These Terms govern

the use of ariaseyewear.com and
any other agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

ariaseyewear.com is a service of:

Arias Eyewear by Andrea Dentoni
Viale San Vincenzo, 51
09123 – Cagliari
Italy

Owner’s email address: info@ariaseyewear.it

What to know at a glance

Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not interact as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clause applies to all Users.
The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of ariaseyewear.com set out in this section have general validity.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using ariaseyewear.com the User declares to satisfy the following requirements:

There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
It is possible to use the Service even without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of the users to keep their access credentials safe and confidential. To this end, Users must choose a password that corresponds to the highest level of security available on ariaseyewear.com.

By creating an account, the User agrees to be fully responsible for any activity carried out with his/her access credentials.
Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, illegally disclosed or stolen.

Account closure

The User is free to close his/her account and cease using the Service at any time, following this procedure:

By contacting the Owner at the contact details in this document.

Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User’s account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on ariaseyewear.com

Unless otherwise specified or clearly recognizable, all content available on ariaseyewear.com is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on ariaseyewear.com does not infringe applicable legislation or third-party rights. However, it is not always possible to achieve such a result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address related complaints to the contact details specified in this document.

Rights on content on ariaseyewear.com

The Owner holds and expressly reserves all intellectual property rights on the aforementioned content.

Users are not authorized to use the content in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on ariaseyewear.com, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on ariaseyewear.com, the User is authorized to download, copy and/or share certain content available on ariaseyewear.com exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by the legislation on copyright remain unchanged.

Access to external resources

Through ariaseyewear.com, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights on content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Acceptable Use

ariaseyewear.com and the Service may only be used for the purposes for which they are offered, according to these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of ariaseyewear.com and/or the Service does not violate any law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to ariaseyewear.com or the Service, terminate contracts, report any reprehensible activity carried out through ariaseyewear.com or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages or is suspected of engaging in:

• violations of the law, regulations and/or the Terms;
• injuries of third-party rights;
• acts that may significantly harm the legitimate interests of the Owner;
• offenses to the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on ariaseyewear.com as part of the service are paid for.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of ariaseyewear.com.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of ariaseyewear.com and are subject to change without notice.

Although the Products on ariaseyewear.com are presented with the greatest accuracy technically possible, the representation on ariaseyewear.com by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Each phase, from the choice of the product to the forwarding of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:

• Users are requested to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
• Users can check their choice, modify, add or remove items.
• Users will be asked to specify their billing address, contact details and a payment method of their choice.
• In the event that the purchase includes the delivery of a Product, it may be necessary for Users to indicate a shipping address.
• To access the checkout area, Users must click the relevant button.
• Within the checkout area, Users who already have an account on ariaseyewear.com can log in. Accounts are created via Wordpress Woocommerce and allow Users to access the status of the current purchase and the purchase history. To receive information on the processing of personal data and related rights, the User can consult the privacy policy of Wordpress and ariaseyewear.com.
• Users will be asked, in subsequent steps, to confirm the registered billing and shipping address and to specify a shipping and payment method of their choice. Before being able to proceed with the selected payment method, Users must accept the Terms.
• During the purchase process, Users may, at any time, modify, correct or replace the information provided and add a gift card, an affiliation code or a discount code (Coupon) or abandon the purchase process altogether without any consequences.
• After providing all the requested information, Users are asked to carefully review the order and, subsequently, confirm and forward it using the relevant button or mechanism on ariaseyewear.com, thereby accepting these Terms and committing to pay the agreed price.
• By clicking on the checkout button, Users access the Paypal or Stripe checkout area where they will be asked to indicate their contact details and a payment method of their choice.
• Users who have not yet done so may request Paypal or Stripe to store their payment information for future purchases on www.ariaseyewear.com or on other sites that use Stripe as a payment gateway. To receive information on the processing of personal data and the related rights, the User can consult the privacy policy of Paypal or Stripe and www.ariaseyewear.com.
• Within the Paypal or Stripe checkout area, Users may also be asked to specify their billing and shipping address.
• Within the Paypal or Stripe checkout area, Users will have the option to choose direct checkout. Direct checkout allows Users to complete the purchase directly, using the payment information and contact details stored by the most common online payment management services (such as “ApplePay”, “Google Pay”, “Microsoft Pay”).

To place an order, Users are required to accept these Terms and use the respective button or mechanism on www.ariaseyewear.com, thereby committing to pay the agreed price.

Sending an order

Sending an order entails the following:

Sending an order by the User determines the conclusion of the contract and creates the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an action by the User, such as the provision of information or personal data, specifications or special requests, sending the order also creates the User’s obligation to cooperate accordingly.
Once the order has been sent, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before submitting the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on ariaseyewear.com:

include all applicable commissions, taxes and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of ariaseyewear.com.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right that may be enforced by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner’s headquarters, as indicated in the contact details in this document.

Payment methods

The details relating to the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of ariaseyewear.com.

All payments are managed independently by third-party services. Therefore, ariaseyewear.com does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, ariaseyewear.com will store an identification code linked to the User’s PayPal account. In this way, ariaseyewear.com will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

Retention of ownership

Until the Owner receives payment of the full purchase price, the User does not acquire the rights to use the Products ordered.

Retention of rights of use

Until the Owner receives payment of the full purchase price, the User does not acquire the rights to use the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details listed in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the following countries or territories: Italy, EU countries, Non-EU countries only upon request.

Delivery times are indicated on ariaseyewear.com or during the purchase procedure.

Failure to deliver

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.

In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User’s expense.

Provision of services

The purchased service will be performed or made available within the times indicated on ariaseyewear.com or according to the methods communicated before the order is placed.

User rights

Right of withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users who act as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without justification.

Users who do not meet these requirements do not have the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

• In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
• In the case of purchase of multiple goods ordered together but delivered separately or in the case of purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.

The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User shall not bear any costs as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the latter to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is respected if the delivery of the goods to the courier or to another authorised person occurs before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is liable for the decrease in value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

The return shipping costs are borne by the User.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

There is no right of withdrawal from contracts:

• for the supply of goods made to measure or clearly personalized;
• for the supply of services after the service has been completely performed, when the execution has begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract;

Guarantees

Legal guarantee of conformity of the Product according to European Union legislation

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on ariaseyewear.com in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users broader rights.

In particular, Consumers residing in France may exercise the rights of guarantee of conformity within two years from delivery of the goods without having to produce proof of the defect or lack of conformity. The period of time for which the Consumer is exempted from producing proof is reduced to six months in the case of used goods.

By exercising the right of guarantee, the Consumer may choose between requesting the replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity is applicable regardless of any additional commercial guarantee granted by the Owner.

The Consumer may also exercise the right of guarantee for hidden defects pursuant to the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and a reduction in the price.

Consumers who do not act as European Consumers may enjoy rights of guarantee of conformity under the legislation of the country in which they habitually reside.

Limitation of liability and indemnity

EUROPEAN USERS

INDEMNIFICATION

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners and employees from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with negligent conduct such as use of or connection to the service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law.

LIMITATION OF LIABILITY FOR USER ACTIVITIES ON WWW.ARIASEYEWEAR.COM

Unless otherwise specified and without prejudice to the applicable legal provisions on product liability, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the liability of the Owner for death, personal injury or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by intent or gross negligence, provided that the use of www.ariaseyewear.com by the User has been suitable and correct.

Unless the damage has been caused by intent or gross negligence or affects life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits set out above, the Owner assumes no liability for:

• any lost profits or other losses, even indirect, that the User may have suffered (such as, by way of example, commercial losses, loss of revenues, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
• damages or losses resulting from interruptions or malfunctions of www.ariaseyewear.com due to causes of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
• any losses that are not a direct consequence of a violation of the Terms by the Owner;

Australian Users

Limitation of Liability

No provision of these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and that constitutes a right that can not in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for a breach of a non-excludable right and any liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to either re-supplying the services or paying the cost of having them supplied again.

US Users

Warranty Disclaimer

The Owner provides ariaseyewear.com “as is” and as available. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly provided herein

Without prejudice to the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or from your use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any hyperlinked website or service. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with your browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion or limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions under this Agreement apply to the extent prohibited by law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User’s account or information contained therein;
• any errors, omissions or inaccuracies in content;
• personal injury or material damage, of any nature, resulting from the User’s access to or use of the Service;
• any unauthorized access to the Owner’s security servers and/or
• any personal information stored there in any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debt and expenses, including, without limitation, attorneys’ fees and expenses arising from

• Your use of or access to the Service, including any data or content transmitted or received by You;
• Your violation of these Terms, including, but not limited to, any breach by You of any representation or warranty set forth in these Terms;
• Your violation of any third-party rights, including, but not limited to, any right relating to privacy or intellectual property;
• your violation of any applicable law, rule or regulation
• any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including access by a third party using your username and password or other security measures, if any;
• your malicious conduct; or
• your or our affiliates, officers, agents, co-branders, partners, suppliers and employees’ violation of any legal provisions, to the extent permitted by applicable law

 

Common Provisions

No Implied Waiver

Failure by the Owner to exercise any legal right or claim arising from these Terms does not constitute a waiver of the same. No waiver may be considered definitive in relation to a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the Service activity, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users may not reproduce, duplicate, copy, sell, resell or exploit ariaseyewear.com or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of ariaseyewear.com.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to ariaseyewear.com are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties on intellectual property.

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with ariaseyewear.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.

Modifications to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, he must stop using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the changes are accepted by the User. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of ariaseyewear.com must be sent to the addresses indicated in this document.

Severability clause

If any provision of these Terms should be or become void or unenforceable under the applicable law, the voidness or unenforceability of such provision does not affect the effectiveness of the remaining provisions, which therefore remain valid and enforceable.

US Users

Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties regarding the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.

European Users

If any provision of these Terms should be or become void, invalid or ineffective, the parties will work to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the above, the nullity, invalidity or ineffectiveness of a particular provision of these Terms shall not invalidate the entire Agreement, unless the void, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable burden on any of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court

The exclusive jurisdiction to decide on any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is based, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users may report any disputes to the Owner, who will try to resolve them amicably.

While the right of Users to take legal action remains unaffected, in the event of a dispute regarding the use of ariaseyewear.com or the Service, Users are kindly requested to contact the Owner at the contact details provided in this document.

The User may address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Owner will process the request without undue delay and within 10 days of receiving it.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or Consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

Definitions and legal references

ariaseyewear.com (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Business User

Any User who does not correspond to the definition of Consumer.

Voucher

Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.

European (or Europe)

It applies when the User, regardless of nationality, is located in the European Union.

Standard withdrawal form

Addressed to:

Arias Eyewear di Andrea Dentoni.
Viale San Vincenzo, 51
09123 – Cagliari
Italy
info@ariaseyewear.com

I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services:

_____________________________________________ (insert here a description of the goods/services from which you wish to withdraw)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_______________________________________________
Date: _____________________________________________

(sign only if this form is notified on paper)

Owner (or We)

Means the natural or legal person who provides ariaseyewear.com and/or offers the Service to Users.

Product

A good or service that can be purchased through ariaseyewear.com, such as a physical good, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

Service

The service offered through ariaseyewear.com as described in the Terms and on ariaseyewear.com.

Terms

All conditions applicable to the use of ariaseyewear.com and/or the provision of the Service as described in this document and in any other document or agreement linked to it, in the most up-to-date version respectively.

User (or You)

Means any natural person who uses ariaseyewear.com.

Consumer

A Consumer is any User considered as such under applicable law.