The offer and sale of products on this website are governed by these Terms and Conditions.
By using this site www.tbdeyewear.com (hereinafter also referred to as only "website") operated by AVFA S.r.l.s. (throughout the site, the terms “we”, “us” and “our” refer to AVFA S.r.l.s.), users’ agree to these Terms and Conditions, and for this reason, we invite all users to read them beforehand.
These Terms and Conditions may at any time be updated and/or amended by us, changes and updates will be notified to the users as soon adopted and will be binding upon their publication in this section in which users are invited to access regularly to check the publication of the most recent and updated General Terms and Conditions of us. In the event that the user does not agree, in whole or in part, with these Terms, please refrain from accessing and from using the website.
1. The commercial policy
1.1 We have offered for sale on the website acetate eyewear and sunglasses completely Made in Italy with regard to end-users. We reserve the right, in the name and on behalf of the Sellers, not to accept and not to proceed to purchase proposals that are not received by consumers and users, however, which do not comply with these Terms and Conditions of Sale.
1.2 These General Conditions of Sale exclusively regulate the offer, transmission, and acceptance of the purchase of products on the site between users of the website and us.
1.3 These Conditions of Sale do not regulate the supply of services and/or sale of products by anyone other than us are on the website through links, banners, or other hypertext links. And recommended for the user, prior to purchase of goods and/or services offered for sale by these third parties, controls the general conditions of sale as we will be not responsible for the provision of services and/or the sale of goods and/or the conclusion of any other transaction between users and commercial electronics such third parties.
2. How to Buy (acceptance of Terms and Conditions, Privacy)
2.1 The display of products on the website is a simple invitation to offer.
2.2 To purchase one or more products the user has to select them one at a time and add them to the "add to cart".
2.3 Conclusion of the product selection, the user can view them all in his/her shopping bag that also report an indication of the essential characteristics of the selected products and their prices.
2.4 To complete the purchase, the user must click the "Go to checkout" and will then appear on the checkout page that the user will have to fill out with personal details and then, finally, choose the preferred payment method and proceed with payment.
2.6 The order constitutes a contract proposal addressed directly to us, through the website.
2.7 Immediately upon receipt of the order, our payment system called Magento will send the user a confirmation e-mail ("e-mail order confirmation") that does not constitute acceptance of the order proposal; with this e-mail, we inform the 'buyer to have received the order and it undergoes a process of verification of the data and availability of the products contained therein.
2.8 The purchase contract ends, when the payment will be debited to the customer's bank account, only when the client receives an order acceptance e-mail ("shipment confirmation e-mail") with which TBD Eyewear confirms the conclusion of the contract, informing the client of the shipment of the products (or, in the case of products to be packaged "made to measure" or "on request", when they are put into production) are available and the data of delivery.
2.9 Any product which has not been given confirmation of shipment because it is unavailable, is not part of the purchase contract; in case of ordered products and resulted not available at the time of shipping, we will refund the buyer the price of the product within 30 days of the order date.
3. Prices and availability of products
3.1 On our website are offered for sale only high-quality eyewear and sunglasses. The order constitutes a contract proposal by us.
3.2 The products offered for sale on our website are purchased directly from us, which guarantee to have them in turn procured from manufacturers carefully selected for their stringent quality controls, or to have them produced in strict compliance with all the rules and laws, and ensuring the highest quality and reliability of the products.
3.3 Each product within our website is accompanied by an accurate and detailed description of its essential qualities; we do not guarantee that the images and colours of the products correspond exactly to the real ones, as they may be modified depending on the type of PC monitors, Internet browser used by the user.
3.4 The prices of products may be subject to change; before submitting the order the user is therefore requested to verify the exact amount of the final sale price.
We will use this information only to complete the purchase by the purchaser or to refund the amount already paid in the event of a product not available after payment or in case of exercise of the right of withdrawal, or even if it is necessary to prevent or report to police authorities any fraud perpetrated on our websites.
The sale of products on our website apply the rules applicable by the legislation on legal guarantee of conformity and commercial guarantees for consumer goods in accordance with national and Community legislation, including, in the case of purchases made by users who are Consumers (individuals who access and use this site for personal purposes, unrelated to business, professional or commercial activity) the Consumer Code (Legislative Decree 6 September 2005, n. 206). In particular, we will be liable under that legislation. For more information see Returns and Warranties.
The orders are processed from Monday to Friday from 9:00 to 17:30. The orders placed on Saturday and Sunday will be processed on next Monday. The transport cost is calculated based on the destination country.
We ship primarily through DHL in Italy and the typical delivery time is 3/4 working days. FEDEX and DHL are our international shipping partners and in Europe or Usa the delivery time is 5 working days (this is just an indicative estimate, delivery to minor cities will take longer). If it is not a preorder, the foreseen delivery time is about 10 working days at the latest. The user is invited to read carefully the section of the site dedicated to Shipping that contains the policy adopted by TBD Eyewear in the field of shipping and delivery of products. Further information on the methods and delivery times of the ordered products can be found in the shipping confirmation e-mail (2.8)
If the ordered products on our website were to be delivered extra EU, the buyer may be subject to import duties and taxes, payable once the parcel reaches its destination. Any additional costs for customs clearance shall be borne by the buyer; we cannot predict the amount of such costs over which we have no control. For information on customs policies of foreign countries, we invite the user to contact the local customs office.
A. Information about the article. 13 del D.Lgs. n. 196/2003
The Data Controller
The controller of the information collected through this site is AVFA S.r.l.s., with registered office at Via Fratelli Ruffini 10, 20123 Milano (Italy), registration REA N. MI -2061773, VAT N. IT09002050962, which independently establishes the purposes and methods of treatment, as well as on security procedures to be applied to provide users with the confidentiality, integrity and availability of data.
Optional or compulsory communication of data
The provision of personal data required to us by the user of the website on different occasions collection can be optional or mandatory; in the first case it is necessary for the pursuit of certain objectives related to its businesses of the website and which are identified later in this statement.
The mandatory or optional nature of the provision is specified from time to time, in particular, the mandatory nature of the provision of data will be made recognizable by appending, when single data collection, the asterisk (*) indicates the information that must necessarily be provided.
Any refusal to communicate the information marked as mandatory, for us means it is impossible to achieve the main purpose of the specific collection (the refusal might, for example, make it impossible for us to complete the purchase of products on our website or to provide other services available such as customer support, the sending of the newsletter, etc). The contribution to us of any data other than those marked as mandatory is optional and has no effect in order to achieve the main purpose of the collection.
At present, those handling user data, called "processors" are the following:
1. shippers (Federal Express European Services Inc., Deutsche Post DHL Group) with regard to the processing of data necessary to perform the tasks of shipping, delivering and returning products purchased on our website;
2. PayPal (Europe) S.à.r.l. et Cie, Stripe, S.C.A., with reference to the processing of data necessary for the provision of payment services;
3. Magento, LLC with reference to the processing of data relating to the management of the orders
For any information users can contact our Customer Service sending an email to the email address "email@example.com."
The user also has the right to obtain from us:
a) updating, rectification, integration of personal data;
b) cancellation, transformation into anonymous form or blocking of personal data processed in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) and its contents were brought to the attention of those to whom the data were communicated or disseminated, unless this requirement proves impossible and/or involves the use of means manifestly disproportionate to the protected right.
The user, however, has the right to object, in whole or in part:
a)for legitimate reasons, of the processing of personal data, pertinent for collection purposes;
b) the processing of personal data concerning him for purposes of sending advertising material and/or direct marketing purposes and/or for carrying out market research and/or commercial communication. The exercise of these rights can take place at any time by sending a written request to our email address "firstname.lastname@example.org."To ensure that your personal data is always accurate, current, relevant and complete, the user must take care to signal us any changes at "email@example.com.".
Article 130, paragraph 4, D.Lgs 196/2003
The legislation on the protection of personal data that allows us, without the need to acquire the user's explicit consent, may use the user information for direct marketing activities of products similar to those that he has already purchased, provided that the ' user himself does not accept this use of his e-mail address released.
Authority Provision of 19 June 2008 on simplification of requirements for processing for administrative and accounting purposes.
Under this provision of the Guarantor, we can use the postal address to send the user, in addition to any administrative documents and/or accounting, advertising about products similar to those he has already purchased, provided that the user did not refuse such use of the postal address.
1. treat the users' personal data only for the purposes and in the manner illustrated in the notice presented at the
time of their collection;
2. use the personal data for purposes other than those listed in point 1. only with the express consent of the holder;
3. make data available to third parties only for purposes necessary for the provision of the requested service and as part of a nomination to the controller; outside of this option, not communicate the data, cede or transfer to third parties without the consent expressed the owner of the data, after his appropriate informative;
4. rapid response to user requests for cancellation, modification, integration of personal data, opposition to data processing for the purpose of sending commercial information and advertising;
5. ensure proper, lawful and safe use of personal data of users, while preserving their privacy.
Methods of processing of user personal data
The users' personal data are processed by us mainly through electronic and computer systems, as well as by us, these data are processed by the other "controllers", subjects selected with care for reliability and competence, who carry out operations that are essential to the pursuit connected purposes our use of the website (see above, letter. A).
The specific purposes for which the data are processed are summarized from time to time, in the Ex. Art. 13, D.Lgs 196/2003, that the user is invited to accept when he/she releases his personal data in general, the processing of personal data is done by us, while respecting the principle of strict necessity, for the following purposes:
1. registration to the site;
2. subscription to specific services offered by the site, such as newsletters;
3. fulfillment of orders and related activities;
4. management of payments, including fraud control in case of payment by credit card, in this case, the data released during the purchasing process (name, surname, address, credit card number, delivery address if different from billing) will be sent to the responsible person in charge of fraud control PayPal and processed by it solely for that purpose;
5. management of all requests (technical, commercial, on the progress of orders, etc..) of users,
In some cases, as expressly mentioned in the data of the user, subject to their consent, will be subject to processing in order to create profiles based on his preferences and his purchases in order to send information targeted to the needs and to the users’ interests. Except in the case provided for by art. 130, paragraph 4, D.Lgs 196/2003 (during which the holder may use the users’ information to send e-mails about products and services similar to those already purchased, unless the user has refused such use), we can use the users’ data to send advertising about its services and products, only with the users’ consent.
User data will be disclosed to third parties only with user express consent, except in cases where the disclosure is required by law or is necessary for the purposes prescribed by law for the pursuit of which any consent is required; in such cases, the data may be made available to third parties who will act independently and solely for the above purposes (for example, in the event of a request made by the police or by the courts or other competent authorities or to fulfill obligations arising from contract with the user, as is the case of communication to PayPal or Stripe for payment of the products purchased).
There are, however, treatments for which the law provides the exclusion of consent: for example, we can treat your personal information without obtaining consent when this is necessary to fulfill a legal obligation or when it is necessary for carrying out its contractual obligations towards the user itself (as in the case where the user has purchased products or has requested specific services through our website).
Finally, your personal data will not be transferred abroad to countries other than those belonging to the European Union, which does not provide a sufficient level of privacy protection. In case this is necessary to provide the services or to conclude a contract with us for the purchase of products, we ensure the transfer of personal data to countries outside the European Union that do not provide an adequate level of protection only after the execution of our conclusion of specific agreements and such entities in accordance with law and regulations.
We reserve the right to delete the account and all related data if illicit contents is discovered, damaging the image of us and/or its products and/or any third party, or otherwise offensive, or that promotes illegal activities or defamatory , pornography, inciting violence, or promote discrimination based on race, sex, religion and sexual orientation.
Subjects who process users’ personal data
As has often been pointed out, we use third parties for the processing of personal data in relation to specific activities. These third parties have been carefully selected and have experienced, capacity and reliability and offer sufficient guarantees of compliance with the applicable rules on treatment, including aspects of data security, and they are appointed for this purpose "controllers "and carry out their activities according to the instructions given by us and under its control. The user data are then processed by our employees assigned to specific services.
We can use automatic systems to collect data not directly by the user, such as cookies, which allow to link the user with the personal information registered on the site and are stored on our server and no one can access the information contained therein. Only our company processes the information collected through cookies, it does so only in anonymous and aggregate form to improve our services and the site in relation to the specific needs and preferences of its members. The Internet browser still allows the user to delete cookies after each session.
Links to other websites
8. Applicable law and dispute resolution. Jurisdiction
These General Conditions of sale and privacy are governed by Italian law. The place of jurisdiction in the event of any dispute will be to the city of Milano – Italy.