The company
Ottica Azzurro Srl
Via Vittorio Emanuele 38
Capri 80073 (NA)
VAT number 06310531212
The website is accessible at https://www.otticazzurrocapri.com. By visiting our website otticazzurrocapri.com and placing an online order on otticazzurrocapri.com, you expressly acknowledge that you have understood and accepted, agree to abide by, and are legally bound by the Terms of Service and the General Conditions of Sale set forth in this document (hereinafter referred to as "General Conditions").
If you do not accept these terms, please refrain from using the site and its online sales services.
Online orders placed through this site are subject exclusively to the General Conditions of Sale set forth below in this document, in the version valid at the time of placing the order, for all geographical areas from which orders can be placed and to which shipping services are active. Any other conditions, proposed by the customer at the time of order, are not considered valid, unless expressly agreed upon in writing by Ottica Azzurro srl.
You can request further information on our General Conditions by contacting Customer Service through our support services.
1. Use of the site
The General Conditions of the site govern the submission of purchase proposals for products available on otticazzurrocapri.it exclusively by the "consumer" (hereinafter also: "user") and the acceptance of the same by Ottica Azzurro srl.
The site offers its services exclusively to the "consumer" who has reached the age of majority, for their normal consumption needs, meaning any natural person acting for purposes unrelated to their commercial, entrepreneurial or professional activity.
If you are not a "consumer", please refrain from concluding commercial transactions on otticazzurrocapri.com.
Ottica Azzurro srl reserves the right to inform the user of the non-acceptance of order proposals from subjects other than the "consumer", or in any case order proposals for which a report or suspicion of fraudulent or illegal activity is identified.
Ottica Azzurro S.r.l. services allow the user to search the site, view product pages, and submit purchase proposals for products, choosing from an extensive electronic catalog. The site can also provide secondary services, at the user's suggestion, such as organizing the delivery of one or more products to one of our partner stores, to fulfill a "try in store" request from the user.
2. Online orders
The language available for concluding the contract on our website otticazzurrocapri.com is Italian.
The mere presentation of products on the site does not constitute a public offer, but an invitation addressed to the consumer to formulate a purchase offer for one or more products.
By selecting one or more products on the site, adding the products to the cart and proceeding with the checkout, the user electronically formalizes a purchase order proposal to Ottica Azzurro S.r.l.
Pursuant to Legislative Decree no. 70 of 9 April 2003, the site provides the user, before the transmission of an order proposal, with:
a summary of the commercial and contractual conditions that will apply to the purchase order proposal;
the essential characteristics of each ordered product and its relative price, including all applicable taxes;
the payment methods that can be selected;
the methods and costs of delivery of the purchased products;
the references, geographical address and contact methods of Ottica Azzurro S.r.l.
Information regarding the conditions and procedures for exercising the right of withdrawal and the cost to be incurred for returning the products (where applicable) is always available to the user. The transmission of the order proposal to Ottica Azzurro S.r.l. constitutes a binding purchase proposal for the user.
Once the order proposal has been transmitted, you will receive an automatic e-mail from Ottica Azzurro S.r.l., which does not constitute acceptance of your order proposal but serves as a confirmation of receipt and a summary thereof.
The contract is concluded at the same time as the goods are shipped, when your order proposal is accepted by e-mail confirmation from Ottica Azzurro S.r.l.. This e-mail will contain links to the General Conditions. Only the products listed in the shipping confirmation e-mail will be included in the contract existing between the user and Ottica Azzurro S.r.l..
Order proposals are archived in our data platform for the period of time necessary to process the order proposals and, in any case, in compliance with legal terms. You can access your order proposals by visiting the "My Account" section online.
Ottica Azzurro S.r.l. may, without prior notice, not accept your order proposals, for example: if there are no guarantees of solvency; or if they are incomplete or incorrect; or due to unforeseen unavailability of products. In case of non-acceptance, we will inform you by e-mail that the contract is not concluded, specifying the reason for non-acceptance.
If the products presented on otticazzurrocapri.com are no longer available or for sale at the time of receipt or processing of your order proposal, we will promptly notify you (in any case, within thirty (30) days from the day following the transmission of your order proposal) of any unavailability of the products. Ottica Azzurro S.r.l. does not assume the burden of having to search for and obtain unavailable products from other sources. In the event that a payment transaction has already occurred, Ottica Azzurro S.r.l. will refund, without delay, what you have already advanced for the unavailable products, and the sales contract will thus be considered resolved.
By submitting the order proposal, you confirm that you accept without reservation and undertake to observe, in your relations with Ottica Azzurro S.r.l., these General Conditions and the additional information contained in otticazzurro.com, such as our Privacy Policy and the Information on the Right of Withdrawal. If you do not agree with some of the points in the General Conditions, please do not forward your order proposal for the purchase of products on otticazzurrocapri.com.
3. Product presentation and prices
The product detail sheet presents the essential characteristics of the items for sale on the site. It is important to note that the images and colors of the products may not correspond to the actual ones, as a result of the Internet browser and the monitor used by the user at the time of viewing. Slight variations (shapes, colors, etc.) between what is presented in the images and reality do not constitute a defect of conformity. Ottica Azzurro S.r.l. will correct, as quickly as possible, any reported errors in the description or presentation of the products published in its online showcases. We invite you to send reports to info@otticazzurrocapri.com
Product availability: Ottica Azzurro S.r.l. undertakes to constantly update the availability of products on the site. However, it may happen that the requested product is "currently unavailable", due to unforeseen causes not dependent on the operations of Ottica Azzurro S.r.l.. In these cases, Ottica Azzurro S.r.l. operates in compliance with what is stated in point 2 of these General Conditions, for "unforeseen unavailability of products".
The price of the products on the site is expressed in Euro (€) and includes VAT, as provided by current legislation. Product prices may be subject to updates. The mere act of adding a product to the "cart" does not fix the final selling price and does not guarantee that there will be no price changes. Any changes to the prices on the site will not apply to orders already placed for which the user has already received the purchase proposal confirmation email.
Before submitting an order proposal, the user is invited to check the final selling price. In the event that a recognizable error is found in the indication, by the system or by Ottica Azzurro S.r.l., of the price of a product, or in the calculation of the amount requested at the time of payment, Ottica Azzurro S.r.l. reserves the unconditional right not to accept the order proposal and will contact the user, in order to offer the opportunity to re-submit the purchase proposal for the product, or products, at the corrected price.
Periodically, Ottica Azzurro S.r.l. may offer discounts and promotions on the purchase of specific products. The conditions of these offers or promotions will be described in detail on the website and will be valid for the period indicated each time. Discounts will only apply to order proposals formalized by the user and accepted by Ottica Azzurro S.r.l.. The mere act of adding a product to the "cart" does not guarantee the application of a particular discount or promotion beyond the indicated expiration date.
4. Payment methods
When finalizing your order proposal, you can choose a payment method that suits your needs, among those offered during checkout:
Credit Card (Visa, MasterCard), via PayPal gateway
PayPal, for registered users with a PayPal ID
PayPal Express Checkout, for PayPal users, even without registration on otticazzurrocapri.com
The express checkout service is provided by PayPal and allows the user to pay more quickly and easily, without having to enter their data into Ottica Azzurro S.r.l.. PayPal Checkout is integrated into the product page of Ottica Azzurro S.r.l. and requires PayPal to transmit your contact details and shipping data to Ottica Azzurro S.r.l.. If you do not accept this method, please do not use PayPal Checkout.
In the case of payment by Credit Card, the information you provide, such as the Credit Card number, expiry date, Credit Card holder, etc., will under no circumstances be stored or processed directly by Ottica Azzurro S.r.l.. Furthermore, this information will not be used by Ottica Azzurro S.r.l. except to manage your purchase or, if applicable, following the exercise of your right of withdrawal, to issue the related refunds in case of product returns; or if it becomes necessary to prevent or report to the police violations or fraud carried out by third parties on the website otticazzurrocapri.com.
The total amount displayed when submitting the order proposal, including any shipping costs, will be debited from your PayPal account or Credit Card at the time of the transaction for purchased products.
5. Shipping and delivery
otticaazzurrocapri.com relies on express couriers such as DHL, SDA. When the order is fulfilled from our warehouse and the courier takes charge of your delivery, it usually takes 24 hours (working days) or at most 72 hours for Italian destinations (maximum 4 days for Calabria, Sicily, Sardinia). Product deliveries will take place on working days. It is possible to track the progress of the package via the email you receive from the Bartolini courier from the moment the shipment is taken over. We would like to point out that NO COURIER MAKES preventive phone calls and does not manage shipments that require specific times. Product deliveries will take place on working days from 9.00 a.m. to 6.00 p.m. From the moment you receive the email from SDA or DHL, thanks to the new service, you will have an indication of the average time your package will be delivered within an average "time window" of 4 hours. (It should be noted that this indication may exceed the stated times due to problems related to previous deliveries or particular weather conditions).
Missed delivery communication with SDA/DHL: the courier may leave a slip in the mailbox or near the intercom indicating their passage and the missed delivery of the package. We recommend contacting the branch indicated on the slip directly to arrange the subsequent delivery.
Shipments that are returned to us due to exceeding the storage period will be subject to payment by the customer for the re-shipment of the goods.
The recipient of the package is invited to check and ascertain its integrity immediately upon collection and in front of the courier who was entrusted with the delivery. No courier will allow checking the contents of the package before signing for delivery. In the event that you do not personally collect the package, please inform the person who will collect it.
6. Right of withdrawal
In accordance with Art. 52 of Legislative Decree 206/2005 (Consumer Code), you have the right to withdraw from the contract concluded with Ottica Azzurro S.r.l., without providing any reason, within 14 days from the day you received the purchased product or products.
The right of withdrawal is excluded (Art. 59 of Legislative Decree 206/2005) if you have purchased custom-made or clearly personalized products; products that are likely to deteriorate or expire rapidly; sealed products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
The period during which to exercise the right of withdrawal expires after 14 days from the day on which you or a person designated by you, other than the delivery carrier, takes physical possession of the ordered product. In the case of a contract relating to multiple products ordered by you in the same order, but delivered separately, the 14-day period starts from the day on which you take physical possession of the last delivered item. In the case of a contract relating to multiple products, you may proceed with a partial return, providing adequate notice to Ottica Azzurro S.r.l., at the time of exercising the right of withdrawal.
You may withdraw from the contract concluded with Ottica Azzurro S.r.l. by giving written notice via e-mail to info@otticazzurrocapri.com.
Ottica Azzurro S.r.l. will send you confirmation via e-mail of the successful receipt of the request to exercise the right of withdrawal, accepting the return or, if not, informing you of the reasons for non-acceptance.
In case of acceptance, you must return the products to Ottica Azzurro S.r.l., entrusting them to an express courier (shipping with package tracking possibility), within 14 days from the date of receipt of the confirmation email.
Products must be returned in the same condition in which they were delivered, i.e.:
they must be returned in their original packaging, complete with all accessories, instructions for use and documentation included in the packaging. In case of loss of the original packaging, you must, at your own care and expense, replace it;
they must not have been used or worn and must not show obvious signs of use, other than those compatible with a normal trial of the item, or in any case signs that reveal use exceeding the time necessary for a simple trial. They must not be in such a state as to prevent them from being resold;
they must not show breakages or tampering, must not have been ruined or damaged, must not appear washed or cleaned;
The colored single-use guarantee seal applied by us on the bridge of the glasses, which is an integral part of the goods, must not be removed for any reason in order to proceed with any return.
NB: The seal is specially designed to be applied to all materials of all frames, so they are 100% scratch-proof
If the returned product does not comply with the description above, or if the exception to the right of withdrawal applies, the withdrawal will not be effective.
The possibility of returning products does not in any way limit the legal guarantee due to the customer without any reservation. The possibility of returning products does not apply to orders placed using a gift card.
7. Acceptance of returns and refunds
Ottica Azzurro S.r.l. assumes no responsibility if products are returned in error or if other items not pertaining to the contract are forgotten in the packages or inside the returned products.
Once a return is received, Ottica Azzurro S.r.l. staff verifies and ascertains that the returned products comply with the conditions and terms indicated in the previous paragraph.
If the right of withdrawal is exercised in accordance with the procedures and terms indicated, Ottica Azzurro S.r.l. will notify you by e-mail of the acceptance of the returned products and will refund, without undue delay and in any case within 14 days from confirmation, the amounts due, directly to the account or payment instrument (e.g. Paypal or Credit Card) used at the time of purchase. In the case of payments made by bank transfer, the refund will be made to the account used for payment. The refund will be made, in any case, to the person who made the payment.
In the event that the terms are not met, due to delay in exercising the right of withdrawal or obvious damage to the returned product, you will not be entitled to a refund of the amounts already paid to Ottica Azzurro S.r.l..
In accordance with Art. 57, paragraph 2, of the Consumer Code, you are responsible for the decrease in value of the products subject to withdrawal, resulting from use other than that necessary to establish the nature, characteristics, and functioning. In the event that non-compliance with the integrity terms referred to in the previous paragraph is ascertained, resulting in a decrease in value of the returned products, you will not be entitled to a full refund of the amounts already paid. A percentage equal to the estimated decrease in value of the products (from 10% to 90%) of the amounts paid by you will be deducted, as will be communicated to you by e-mail by Ottica Azzurro S.r.l..
In both cases described above, you will receive notification by e-mail of the non-acceptance of your return and you may choose, within 14 days, whether to retrieve the products in the state in which they were returned to Ottica Azzurro S.r.l. (at your expense and according to the methods that will be communicated to you) or whether Ottica Azzurro S.r.l. may retain the products, in addition to the amounts already paid for their purchase.
8.
If you are a consumer, meaning a natural person acting for purposes unrelated to any professional, entrepreneurial, commercial or artisanal activity, you benefit from the legal warranty for defects and non-conformities of products, concerning consumer goods.
Ottica Azzurro S.r.l. is liable to you for any lack of conformity present at the time of product delivery and which manifests itself within two (2) years from delivery, or within the product's expiry date, if less than two years. The provided warranty expires if the lack of conformity is not reported within two (2) months from the date it was discovered.
The lack of conformity must be communicated to Ottica Azzurro S.r.l. by contacting Customer Service within the terms indicated above. In case of finding a lack of conformity, you have the right to request the repair or replacement of the product. Should these remedies not be possible or be excessively burdensome, you will be entitled to a reduction in the price paid, or an adequate reduction in price, or termination of the contract (Art. 130 paragraphs 7, 8 and 9 of Legislative Decree 206/2005).
If you are not a consumer, pursuant to articles 1490 et seq. of the Civil Code, the warranty for defects of the sold item that render it unfit for its intended use or significantly diminish its value applies. Pursuant to these provisions, you are required to report any defects or flaws of the product within eight (8) days of discovery, under penalty of forfeiture, and have the right to choose between termination of the contract or a price reduction.
9. Applicable law and dispute resolution
The General Conditions of Ottica Azzurro S.r.l. are governed by Italian law, without prejudice to the application of mandatory European consumer protection regulations.
Should a dispute arise with Ottica Azzurro S.r.l., we remind you that you can use RisolviOnline, an independent institutional conciliation service, provided by the Arbitration Chamber of the Milan Chamber of Commerce (for more information on the RisolviOnline regulations, you can access RisolviOnline.com).
We remind you that the European Commission provides a platform for dispute resolution (EU Regulation 2013/524), accessible online at the following address: https://ec.europa.eu/consumers/odr/. Our email address for handling complaints on this platform is info@otticazzurrocapri.com
Pursuant to art. 66 bis of Legislative Decree 206/2005, if you are a Consumer, for all disputes related to the application of these General Conditions, territorial jurisdiction lies with the Court of your place of residence or domicile.
If you are not a Consumer, all disputes relating to the application of these General Conditions are subject to the jurisdiction of the Court of Bologna.
10. Operating Guarantees
Access to the website and online sales services of otticazzurrocapri.com is provided "as is," without any express or implied warranty for its accuracy or availability. Ottica Azzurro S.r.l. cannot guarantee continuous operation, without interruptions and free from errors or malfunctions due to the availability of Internet access in various areas. The nature of Internet services may not allow otticazzurrocapri.com to be reachable and operate without suspensions, interruptions or discontinuities, also due to website and server updates. As far as possible, Ottica Azzurro S.r.l. will notify of any known interruptions.
The use of the service is at the user's choice and risk: Ottica Azzurro S.r.l. disclaims all responsibility for damages resulting from any inaccessibility to the services offered by the website or for any damages caused by viruses, corrupted files, errors, omissions, deletion of content, problems related to the network, providers or telephone and/or telecommunication connections, unauthorized access, data alterations, and the failure and/or faulty operation of the user's electronic equipment.
Ottica Azzurro S.r.l. has adopted organizational measures to offer accurate content, as of the publication date on otticazzurrocapri.com and for subsequent updates, that do not contain incorrect or outdated information. However, it assumes no responsibility towards users regarding the accuracy and completeness of data and content, except for its liability for wilful misconduct and gross negligence and unless otherwise provided by law.
11. Liability
Access to the otticazzurrocapri.com website and the submission of order proposals, browsing the website's web pages and communicating with Ottica Azzurro S.r.l., constitute activities that you conduct exclusively for personal use, not related to commercial, entrepreneurial and professional activities. Ottica Azzurro S.r.l. cannot be held responsible for any use of the website that does not comply with current laws, except for liability for wilful misconduct and gross negligence.
You are solely responsible for the safekeeping and proper use of your personal information, including website access credentials. Ottica Azzurro S.r.l. disclaims all responsibility for any false communication of information and data by you, for the entry of incorrect data, or data relating to third parties, without their explicit consent.
12. Intellectual Property
As a user, you are authorized to view the website and its content only for legitimate use of otticazzurrocapri.com. The editorial content on the website, trademarks, product images, and all other material published on the website are protected by intellectual property rights, whether created by Ottica Azzurro S.r.l. or by other rights holders. Reproduction, in any way or form, or reuse of the website's content is prohibited without the express written consent of Ottica Azzurro S.r.l..
Ottica Azzurro S.r.l. is the exclusive owner of the logos and registered trademarks "Ottica Azzurro S.r.l." and "otticazzurrocapri.com" and any other distinctive sign that includes the words "Ottica Azzurro S.r.l.", including the domain name "otticazzurrocapri.com". All other logos and distinctive signs of products sold on the otticazzurrocapri.com website or present in the editorial articles published on the website in any form and section, are registered trademarks of their respective owners and are present on the website to distinguish and advertise the products.
Please note that unauthorized use of such trademarks is prohibited and may lead to legal consequences.
13. Privacy Policy
Please read our Privacy Policy carefully, which applies both when the user accesses otticazzurrocapri.com, browses the site and uses its services, even without completing product purchases, and in the case of submitting order proposals and related acceptance. The Privacy Policy is a document that helps you understand how Ottica Azzurro S.r.l. collects, processes, and uses your personal data and what the purposes of the processing are.
14. Updates and Customer Service
Ottica Azzurro S.r.l. reserves the right to update its General Conditions of Sale and the Terms of Use of the site and service. Changes to the General Conditions will be effective as soon as they are published in this section. It is therefore advisable to periodically view our General Conditions to consult the most recent and updated version.