Terms and Conditions

1. IDENTIFICATION DATA

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, then reflect the following data:

The company owner of the web domain CristalesGafas.com.

2. PURPOSE OF THE CONTRACT

CRISTALESGAFAS.COM, puts at the disposal of the users the present document, with which it tries to give fulfillment to the obligations arranged in the Law 34/2002, of Services of the Society of the Information and of the Electronic Trade (LSSI-CE), as well as to inform all the users of the web site, with regard to which are the conditions of use of the site.

Any person who accesses this website and uses its services, or provides their data, assumes the role of user, committing themselves to the observance and strict compliance with the provisions contained herein, as well as any other legal provision that may be applicable.

The purpose of this contract is to regulate the provision of the services offered through this website, and specifically, the sale of prescription glasses and sunglasses and frames. The following is the contractual document that shall govern the provision of our services and sale of products through the website WWW.CRISTALESGAFAS.COM owned by CRISTALESGAFAS.COM (hereinafter CRISTALESGAFAS.COM). Acceptance of this document implies that the user:

• You have read, understand and comprehend the above.
• That he/she is a person with sufficient capacity to contract.
• That he/she assumes and accepts all the obligations set forth herein.

The present conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the CRISTALESGAFAS.COMral site, until the publication of a new version.

3. PRODUCT PURCHASE

a. How to buy Products

To place orders for Products, the User must follow the purchase procedure established on the Website, read and accept these Conditions of Use and select “Place the order”. CRISTALESGAFAS.COM will then send an e-mail to the User confirming that the Order has been accepted (the “Order Confirmation”). The contract between the User and CRISTALESGAFAS.COM shall be finally formalised once CRISTALESGAFAS.COM sends the User the Order Confirmation. Only those Products indicated in the Order shall be the object of the contract.

b. Product Availability

All Orders are subject to availability of the Products. In the event that, once the Dispatch Confirmation has been sent, CRISTALESGAFAS.COM is unable to have the Product ordered for any reason, it shall contact the User as soon as possible informing him/her of this circumstance. In such a case, CRISTALESGAFAS.COM may:

I. offer the User, without any increase in price, a product with similar characteristics and specifications to the one initially requested, provided that these are in accordance with the User’s needs; and/or

II. offer the User to cancel the requested Order by refunding the amount paid for it, within a period of (14) calendar days.

c. Refusal to process an Order

Although CRISTALESGAFAS.COM will do its best to always process all Orders, there may be exceptional circumstances that require it to refuse to process an Order after having sent the Order Confirmation, so CRISTALESGAFAS.COM reserves the right to do so at any time, at its sole discretion.

If the product sent by the customer does not meet the quality standards, it may be rejected. The customer will have to bear the costs of collecting the item.

CRISTALESGAFAS.COM reserves the right to remove any Product from the Web Site at any time and to remove or modify any material or content thereof, and shall not be liable to the User or to any third party for the removal of any Product from the Web Site, regardless of whether said Product has been sold or not, or for removing or modifying any material or content of the Web Site.

d. Product Warranty

All the Products contained in the Web Site are original CRISTALESGAFAS.COM products. All of them have a two (2) year guarantee in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

It shall be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements expressed below:

• • I. Conform to the description provided by CRISTALESGAFAS.COM and possess the qualities of the Product that CRISTALESGAFAS.COM has presented to the User in the form of a sample or model.
  • II. are fit for the uses to which Products of the same type are normally put.
  • III. Are suitable for any special use required by the User when he has informed CRISTALESGAFAS.COM, provided that CRISTALESGAFAS.COM has admitted that the product is suitable for such use.
  • IV. are of the usual quality and performance of a product of the same type that the User can expect, taking into account the nature of the Product.

In the event that it is proven that the Product does not conform to the specifications established, CRISTALESGAFAS.COM shall proceed, where appropriate, to repair, replacement, price reduction or termination of the contract, such steps being at the User’s expense. The customer will have to send the product for assessment and always after our approval.

CRISTALESGAFAS.COM is not liable for any damage to the Products that may result from misuse thereof, as well as acts or omissions of the User that do not conform to the specifications of each Product or damage caused by third parties that are not linked to CRISTALESGAFAS.COM.

CRISTALESGAFAS.COM takes the greatest care in the presentation and description of the Products. However, the photographs of the Products are presented for illustrative purposes only. To know the precise characteristics of each Product you should check the corresponding descriptive data accompanying each Product.

e. Delivery of the Products

Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within approximately ten to fifteen (3-15) working days from the day of purchase.

CRISTALESGAFAS.COM assumes no responsibility when the delivery of the Product is not carried out as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be carried out for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the User or the retention of the Product in Customs.

Delivery times are approximate, although CRISTALESGAFAS.COM tries to comply with them.

f. Price and payment of the Products

The prices applicable to each Product shall be those published on the Website on the date on which the User places the Order. The prices indicated for each of the products or services offered on the Website include Value Added Tax (VAT) and shall be understood to be in Euros (€). The prices applicable to each service shall be those published on the web site or those offered in the form of offers and promotions on the web site or in banners, commercial communications of the provider, etc. Although CRISTALESGAFAS.COM tries to ensure that all the prices appearing on the Web Site are correct, errors may occur. In the event that CRISTALESGAFAS.COM discovers an error in the price of any of the Products requested by a User, it shall inform him/her as soon as possible and shall give him/her the option of reconfirming the Order at the correct price or cancelling it. If CRISTALESGAFAS.COM does not manage to contact the User, the Order shall be considered cancelled and the User shall be reimbursed in full the amounts paid.

CRISTALESGAFAS.COM shall not be obliged to supply the User with any Product at the incorrect lower price (even if the Shipping Confirmation has been sent) if the error in the price is obvious and unequivocal and could have been reasonably recognised by the User as an incorrect price.

Prices may change at any time. However, possible changes shall not affect the Products in respect of which CRISTALESGAFAS.COM has already sent the Dispatch Confirmation.

I. METHOD OF PAYMENTO

The User may pay by credit or debit card, Visa, Mastercard, PayPal or bank transfer. To minimise the risk of unauthorised access, the User’s credit card details will be encrypted. Whether the form of payment is made by credit or debit card or via PayPal, the charge will be made at the time CRISTALESGAFAS.COM sends the order confirmation to the User.

II. VALUE ADDED TAX (VAT)

The applicable VAT rate shall be the rate legally in force at any given time depending on the specific product in question.

g. Special information on the purchase of prescription lenses

CRISTALESGAFAS.COM does not perform eyeglasses prescription. In the event that the customer has never used prescription glasses, we recommend that he/she first visit an optician-optometrist or ophthalmologist, who will carry out the prescription and adaptation of his/her glasses.

In order for CRISTALESGAFAS.COM to be able to distribute the ophthalmic lenses to the customer, with the specifications prescribed by the eye specialist, the customer must understand and accept the following conditions:

• • i. CRISTALESGAFAS.COM will send you your replacement lenses according to the information that the customer has provided to CRISTALESGAFAS.COM.
  • ii. CRISTALESGAFAS.COM trusts that the information that the customer provides when placing an order at www.cristalesgafas.com is correct and complies with the prescription that an eye care professional has prescribed, and furthermore, that at some point an adaptation of this prescription has been made, and that this has been well tolerated.
  • iii. That the prescription provided by your optician-optometrist or ophthalmologist has been prescribed within the last twelve months.
  • iv. CRISTALESGAFAS.COM shall not be liable if the customer does not adapt his prescription lenses to the specifications that the customer has previously provided to CRISTALESGAFAS.COM and that are prescribed by a vision specialist.
  • v. CRISTALESGAFAS.COM reserves the right not to provide prescription lenses because the specifications provided are not clinically suitable.

4. PRODUCT RETURNS AND EXCHANGES

a) Right of withdrawal

In accordance with the applicable regulations, in the event that the User is contracting as a consumer, he/she may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within fifteen (15) calendar days from the date of delivery thereof (the “Withdrawal Period”). The aforementioned right of withdrawal shall not be valid with respect to those Products that have been made according to the specifications made by the Buyer or clearly personalised.

Once the relevant inspection of the returned Product has been carried out to the effect that the requirements established in section c) below have been met and in the event that the User does not decide to make an exchange, CRISTALESGAFAS.COM shall reimburse the User the amount of the Product, except for the shipping costs which shall be borne by the User as included in the following table:

Once the Withdrawal Period has elapsed, no exchanges or returns of Products will be accepted. Exchanges will only be accepted for those Products that may have been defective in accordance with the provisions of section b) below.

b) Replacement of defective products

The customer has a period of 14 days from receipt of the order to be able to exchange the products. The stamp with the date of receipt will serve as proof for returns of intact products. Returns will not be accepted for orders that do not meet the delivery deadlines.

The cost of returning defective goods shall be borne by the buyer. If the error comes from CRISTALESGAFAS.COM, all return handling charges shall be borne by the purchaser.

In the case of requesting a change of product for reasons beyond the control of CRISTALESGAFAS.COM, the customer will be responsible for shipping costs.

In the event that the User considers that the Product does not conform to the specifications established for said Product, he/she must contact CRISTALESGAFAS.COM immediately by e-mail to the contact address hola@cristalesgafas.com providing the details of the Product, as well as informing of the defect and whether he/she chooses to return or replace it with an identical Product.

In the case of Change of Lenses, the customer chooses to return the product CRISTALESGAFAS.COM will refund the price of the chosen lenses 1.5 without treatments (25 €) and the customer will be responsible for shipping. (It is a custom product for each customer, can not be reused, the return is courtesy of the company).

(c) Provisions common to refunds

The User must comply with the following requirements in order to make use of the right of withdrawal, as well as to be able to return or replace Products:

• • i To organise collection of the Product, the User must first contact CRISTALESGAFAS.COM by sending an e-mail to the contact address hola@cristalesgafas.com;
  • ii The User may prove the exercise of the right of withdrawal in any manner permitted by law, which shall be considered to have been validly exercised by returning the Product;
  • iii The Product must be returned in the same condition in which it was received. CRISTALESGAFAS.COM 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 his possession;
  • iv The refund shall be made by the same means of payment that the User used to pay for the Product.

5. USE OF THE WEBSITE

CRISTALESGAFAS.COM provides access to a multitude of information, services or data (hereinafter “the contents”) on the Internet belonging to CRISTALESGAFAS.COM to which the user may have access. The user assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or contents. In this registration the user will be responsible for providing truthful and lawful information. The user undertakes to make appropriate use of the contents and services that CRISTALESGAFAS.COM offers through its web site.

6. TERMS AND CONDITIONS OF THE WEBSITE AND THEIR ACCEPTANCE

These Conditions regulate the visit to the CRISTALESGAFAS.COM website. Visiting the web site implies full and unreserved acceptance of each and every one of the Conditions. If you do not agree with the Conditions, you will not be entitled to visit the CRISTALESGAFAS.COM website. The enquiry service of this website is also regulated by these Conditions.

7. ACCESS AND VISIT OF THE WEBSITE

The provision of the website service by CRISTALESGAFAS.COM is free of charge, and does not require prior subscription or registration by the user.

8. CORRECT VISIT OF THE WEBSITE

You undertake to use the website, its contents and the CRISTALESGAFAS.COM service in accordance with the law and these Conditions, good customs and public order. Likewise, you undertake not to use the web site, its contents and the CRISTALESGAFAS.COM service for illicit purposes or effects, contrary to the contents of these Conditions, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate the web site and/or its contents and/or the CRISTALESGAFAS.COM service or prevent the normal use or enjoyment thereof by other persons.

You shall refrain from manipulating the CRISTALESGAFAS.COM identification data offered on the CRISTALESGAFAS.COM web site.

You shall abstain from manipulating the technical devices for the protection of contents or information, and in general for the configuration of the CRISTALESGAFAS.COM web site.

9. LIMITATION OF WARRANTIES AND LIABILITY

CRISTALESGAFAS.COM neither controls nor guarantees the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. CRISTALESGAFAS.COM excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in your computer system, electronic documents or files of you and in general of the users of the web site.

10. CONFORMITY OF PRODUCTS AND SERVICES

CRISTALESGAFAS.COM offers its customers a lens replacement service. This service is subject to the following provisions:

• CRISTALESGAFAS.COM reserves the right to refuse the fitting of lenses in a customer’s frame if there is any risk of damage to the frame or if the frame requires specific technical material.
• CRISTALESGAFAS.COM is not responsible for the deterioration or breakage of the frame sent.
• Here Detailed responsibilities for breakage and loss: https://www.cristalesgafas.com/responsabilidades-por-perdida-o-rotura/

11. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the contents of the CRISTALESGAFAS.COM web site and of the CRISTALESGAFAS.COM service are the exclusive and worldwide property of CRISTALESGAFAS.COM including, without limitation, graphic design, logos, images, texts, brands and other distinctive signs, in any of the programming languages used or usable, as well as all the operating and development software of the web site. The reproduction, distribution, communication to the public, transfer and any other act or form of exploitation that has not been expressly authorised by the holder of the exploitation rights is prohibited.

All the trademarks that appear on the CRISTALESGAFAS.COM website are registered trademarks and are the property of CRISTALESGAFAS.COM.

12. TECHNICAL LINKING DEVICES

The website often places at the user’s disposal technical linking devices (links, banners or buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties. CRISTALESGAFAS.COM does not offer or market by itself or through third parties the services available on the linked sites, nor does it control, monitor or approve the products, services, contents, information, data, files and any other type of material on these linked sites.

Consequently, CRISTALESGAFAS.COM declines any responsibility with regard to the information found outside this web site and not managed by CRISTALESGAFAS.COM. The function of the links that appear is exclusively that of informing the user about the existence of other sources of information on the subject on the Internet, where he/she may expand on the data offered on this website. These links do not imply a suggestion, invitation or recommendation to visit the destination sites, and therefore CRISTALESGAFAS.COM shall not be held responsible for the results obtained through these hypertext links.

13. LAW AND JURISDICTION

These Conditions, as well as any relationship between you and CRISTALESGAFAS.COM, shall be governed by Spanish law.

For any litigious matter between you and CRISTALESGAFAS.COM arising from the existence or content of these Conditions or from your visit to the web site, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the country.