In order for Grey Glasses to distribute eyeglasses to the client with the specifications that their vision specialist prescribed, the client must understand and accept the following conditions:
- Grey Glasses will send you your replacement glasses according to the information that the client has provided to Grey Glasses.
- Grey Glasses trusts that the information that the client provides when placing an Order is the correct one and complies with the prescription that an optical professional has prescribed, and also that at some point an adjustment of said prescription has been made, and has caused no problems to the User in question.
- The prescription provided by your optician-optometrist or ophthalmologist has been prescribed within the last twelve months.
- Grey Glasses reserves the right not to provide prescription glasses if they have any reason to believe that the specifications provided are not clinically correct.
- Grey Glasses will not be responsible if the client does not adapt to his prescription glasses with the specifications that the client has previously provided to Grey Glasses and which were prescribed by an optical specialist. However, the client can make use of their right to return their glasses, no questions asked, within 15 calendar days from receiving their prescription glasses.
4) PRODUCT RETURNS AND EXCHANGES
In accordance with the applicable regulations, in the event that the User is contracted as a consumer, he / she may withdraw from the contract (except in cases established by legislation) and return or freely change the Products delivered at any time within fifteen (15) calendar days from the date of delivery of the Products (herein referred to as the "Term of Withdrawal"). The Term of Withdrawal will not be valid for products that have been created according to the specifications made by the buyer or those which have clearly been personalised.
Once the relevant inspection of the returned Product has been carried out to the effect that the requirements established in section c) below are met and in the event that the User does not decide to make any changes, Grey Glasses will reimburse the User the amount of the Product, except in case of fraud or bad faith.
After the Term of Withdrawal, no changes or returns of Products will be accepted. Changes will only be accepted for Products that are defective in accordance with the provisions of section b) below.
- Return or replacement of defective Products.
In the event that the User considers the Product to not conform to the specifications established for said Product, they must contact Grey Glasses immediately via email at hola@Greyhounders.com providing details of the Product, as well as explaining the defect, and if they will be requesting a return or identical replacement Product.
The User may return the Products from the place where they were delivered to a courier that Grey Glasses will send, or return the Product by their own means. Once a relevant inspection of the returned Product has been carried out, Grey Glasses will send an email to the User informing them of the Product return or replacement (the "Return or Replacement Decision"). In this case, the return or replacement of the Product will be made as soon as possible and within fifteen (15) calendar days following the date of applying for the Return or Replacement Decision.
In the event of a return, Grey Glasses will reimburse the User the full price of the Product (minus shipping costs) assumed by the User within the following fifteen (15) calendar days.
- Common provisions relating to returns.
The User must meet the following requirements to claim their right of withdrawal, as well as be applicable for a return or replacement:
- To organise collection of the Product, the User must first contact Grey Glasses by sending an email to hola@Greyhounders.com;
- The User may confirm their right of withdrawal by any legal means and it will be considered sufficient by the accepted return of the Product;
- The Product must be returned under the same conditions as was received. Grey Glasses will not refund any amount if the Product has suffered any damage, so the User must be careful with the Product while it is in their possession;
- The refund will be made by the same means of payment that the User originally used to pay for the Product.
5) WEB USE
Grey Glasses provides access to a magnitude of information, services and data (hereinafter "the contents") on the Internet belonging to Grey Glasses to which the User can access. The User assumes responsibility for the use of the Website. This responsibility extends to the registration that is necessary to access certain services or contents. As part of this registration, the User will be responsible for providing truthful and lawful information. The User agrees to make appropriate use of the contents and services that Grey Glasses offers through their Website.
6) Website Conditions and Acceptance
These conditions regulate visits to the Website. A visit to the Website implies a full acceptance of each and every one of the Conditions. If you do not agree with the Conditions, you will not have the right to visit the Website. The customer service on the Website is also managed under these Conditions.
7) Website Access and Visitors
The provision of the Website service by Grey Glasses is free, and does not require any prior subscription or registration by the user.
The User agrees to use the Website, its contents and Grey Glasses’ services in accordance with the law and aforementioned Conditions, good practices and public order. The same conditions apply in that the User must not use the Website, its contents or Grey Glasses’ services for illicit purposes. Contrary to the content of these Conditions, harmful to the rights and interests of third parties, or in any way may damage, misuse, overload or deteriorate the website, its contents and / or Grey Glasses’ services, or prevent the normal use or enjoyment of the abovementioned for other Users.
The User must refrain from manipulating Grey Glasses identifying data that is offered on the Website.
The User must also refrain from manipulating any technical devices for the protection of content or information, and the general configuration of the Website.
8) WARRANTY AND LIABILITY LIMITATIONS
Grey Glasses does not control or guarantee the absence of viruses or other elements in the Website content that may produce disturbances in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. Grey Glasses is excluded from any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in its contents that may cause disturbances in the computer system, electronic documents or files of the Users of the Website.
9) COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The full contents of the Website and the Grey Glasses service scope are the exclusive and global property of Grey Glasses including and without restrictions, graphic design, logos, images, texts, trademarks and other distinctive signs, in any of the programming languages used or usable, as well as all the operating software and Website development. The reproduction, distribution, communication to the public, assignment and any other act or mode of exploitation that has not been expressly authorised by the owner of these rights is expressly forbidden.
All brands that appear on the Website are registered trademarks and property of Grey Glasses.
10) TECHNICAL LINK DEVICES
The Website often makes digital links available to the User (links, banners or buttons), as well as directories and search tools that allow users to access websites belonging to and / or managed by third parties. Grey Glasses does not offer or market by itself or through third parties the services available on these linked sites, nor does it control, carry out surveillance or approve the products, services, content, information, data, files, or any other kind of material which appears on those linked sites. (example: media sites).
Grey Glasses therefore declines any responsibility for information that is found outside the Website and not managed by Grey Glasses. The function of the links that appear is exclusively to inform the User about the existence of other sources of information on the subject online, where you can learn more about the information offered on the Website. These links do not offer a suggestion, invitation or recommendation to visit any travel destinations, and for that reason, Grey Glasses will not be responsible for the result obtained through such hyperlinks.
11) LEGISLATION AND JURISDICTION
These Conditions, as well as any relationship between you and Grey Glasses, will be governed by Spanish law.
Madrid, on January 1, 2020