This document establishes the terms and conditions for placing orders, payment and delivery of the products and services requested, as well as managing responses or enquiries about said products or services.
This document establishes the terms and conditions governing the use of the website www.smartoptics.es and the purchase of products and services therein (hereinafter, the "Conditions").
INDENTIFICATION OF THE OWNER IN ACCORDANCE WITH LAW 34/2002
www.smartoptics.es is a domain owned by SmartOptics, SL, with registered office at Avda Martí Pujol 211 – 08912 Badalona and holding CIF (tax code) B67326603.
Telephone: +34 93 116 46 74
Whatsapp +34 617 367 740
Customer Service Hours: Monday to Friday 09:30-13:30 and 16:30-20:30 | Saturday 10:00-13:30 and 17:00-20:00
SmartOptics, SL is the owner and administrator of the official online sales website “www.smartoptics.es” which offers the sale of optical and visual health products to non-merchant users or customers.
These TERMS AND CONDITIONS regulate without restriction the sale of products and provision of services performed by SmartOptics, SL through the website www.smartoptics.es.
The pages that make up this website are public, unrestricted, and free of charge.
The User must use the Website in accordance with the law, moral standards, generally accepted good conduct, and public order. Thus, the owner of this Website will not assume any responsibility derived from the misuse, improper, incorrect, or illegal use of the website and/or its content.
Neither will it assume any responsibility regarding connection problems or viruses that may arise as a consequence of the inherent risks of connecting to and browsing the Internet.
The CUSTOMER voluntarily accesses this website. Accessing and browsing this website implies acceptance and understanding of the legal notices and terms conditions contained herein.
Mere access to this website does not imply any type of commercial relationship between SmartOptics, SL and the CUSTOMER.
SmartOptics, SL reserves the right to modify the conditions for access and the contents of the Website whenever it deems appropriate and without prior notice.
As a CUSTOMER, when you use this website to make an enquiry or place an order, you agree to:
- Use this Website only to make enquiries and legally valid purchases.
- Not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorised to cancel it and inform the relevant authorities.
- Provide us with your email address, postal address, and/or other contact information truthfully and accurately. Additionally, you agree that we may use this information to contact you if necessary.
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
It is necessary to register on the website in order to purchase our products. This can be done in two ways: by creating a permanent user account, or by purchasing as a guest.
SmartOptics, SL informs you that, as a permanently registered user, you will have access to your orders, invoices, order tracking, and be able to modify your data. The passwords you create as a registered user will be used to access the services provided via the website.
As a CUSTOMER, you are responsible for storing said passwords in the strictest, absolute confidentiality, thereby assuming any damages or consequences of any kind which may arise from disclosing said passwords. For security reasons, you can modify the password for access to the services linked to the website at any time. Moreover, you agree to notify SmartOptics, SL immediately of any unauthorised use of your password, as well as any access to it by unauthorised third parties.
If you forget your password, the process for recovering it is very simple: At the bottom of the website homepage, head to the user area and click on "Reset Password". You will then be sent an email containing your password, which you can change at any time.
TERMS AND CONDITIONS OF PURCHASE
To place an order, you must follow the online purchase procedure and click to accept the TERMS AND CONDITIONS OF SALE IN THE SECTION "ORDER WITH OBLIGATION TO PAY".
After this, you will receive an "Order Confirmation" email acknowledging receipt of your order. All orders are subject to acceptance on our part, which is confirmed via a "Shipping Confirmation" email informing you that the product has been despatched. The contract for purchasing a product between the CUSTOMER and SmartOptics is only formalised once the “Shipping Confirmation” email has been sent.
Please note: The "Shipping Confirmation" email will be sent to you within a maximum period of 48 hours from the time you place the order. If you have not received said confirmation within that time period, please contact us by writing an email to firstname.lastname@example.org, sending a WhatsApp message to (+34) 617 367 740, or by calling our Customer Service team at (+34) 931 164 674. Customer Service Hours: Monday to Friday 09:30-13:30 and 16:30-20:30, Saturday 10:00-13:30 and 17:00-20:00.
For orders with "express shipping", the "Shipping Confirmation" email should reach you within a maximum period of 24-48h. If not, please contact us via the aforementioned channels.
The delivery time for orders placed through our website may vary according to stock availability, country of destination and type of service:
- For products with the "Fast delivery" tag, the delivery time is 24/48 hours for the spanish territory, 2-4 Europe and 6-8 days rest of the world. The fast delivery does not imply any change in the cost of the product or transportation.
- For personalised or prescription glasses, the delivery time will depend on the type of treatment, lens and prescription and may take up to 15 working days.
- For all the other products, the delivery time is 5 to 12 days depending on the Brand and country of destination.
The full management of your order is subject to the availability of the requested products. If, at the time of preparing your order in our warehouse, the requested product is not available due to either a lack of stock or the product not being in a suitable condition for sale, we will inform you of this as soon as possible and reimburse you the amount paid within a maximum period of seven days from the date of notifying you of the unavailability of said product.
In any case, we will always notify you of any possible change to your order due to the unavailability of an item.
For the purposes of these Conditions, the "delivery" is understood to have been completed once you sign the order receipt at the agreed delivery address.
The prices listed on the website are indicated in euros and include VAT and any possible discount applicable on the date of the order. Unless otherwise specified, the price does not include shipping and handling costs, nor taxes, other fees, and additional costs. These expenses will be borne by the Customer, unless the minimum purchase requirement for free shipping has been met, or SmartOptics, SL has expressly communicated the removal of shipping costs on the website, in which case they will be borne by SmartOptics.
Payment can only be made through: our virtual POS payment gateway or the PayPal secure payment system. As a security measure, your data will be encrypted before information is transferred from your computer to the secure payment system, using Banco Sabadell and PayPal (you can pay with either your PayPal account or your credit or debit card). SmartOptics, SL does not receive or store your debit or credit card information nor your PayPal account details. The padlock at the bottom of the browser signifies that the web page is secure (or if the URL begins with https). This method is the recognised standard for making secure transactions.
By clicking "Authorise Payment" you confirm that the bank card belongs to you.
Bank cards will be subject to checks and authorisations by the issuing entity; if said entity does not authorise payment, we will not be held responsible for any delay or delivery failure, and we may not be able to formalise a Contract with you.
Upon confirmation of your order, SmartOptics, SL will send a confirmation message informing you that your order has been successfully completed. The risk of loss and deterioration of the products is transferred to the Customer upon delivery and receipt of the Products by the CUSTOMER.
Shipping Costs by Territory
As mentioned above, any additional expense to the cost of the glasses is borne by the CUSTOMER, except for shipping costs when specified by SmartOptics on its website.
The current shipping costs are as follows:
- Spain: Free shipping for the purchase of any pair of glasses, regardless of price. Except for Canary Island, shipping cost 12€ for orders under the 100€
For the purchase of accessories, shipping is free for orders over €30, or €3.95 for orders under €30.
- European Community Countries: The shipping cost is €12. Free shipping for orders over €100.
- Rest of the World: The shipping cost is €25. Free shipping for orders over €150.
Customs and Import Taxes
For territories with customs and import duties, taxes and/or tariffs, which are an additional expense to the shipping cost, the CUSTOMER will be responsible for these costs. We recommend checking with local authorities beforehand how much these costs may amount to. If the CUSTOMER decides not to pay the customs fees, SmartOptics will not refund the order amount nor take charge of the package. It is very important to provide a correct and exact shipping address, as well as a contact telephone number. Deliveries are never made to post office boxes.
Right of Withdrawal
The CUSTOMER has the right to withdraw from the agreement within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days from the date on which you acquire material possession of the goods.
This right must be exercised in writing by sending an email to email@example.com. The following information must be included in the email:
- Purchase order number
- Customer name and surname
- Product reference number
- Number of units to return
- Reason for the return
Such information must also be included with the physical shipment of the goods. The return costs will be borne by the Customer, unless the withdrawal is due to a shipping error (e.g. incorrect product received) or a defective product.
Effects of Withdrawal
In the event of a withdrawal on your part, we will refund all payments received, including shipping costs for your order (where applicable).
The deadline for making a return is a maximum of 14 calendar days from the date of receipt of the goods. We will proceed to refund the amount paid back to the same payment method used for the initial purchase, unless you have expressly provided otherwise; in any case, you will not incur any cost as a result of the refund.
Products should be returned to us directly or delivered to:
Avda Martí Pujol 211 – 08912 Badalona – BARCELONA
The right of withdrawal is not applicable to contracts that refer to the supply of sealed goods, which are not suitable to be returned due to health, safety, and hygiene protection reasons, and that have been unsealed after delivery.
Additionally, the right of withdrawal is not applicable to products which have been personalised or adapted; the provision of services such as creating prescription lenses for sunglasses, progressive lenses, changing the lenses in a frame or pair of sunglasses to anything other than the original lenses marketed by the supplier (e.g. photochromic, polarised lenses, colour change, UV filter or finish); nor to contact lenses.
EXCHANGES AND RETURNS
The following conditions regarding the exchange or return of our products and services do not apply in the case of exercising the right of withdrawal. If for any reason you are not satisfied with your order, you have a period of 30 calendar days from the date of delivery to exchange or return the item.
In order for us to approve a return, the products must be in perfect condition, with the exterior and interior labels and original packaging.
If the return or exchange is due to a shipping or product error on our part, we will collect the package at the address indicated by you, and we will bear all the return costs, including the shipping cost for the correct order in the case of an exchange.
The Customer may choose between the following return options:
Free Returns in Store
The easiest way to return an item purchased online is in our store. The product must be in perfect condition, with the original packaging, and be returned together with the delivery note.
- Find our store
You can find us at: Martí Pujol, 211, Badalona.
- Mark the items
Don't forget to mark the items you wish to return on the delivery note. If you can't find the document, go to "My Orders" in the "My Account" section, select your order and print the delivery note.
- Deliver your item to our store
Once in store, deliver the product you wish to return along with the corresponding invoice. We recommend that you keep hold of the receipt given to you when you make your return until the refund is visible in your account.
The returned items will be sent to our offices and we'll proceed to refund the amount paid back to the same payment method used for the initial purchase. After verifying that the items are in perfect condition, you will receive a confirmation email telling you that the amount will be credited to your account within a maximum period of 14 days. Please note: Refund times may vary depending on your banking entity.
Collection from Home (available only for the Spanish territory))
You can request a return through our website. After verifying all the data, a shipping agent will collect the product from the address indicated by you, which must be located in the same country as which you placed your order. Please note: For returns from home, the shipping cost will be deducted from your refund amount.
These are the steps to request a collection from home:
- Request collection online:
Go to 'My Orders' in the 'My Account' section. Select the order you wish to return and complete the collection from home request form. Once we have processed your collection, you will receive a confirmation email with the details of your return. This service is only available for purchases made online. You can also request a collection from home by writing to firstname.lastname@example.org.
- Prepare your return:
Package the items you wish to return in their original packaging, or packaging of the same size and capacity. The products must be in perfect condition and with their corresponding invoice. If you can't find your invoice, you can download and print it from the “My Account” section. Do not forget to attach the returns label that came with your order.
- Deliver your return to the shipping agent:
The transport company will contact you to arrange collection. Make sure the package is properly packed and sealed and deliver it to the shipping agent.
Once we receive your package, we'll proceed to refund the amount paid back to the same payment method used for the initial purchase within 14 working days. Please note: The return shipping cost will be deducted from your refund amount. The return shipping cost is €4.95.
This service is not available in the Canary Islands, Ceuta and Melilla.
Return by Post
If you prefer, you can return your order yourself, either by mail or by courier:
- Fill in the delivery note
Don't forget to mark the items you wish to return on the delivery note. If you can't find your invoice, you can download and print it from the “My Account” section.
- Prepare your return
Package the items you wish to return in their original packaging, or packaging of the same size and capacity. The products must be in perfect condition and with their corresponding invoice. Attach the returns label that came with your order.
If you didn't keep the returns label, or didn't receive one, this is the information you need to write on the packaging: Indicate the sender and delivery address in a visible area of the packaging and send it to the following address:
smartoptics.es | online returns
Avda Martí Pujol, 211
08912 Badalona - BARCELONA
Tel. +34 93 116 46 74
- Ship your return
You can ship your return by whichever method you prefer, but we recommend you send it via certified or registered mail, with return receipt requested. We cannot be held responsible in the event of loss or damage to the package.
Once we receive your package, we'll proceed to refund the amount paid back to the same payment method used for the initial purchase within 14 working days. Please note: Return shipping costs are borne by the Customer.
You have 30 days from the date of purchase to make an exchange.
Exchange in Store
You can exchange the items in your online order for any other item of equal or greater value.
If you wish to exchange something for an item of lower value, a voucher will be issued for the difference in price. You can use this voucher in store, but it is not valid online. Vouchers are valid for one year.
Please note: Once you exchange something for another item in store, you can no longer return it online, and the terms and conditions of purchase will be the exchanges and returns policy in force in our stores.
Exchange from Home
If you wish to make an exchange from home, you'll need to first return the item you wish to exchange, and then make a new purchase online. Please note: If you request home collection for your return, the return shipping cost of €4.95 will be deducted from your refund amount.
Prescription glasses, glasses with personalised lenses, and sealed products
Returns will not be accepted for sealed products which are not suitable to be returned for health, safety, and hygiene protection reasons, and that have been unsealed after delivery (e.g. contact lenses or liquids).
Likewise, returns will not be accepted for the following:
- Personalised or adapted products: if the colour of the lenses has been changed or a treatment has been applied, and therefore the glasses vary from the original purchase option administered by the supplier.
- Provision of services such as prescription lenses for sunglasses or progressive lenses.
Notwithstanding, in the event of any error on our part in the prescription or personalisation of a product, the refund will be accepted at our expense.
Countries outside the European Community
For territories with customs and import taxes and/or countries outside the European Community, unfortunately we do not offer the option to "return from home"; in these cases, returns must be sent by mail and all costs are borne by the Customer. With regard to customs and import taxes, the Customer should check the process with local authorities. If these costs apply, they will be borne by the CUSTOMER. Please note: SmartOptics operates from within the European Union. If the CUSTOMER refuses to pay the customs fees, SmartOptics will not refund the order amount nor will it take charge of the package. It is very important to provide an accurate address and contact telephone number. We do not deliver to P.O. boxes. On some occasions, the United States Customs Service may ask their citizens to provide their social security number in order to release the imported merchandise.
INTELLECTUAL AND INDUSTRIAL PROPERTY
This website is owned by SmartOptics, SL. The intellectual property rights and the rights to operate and reproduce this website, its pages, screens, the information contained therein, their appearance and design, as well as any links ("hyperlinks") from it to other websites of any subsidiary of SmartOptics, SL are the exclusive property of the latter, unless expressly specified otherwise. Any name, photograph, image, graphic, source code for programming, design, and/or logo, as well as any product, brand, or service offered and reflected on this website, is duly protected by industrial and intellectual property rights and is a duly registered trademark of SmartOptics, SL, its subsidiaries, or third parties, in which case, SmartOptics, SL is a legitimate distributor and/or licensee. Any improper use of these features by persons other than their legitimate owner, without the express and unequivocal consent of the latter, may be reported and prosecuted through any and all legal means allowed for in Spanish and/or EU law.
The intellectual property rights and trademarks of third parties are properly highlighted and must be observed by everyone who accesses this page. SmartOptics, SL will not be liable for any use that the User may make thereof, which is the sole responsibility of the User.
The contents of any page on this website may only be downloaded, copied or printed for personal and private use. It is forbidden to reproduce, transmit, modify or delete the information, content, or notices contained on this website without prior written consent from SmartOptics, SL.
The contents provided by SmartOptics, SL are subject to intellectual and industrial property rights and are the exclusive property of SmartOptics, SL or of the individuals or legal entities indicated. By purchasing a product or service, SmartOptics, SL does not grant the purchaser any rights of modification, use, reproduction, distribution or public communication thereof, which are reserved for SmartOptics, SL. The transfer of the aforementioned rights will require the prior written consent of their owner, meaning that the User cannot make said content available to third parties.
SmartOptics, SL has obtained the information and materials included on the website from sources considered to be reliable and, while reasonable measures have been taken to ensure that the information contained is correct, SmartOptics, SL cannot guarantee that said information is exact, complete, and updated at all times, and, consequently, it must not be relied on to be so. SmartOptics, SL expressly declines all responsibility for any errors or omissions in the information contained in the pages on this website.
SmartOptics, SL reserves the right to modify, suspend, delete or restrict the content of the website, links or the information obtained through it, without prior notice. Under no circumstances does SmartOptics, SL accept any responsibility as a result of the incorrect use that a user may make of either the information or services contained on this website.
In no case will SmartOptics, SL, its branches and/or work centres, its directors and/or attorneys, employees and, in general, any authorised personnel, be liable for any type of loss, damage, claims or expenses of any kind, whether they are caused, directly or indirectly, from the use and/or dissemination of the website or the information acquired or accessed by or through it, or from any computer viruses, operational failures, service interruptions, or line failures when using the website, either by direct connection, proxy or other means. This notice constitutes, for all legal purposes, a warning to any user that these possibilities and events may occur.
SmartOptics, SL accepts no responsibility for any external websites that can be accessed through links or for any other content made available to third parties. Any use of a link or access to a website other than this one is done of the User’s own free will and at their sole risk and responsibility. SmartOptics, SL does not endorse or guarantee any of the information obtained by or through a link, nor is it responsible for any loss, claim or damage derived from the use or misuse of a link, or from the information obtained through it, including other links or websites; from an interruption in service or access; or from an attempt to use or misuse a link, both when connecting to the SmartOptics, SL website and when using it to access information on other websites.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
SmartOptics, SL reserves the right to review and modify these Terms and Conditions at any time.
APPLICABLE LEGISLATION, JURISDICTION, LIABILITY, COMMUNICATIONS, AND DISCLAIMER
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:
Online Dispute Resolution
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.
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.
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@example.com.