Terms of Sale

Luxottica may modify or supplement these Terms and Conditions of Sale and Additional Policies at any time, with effect from the time of their publication on the Website. However, the User shall only be bound by the Terms and Conditions of Sale in force at the time the order is placed.

If You have any questions or require clarification regarding the Terms and Conditions of Sale, the Additional Policies, the Products or the Website, to make a complaint or to access the after-sales service, please contact us using the contact details available at the following address: https://www.nuanceaudio.com/en-gb/c/contact-us.

Please also note that the Terms and Conditions of Sale and Additional Policies do not affect the User’s rights as a consumer, in accordance with applicable consumer protection laws.

WEBSITE AND PRODUCT INFORMATION.
We strive to ensure that all information on the Website, including descriptions of our Products and the prices listed, is always accurate and correct. However, errors can occur. We undertake to correct any errors in the information appearing on the Website as soon as reasonably possible and, if We consider that these errors may have affected the User’s order, we will do our utmost to inform the User via the contact details provided at the time of purchase, unless otherwise provided by the applicable consumer protection legislation.

Purchase of Products over the Internet is a different experience to buying in-store. In particular, the User shall be aware that:

(i) the colours of the Product(s) displayed on the Website depend on various factors, including the User’s screen display settings;
(ii) the actual dimensions and shapes of the Product(s) may differ from their appearance on the User’s screen; all technical information relating to each Product for sale on the Website is provided;
(iii) the photos and images on the Website are for illustrative purposes only – for an accurate description of each Product and details of what is included, please refer to the corresponding written description;
(iv) We will use all reasonable efforts to indicate Product availability on the Website. However, the desired Product may no longer be available at the time of ordering (for example, due to a sudden stock shortage). In the event of unavailability, We will inform the User as soon as possible and refund any price paid for the unavailable Product, including any additional costs. Apart from this reimbursement, the User acknowledges and accepts that no additional compensation or indemnification will be due as a result of the unavailability of the Product;
(v) We will make every effort to arrange delivery of the Product(s) within a reasonable time after the order has been placed and, in any event, in accordance with applicable regulations. However, please note that all tracking information is provided to us by our delivery service provider and is for delivery estimation purposes only. You will find more information on this subject in the “Shipping and Delivery” section below;
(vi) not all Products and promotions offered on the Website shall necessarily be available in physical stores, and vice versa. We reserve the right to change prices, Products and special offers at our discretion, subject to applicable laws and regulations (such changes will not affect orders already placed);
(vii) the virtual try-on system used to try the Product may distort or fail to provide a completely accurate representation of the Product(s), including their colours, textures, and dimensions, as well as how they fit the User’s face and features.

For any questions or requests for information, please contact us using the contact details available at the following address https://www.nuanceaudio.com/en-gb/c/contact-us

PURCHASE OF PRODUCTS
Product Order
After selecting the desired Products, the User shall register their personal data by filling in a registration form. Registration enables the User to create a personal account on the Website. Please note that registration and account creation are not compulsory; however, We encourage registration in order to facilitate the purchasing process on the Website for future orders. The User shall always have the option of completing orders as a “guest”, without registering on the Website. In this case, the User simply needs to provide their last name, first name, email address, telephone number, delivery address and billing address. They will also need to enter their credit card details to enable payment to be made once the order has been accepted.

Before finalising their order, Users will see a summary page of the information relating to their purchase (product(s) ordered, price, method of payment chosen, delivery method and times, etc.).

By placing an order with us, the User represents that:
(i) they are at least eighteen (18) years old,
(ii) they are legally capable of entering into binding contracts,
(iii) they agree to comply with all applicable laws and regulations governing the use of the Product(s),
(iv) they accept the Website Terms and Conditions of Use and these Terms and Conditions of Sale.

When a User places an order for a Product via the Website, their order constitutes an offer to purchase the Product addressed to us. If the User orders several items, each order includes a separate offer for each Product ordered.

To finalise the order, the User shall enter their payment details and click “Pay and confirm”. After placing an order via the dedicated section of the Website, the User will be taken to an order confirmation page and will receive a confirmation email stating that Luxottica has duly taken their order into account (“Order Confirmation”). This Order Confirmation includes full details of the Product(s) ordered, the total cost of the order, delivery information and any other information required by law. The User is advised to check their order carefully before confirming, as it will no longer be possible to make changes once the order has been validated.

Order Acceptance
Once Luxottica has received the order, the User will receive an Order Confirmation email. Following this confirmation, We will verify the payment and the availability of the ordered Product.

Once these checks have been successfully completed, We will send an order acceptance email confirming the purchase and including all information related to the shipment of the ordered Product(s) (“Shipping Confirmation”). The sales agreement shall be deemed to have been concluded when the User receives the Shipping Confirmation email.

Payment
We accept payment by credit card, gift card, PayPal account and other payment methods that may be available at the time of ordering. Payment will be debited via the payment method chosen by the User upon receipt of the Shipping Confirmation email, indicating which Products have been shipped. If the order is shipped in multiple deliveries, the User will only be charged for the Products actually dispatched at that time. If payment fails or is not made, Luxottica shall be released from any obligation to deliver the Product(s), without prejudice to any other remedy or right.

The price of the Products displayed on the Website is expressed in euros and includes VAT and any other applicable tax, in accordance with the regulations in force.

The sale price of a Product will be that displayed on the Website at the time the order is received by Luxottica, unless otherwise specified in these Terms and Conditions of Sale. Any change in prices on the Website shall not apply to orders already placed and validated by Luxottica.

Unless otherwise stated in the “Shipping and Delivery” section, delivery charges for the Products shall be borne by the User.

Luxottica will issue accounting documents related to the purchase of the Products based on the information provided by the User when placing the order or creating their personal account. The User guarantees the accuracy and truthfulness of the information provided for billing purposes and assumes full responsibility therefor.

Shipping and Delivery
After sending the Order Confirmation email, We will send a separate Shipping Confirmation email. This email will include the estimated delivery date as well as a tracking number enabling the User to follow their order on the website of our delivery service provider.

The Products will be delivered by a carrier to the delivery address indicated by the User when placing the order. Once delivery has been completed and the Products are in the possession of the User, ownership is transferred to the User. From that moment onwards, any risk of loss, theft or damage shall be borne by the User, in accordance with the applicable laws and regulations.

We estimate a delivery time of approximately 6 working days from the date of Shipping Confirmation. This timeframe is indicative; orders will be delivered before the estimated date stated in the Order Confirmation or, at the latest, within the maximum period allowed under applicable law.We make every effort to ensure timely deliveries, but delays may occasionally occur due to public holidays or unforeseen circumstances.

If you have any questions about delivery, please contact us using the contact details provided at https://www.nuanceaudio.com/en-gb/c/contact-us.

RIGHT OF WITHDRAWAL AND REFUND OR REPLACEMENT POLICY
The consumer has the right to withdraw from the agreement, without having to justify the reasons, within 14 days from the date of delivery of the Product. Exercising the right of withdrawal entitles the consumer to a refund of all payments made and obliges the seller to collect the returned Product.

In addition to this legally recognised right of withdrawal for consumers, We offer the User the option to withdraw from the purchase agreement for any reason within 30 days from the date of delivery (i.e., from the moment the User physically takes possession of the Product), in accordance with our Product Refund or Replacement Policy as outlined in this section.

Within 30 days of delivery of the Product, the User may, if not satisfied with the purchased Product or for any other reason, request either a replacement of the Product or a refund of all payments made, subject to the return of the Product. It is specified that the choice of carrier for returning the Products will be our responsibility, as will the costs associated with the return.

Products returned for refund or replacement shall be sent back in their original condition, including all original components and accessories. We reserve the right to refuse any return if the Products do not meet these conditions. This return policy applies only to the initial purchase and does not cover accidental damage, scratches, breakages, or theft.

To exercise their right of withdrawal, the User may contact our Customer Service team using the contact details provided at the following address: https://www.nuanceaudio.com/en-gb/c/contact-us

Products shall be returned within 30 days after the User has communicated their intention to withdraw.

The refund will be issued using the same payment method that the User used for the original transaction. Luxottica expressly reserves the right to delay the refund until the returned Products have been received or until the User provides proof of shipment.

Ownership of returned or replaced Products is transferred to Luxottica only once they have been received by our logistics centre.

Further information regarding our Product Refund or Replacement Policy is available on our Website at the following link: https://www.nuanceaudio.com/en-gb/c/support/shipping-and-returns

LIABILITY To the extent permitted by applicable law, Luxottica disclaims all liability for any damage arising from or in any way related to the User’s use of the Website and/or the Products, as well as for any damage resulting from the Website being inaccessible, service interruptions, or any issues related to network problems, internet service providers, or malfunctions of the User’s own electronic equipment. The User is also responsible for any breach of these Terms and Conditions of Sale and agrees to indemnify and hold Luxottica harmless against any claim, including made by third parties, arising from the breach of these Terms and Conditions of Sale and/or any breach of applicable laws, regulations, or administrative decisions. 

WARRANTY
Statutory Warranty of Conformity 
If the User is a consumer (“Consumer”), they will benefit from the statutory warranty of conformity. Luxottica, as the seller, is liable to the Consumer for any lack of conformity existing at the time of delivery of the product and which appears within two (2) years from the date of delivery.Any action based on a lack of conformity not fraudulently concealed by the seller is time-barred within twenty-six months from the date of delivery of the product.In the event of a lack of conformity, the Consumer is entitled to have the product brought into conformity free of charge by repair or replacement, or to receive an appropriate price reduction or to terminate the agreement, in accordance with the Consumer Code.Further information on the warranty conditions applied by Luxottica to products sold via the Website and the instructions on how to make use of the warranty can be found at the following address: https://www.nuanceaudio.com/en-gb/c/support/warranty

FORCE MAJEURE. 
We shall not be liable for any delays and/or breaches of these Terms and Conditions of Sale where such delays or breaches result from events beyond our reasonable control (“Force Majeure Events”). Such Force Majeure Events include, by way of example but not limitation, fire, flood, earthquake, storm, act of God, war, civil commotion, pandemic, act of terrorism or malicious damage to or destruction of our premises, equipment or property.

WAIVER AND SEVERABILITY
Any delay or failure on our part to exercise any right or take any action provided for under these Terms and Conditions of Sale shall not constitute a waiver of our rights, protections, or remedies set out in these Terms and Conditions of Sale.
If one or more provisions of these Terms and Conditions of Sale are found to be invalid by a competent authority, the remaining provisions shall continue to be in full force and effect, and the User shall remain bound by them.

PERSONAL DATA PROCESSING
The identification data provided by the User during the order process shall be used in accordance with our Privacy Policy, available on our website at the following address: https://www.nuanceaudio.com/en-gb/c/privacy-policy

APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale are governed by Italian law.
Where a user is a Consumer, jurisdiction for all disputes relating to the application of these Terms and Conditions of Sale shall lie with the court in the place of residence or domicile of the Consumer.