Legislation and Jurisdiction
The use of our website and product purchase contracts formed through said website will be governed by Spanish law.
For the resolution of any controversy, dispute or disagreement that may occur between the User and SmartOptics, SL through the use of this website, the parties agree to submit to the competent courts and tribunals, in accordance with current legislation.
In accordance with the provisions of article 13 of Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May, 2013, on online dispute resolution for consumer disputes, which states, "Member States shall ensure that traders established on their territories inform consumers about the ADR entity or ADR entities by which those traders are covered", an ONLINE DISPUTE RESOLUTION body has been created to act as a neutral party and valid interlocutor between both parties, in an attempt to avoid resorting to the courts of law as much as possible.
Consequently, the following online platform is provided for the service of the consumer:
You can find more information in article 14 section 1 of the ODR-VO, which can be downloaded in PDF format via the following link.
Liability and Disclaimer
Unless expressly stated otherwise in these Terms and Conditions, our liability in relation to any product purchased on our website is strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases: 0. In the event of death or personal injury caused by our negligence; 1. In case of fraud or fraudulent misrepresentation; or 2. In any matter where it is illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the provisions of the preceding paragraph, and to the extent legally permitted, and unless otherwise stipulated in these Terms and Conditions, we will not accept any responsibility for the following losses, regardless of their origin: 3. Loss of income or sales; 4. Loss of business; 5. Loss of profit or loss of contracts; 6. Loss of anticipated savings; 7. Data loss; and 8. Wasted management or office time. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise therein. All product descriptions, information and materials that appear on this web page are provided as is, without express or implied warranties. To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded against consumers and users. The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.
We will not be held responsible for any failure to comply or delay in the compliance of any of the obligations we assume on the basis of a contract, whose cause is due to events which are beyond our control (“Force Majeure Causes”).
Force Majeure Causes include any act, event, lack of exercise, omission or accident that is out of our reasonable control, including, but not limited to, the following:
- Strikes, lockouts, or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
- Inability to use trains, ships, aeroplanes, motor transport, or other forms of public or private transport.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
- Strike, failures, or accidents of maritime or river transport, postal, or any other type of transport.
It is understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfil said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfil our obligations under the Contract despite the Force Majeure Event.
Communications
Applicable laws require that some of the information or communications sent to you must be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you via email or provide you with information by posting notices on the website. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by SmartOptics, SL electronically comply with the legal requirement of being in writing. This condition will not affect your rights as recognised by law.
According to the preceding paragraph, and unless otherwise stated, we may send you communications either by email or to the postal address provided when placing an order.
Notices will be deemed received and properly served immediately upon being posted on our website, 24 hours after an email is sent, or 3 days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that said letter was properly addressed, stamped and placed in the post and, in the case of an email, that said email was sent to the specified email address of the addressee.
Disclaimer
The lack of requirement on our part for strict compliance by the Customer with any of the obligations assumed by them under a Contract or these Terms and Conditions, or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said Contract or the Terms and Conditions, does not imply any waiver or limitation in relation to said rights or actions, nor does it exempt the Customer from complying with said obligations.
No waiver by us of a specific right or action shall imply a waiver of other rights or actions derived from the Contract or the Terms and Conditions.
No waiver by us of any of these Terms and Conditions, or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and formalised and communicated to you in writing, in accordance with the provisions of the Notifications section.
AUTHENTICITY AND WARRANTY
All items for sale come with a 2-year warranty, in accordance with rdl-1/2007.
We guarantee that all our products are authentic. As an official distributor of the leading designers and manufacturers of glasses worldwide, SmartOptics, SL guarantees the originality of all its products.
We work directly with licensee companies, and the owners and line managers of brands, who provide us with access to collections, which we acquire directly through them, and who supply us with products from their warehouses. This is the same process followed by all optical businesses, physical or online sunglasses stores, as only these companies are the owners of the brands they manage under license. This case applies to fashion designer brands who rely on companies which specialise in the creation, manufacture, and marketing of optical products. Some examples include Chloé, Calvin Klein, or Nike, whose licenses are managed by Marchon Eyewear; Guess, Tom Ford, or Cavalli, managed by Marcolín; or Gucci by Kering Eyewear. Additionally, we work with companies that distribute their own brands, such as the Spanish brand Kypers, or Gigi Barcelona.
With regard to lenses or optical products, which are considered health and hygiene products, these are subjected to a strict control process and are purchased from manufacturers that comply with current regulations and guarantee the best quality and service.
COMPLAINTS AND CLAIMS
Article 211-14 of Law 22/2010, of 20 July, of the Consumer Code of Catalonia, which is framed within the requirements applicable to any type of consumer relationship, to any relationship established between, on the one hand, businessmen, intermediaries, or the government as a provider of goods and services and, on the other hand, consumers, establishes that all businessmen or businesswomen must have access to claims or complaint forms, in accordance with the corresponding regulatory regulation.
To this end, SmartOptics, SL makes the official forms available to the User, as established in Decree 121/2013, of 26 February, which regulates the official forms for complaints and claims in consumer relations, by clicking here. Once the official form has been completed in accordance with article 7.3 of the aforementioned regulations, the User may send the request to the following postal address: SmartOptics Avda. Martí Pujol, 211 – 08912 Badalona, BARCELONA; or by email to [email protected].
