Terms of use

TERMS AND CONDITIONS

These terms govern the sale of the products presented on this site by the company:

OPTIMEX a.s.

Business address: Hrazanská 366, 763 26 Luhačovice

Company registration number:26979667

VAT reg. num.:CZ26979667

Czech Republic

Registered in Czech republic in commercial register by Regional court in Brno under n. C 48888

Phone number: +420 777 705055

Email address: info@optica.sale

hereinafter “ Optimex”

Optimex is a distributor of spectacle frames, sunglasses and displays and shop fittings.

 

These terms and conditions apply to the use of this website and by proceeding further placing an order you agree to be bound by them. If you do not agree to be bound by them, you should leave this website now.

The terms and conditions apply to the purchase of products offered for sale through this website. We may change these conditions from time to time without notice to you. Changes will apply to any subsequent orders received. It is your responsibility to check regularly to see if any changes have been made to these conditions. We reserve the right to modify or withdraw this website at any time without liability to you.

Each contract shall be governed by these conditions which contain the entire agreement between you and us in respect of its subject matter and supersedes any previous agreements relating to such matter.

We store the contract’s content and will send you the details of your order via email. The general terms can be found here at all times.

You are not allowed to make order via this website if you are from Czech Republic and Slovakia. The restriction is closely contacted with our company policy.

By placing the order, the purchaser confirms that it has become familiar with these terms and conditions prior to entering into the agreement, namely with the representations and warranties , as well as with the claims and delivery information , and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.

When accepting the goods, the purchaser is issued an invoice including the basic details of the agreement.

 

DEFINITIONS:

Purchaser is a consumer or an entrepreneur.

Consumer is a private individual acting in a private capacity (e.g. ultimate consumer)

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts / agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing their registration number in the order, the purchasers acknowledge that they are bound by the rules stipulated in Terms and Conditions for entrepreneurs.

"Conditions" means these terms and conditions;

"Contract" means the contract incorporating these conditions which comes into force when you place an order and we confirm acceptance of such order by means of an email to you;

"Order" means an order placed by you via this website for one or more products;

"Personal information" means all and any information provided by you in an order or when registering on this website to include and not limited to your name, address and card details;

"Product" means any product advertised on this website;

"We/Us" means Optimex

"Website" means www.optical.sale

"You" means a user of this website,. e.g. purchaser

 

ARTICLE 1: PRODUCTS

All goods are subject to availability and the details given are as accurate and complete as possible.

Limited stocks available.

We take all reasonable measures to ensure that details, measurements and descriptions of products given on this website are as accurate and complete as possible. But there may be variations between these and the products themselves.

 

ARTICLE 2: PRICES

All prices appearing on this website are quoted incl. and excl. of VAT (where applicable).

Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.

The cost of your order will be the price of the products ordered plus the appropriate delivery charge. Please see carefully mail with "Delivery information" for more information on delivery rates.

Due to circumstances beyond our control, prices may have to be altered, including any variations in the rate of VAT.

We shall be entitled by notifying you to cancel any contract, in whole or in part, to the extent that for the purchase of a product the price was, in error, stated incorrectly on the website. The cancellation should be limited solely to this product.

Goods purchased by entrepreneur being VAT payers at the moment of purchase will be invoiced with a 0 % VAT rate.

 

ARTICLE 3: ORDER AND CANCELLATION OF ORDER

You recognize to accept these Terms and Conditions by placing an order.

All orders are subject to acceptance by us. All products are subject to availability.

An order confirmation is then sent by email to you. This email confirms order acceptation but does not guarantee that the product is available in stock.

RIGHT TO CANCEL

Consumer has the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day, on which you acquire. To exercise the right to cancel, consumer must inform of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail) and return the goods. Consumers may use the model cancellation form and attached to every delivery confirmation email, but it is not obligatory.

Effects of cancellation:

If consumer cancels this contract, we will reimburse to consumer all payments received, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by consumer.

We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back any goods supplied, or

(b) (if earlier) 14 days after the day consumer provides evidence that you have returned the goods.

We will make the reimbursement using the same means of payment as consumer used for the initial transaction, unless you have expressly agreed otherwise; in any event, consumer will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or consumer has supplied evidence of having sent back the goods, whichever is the earliest.

Consumers will have to bear the direct cost of returning the goods.

Goods must be returned in perfect condition and if possible in their original packaging. For items returned via post, the return form must be correctly completed and inserted in the parcel.

 

ARTICLE 4: LIABILITY

We are liable to the purchaser that the product is free from defects upon receipt.

The product has the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by us r expected by the purchaser with reference to the nature of the goods and related advertisement.

The product can be used for the purposes stated by us or for the purposes for which the product of that kind is usually used.

The product is provided in the corresponding quantity, measurement or weight.

The product complies with the requirements stipulated by law.

Unless stipulated otherwise, the purchaser is entitled to claim defective goods within 24 month after receipt. This does not apply to:

The purchaser-consumer is entitled to claim defective product within twenty-four (24) months. If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt.

Purchaser-entrepreneur is entitled to claim defective product within twenty-four (24) months. Purchaser-entrepreneurs may be subject to a different and prevailing period for claiming defective product.

Improper performance cannot be claimed if the purchaser was aware about the defect before accepting the product or if the defect in question was caused by the purchaser.

In the case of defective product the purchaser is entitled to:

When claiming the defect in question, the purchaser informs us as to which of the aforementioned options the purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by us; with the exception of a defect requested by the purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by us within a reasonable period or if the purchaser is informed by us that the defects in question will not be removed, the purchaser may claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.

 

ARTICLE 5 : PAYMENT

Purchaser is required to pay purchase price incl. delivery costs fully before expedition of goods by us. After receiving full purchase price inc. delivery costs we will deliver order.

We accepts the following for methods of payment:

Unless paid in full and received, the goods will remain the property of Optimex a not be delivered to customer.

The goods will be shipped from within 3 days after receiving full payment.

The risk of damage passes to the purchaser upon receipt.

Once the order is placed, the billing details of the purchaser cannot be edited.

Optimex reserves the right to check personal information provided by a customer and to take necessary follow-up action (such as asking for further proof or cancelling the order) to be sure that the person whose bank account is debited is indeed the same person who requested the order and also to avoid any fraudulent use whatsoever of credit card information.

 

ARTICLE 6: DELIVERY INFORMATION

We reserve the right to select the transporters and to organize the transport. The transport risk passes to the consumer at the moment of delivery.

Transport condition incl. cost and fees will be send to customer’s email placed in order to customers’ approval. Customers’ approval is conditio sine quo non for expedition of goods. The goods will not be delivered to customers without previous approval of transport conditions.

Deliveries are made by carrier from Monday to Friday to the address you have indicated, within a period which depends on the country and the method of delivery chosen.

In the event of an information systems failure or force majeure, we assume no liability for non-observance of the stipulated business hours.

Except in the case of force majeure, delivery dates are in accordance with stocks available, as indicated below. We accept no responsibility or liability for late delivery for any reason whatsoever. Therefore, no request for compensation of any kind can be claimed by a Optimex customer.

In case of force majeure, Optimex assumes no liability for late delivery of goods.

The web customer undertakes to check the packaging and contents of the parcel and undertakes to write down any problem on the delivery note provided by the transporters.

Rates and times:

Optimex delivers your order to your chosen address (your home, workplace …). The delivery address need not be the same as the invoicing address, as in the case of a gift, for example.

Deliveries take place during office hours: please ensure that the delivery can be received at the chosen address.

a new order to receive the desired items. Please see below for further information on exchanges.

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ARTICLE 7: PERSONAL DATA PROTECTION

We warrant that all personal data are confidential and such will be used only for the performance of the agreement entered into with the purchaser and for tour marketing purposes . The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The purchaser gives consent to us to collect and process the disclosed personal data for the performance of the purchase agreement in question and for the marketing purposes of the seller; the consent is granted until revoked in writing by sending the notice of revocation to us to our business address or submitting the notice in electronic form

The terms and conditions for personal data protection are available and the personal data subject to the purchaser’s consent are described here.

Customers making a claim with us are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.

Purchasers are entitled to access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.

In obtaining the consent to personal data processing, we may use cookies in compliance with Directive 95/46/EC (aka Cookie Directive) in order to make the provision of information services easier whereby we makes sure that the users are aware of the data and information stored in their end devices. The users may prevent the cookies from being stored in their end devices, for instance, by running the anonymous browsing function.

In order to prevent criminality and minimise the damage, we reserve the right to reject an order placed by the purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact us by completing and submitting the contact form or contacting the call centre.

Article 8: COOKIES

We use cookieson our website that allow you to make full use of the online shopping and personalised features available on this website. We do not use cookies to collect or record information such as your name, address or payment details.

By using our website, you accept that cookies are being used in accordance with this Cookie Policy. In case you do not consent to the usage of cookies, you must either disable cookies in your browser setting or abstain from visiting this website.

Please note that if you do not accept cookies you will be unable to use parts of this website due to their core role of enhancing or enabling site processes.

Article 9: FINAL PROVISIONS

These condition are governed by and shall be construed in accordance with Czech law.

All disputes or any contraversary arising from the contract between the parties, incl. its validity shall by finally settled by the Czech courts. Local jurisdiction of Czech courts is determinate by Optimex´s business address.

The Uniform Law on the International Sale of Goods shall not apply to this agreement or sales made under this agreement.