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Terms of service

GENERAL CONDITIONS OF SALE

Article 1 – Premises

  • Sons Of Anarchy S.r.l., with registered office in Brescia, Via Padre Giulio Bevilacqua, 7, 25121, Italy, Fiscal Code, VAT and Registrar of Companies of Brescia No. 03943290985, in the person of its legal representative pro tempore (“Company”), is the owner of thise website (“Website”) dedicated to the selling of sunglasses, eyewear and optical products (“Products”), produced and marketed by third parties (“Producers”).
  • These general conditions of sale (“General Conditions”) regulate the relationship between the Company and each user of the Website, who purchases the Products from the Website (“Customer”) and benefits of the other services supplied by the Company, such as, for example, but not limited to, the delivery of Products, the management of the payment of the Products and each related service.
  • The Customers may act on the Website exclusively as consumers, as defined by article 3, letter a) of Legislative Decree no. 206/2005 (“Consumer’s Code”), namely for purposes other than potential entrepreneurial, commercial, handicraft, or professional activities. To such Customers, in addition to these General Conditions, the Consumer Code is applied (“Consumer Customers”);
  • During the registration process on the Website (as defined by the following article 2.1), each Customer shall take vision of and proceed with subscribing these General Conditions and the Privacy Policy (as defined by the following article 12), and any further consent request for privacy purposes provided therein in electronic format, using the “point and click” mechanism (i.e. with a “flag” on non-preselected boxes).
  • At the subscription, the Customer is advised to download and save these General Conditions.
  • The General Conditions may be modified by the Company at any moment. Potential changes and/or new conditions shall be in force from the moment of their publication on the Website and exclusively for Purchase Orders (as defined by the following article 3.3.2) registered and sent by the Customer following said publication. Therefore, the Customers are advised, prior to any purchase, to consult the most updated version of the General Conditions.
  • By subscribing to the General Conditions, the Customer declares to be at least 18 years old and to have capacity to act.

Article 2 – Registration on the Website

  • In order to operate on the Website and purchase the Products, the Customer is required to create a personal account. The registration procedure to the Website (“Registration”) consists in the following phases: i) listing of the Customer’s name, surname, address, city, nation, fiscal code, telephone number, email address, and the password chosen by the Customer; ii) verification and acceptance of these General Conditions and of the Privacy Policy referred to in the following article 12; iii) potential subscription to the newsletter regarding the Company’s Products and activity; iv) confirmation of the personal data entered and of the willingness to register to the Website.
  • The Company warns Customers that it is strictly forbidden to enter, during the Registration, third parties’ personal data, false, fictional or intentionally incorrect data. The Customer undertakes to indemnify the Company from any claims made by third parties or consequence in any way related to the Customer’s breach of said prohibition, without prejudice to actions of the Company to protect their rights.
  • The Customer acknowledges the strictly confidential nature of their personal account and their Registration credentials (username and password), and undertakes to keep them private and not to make them available to third parties, with release of the Company from any responsibility for acts committed in a fraudulent manner by the Customer and/or third parties who have had access to the account due to willful or negligent conduct by the Customer themselves.

Article 3 – Purchase of Products

  • The offer and sale of Products on the Website forms a distance contract between the Company and the Customer, regulated by Legislative Decree No. 70/2003 regarding electronic commerce and by Chapter I, Title III (Articles 45 et seq.) of the Consumer Code.
  • The Products on the Website are accompanied by an indication of the Price (as defined by the following article 5.1) and by an information sheet including the description of the main characteristics of the Product. The Product’s technical and functional characteristics are written by the Producers under their own responsibility and care. In any case, the Customer acknowledges and accepts that the delivered Product may differ from the same Product shown on the Website at the time of the purchase, provided that such differences are not substantial and do not compromise the essential characteristics and functionality of the Product itself.
  • The purchase procedure of a Product consists in the following phases (“Purchase Procedure”):
    • Customer’s selection of the Product on the Website and creation of their cart;
    • filling in of an electronic purchase order form, according to the instructions indicated through the Website and py providing the information required, such as, for example, personal data, delivery address, billing information, etc. of the Purchaser (“Purchase Order”). The Customer acknowledges and accepts that, in case of missing information within the Purchase Order, this latter will be automatically filled in by the Website with the information communicated by the Customer during the Registration (or subsequently amendend within its personal account);
    • selection of the delivery option of the Product and approval of the estimated costs;
    • selection of the payment method, as better defined by the following article 5.3;
    • Purchased Order’s summary, including the final amount due by the Customer to the Company (i.e. the sum constituted by the Price – as defined below – and any potential additional cost);
    • confirmation and transmission of the Purchase Order to the Company, following the instructions on the Website (e.g. click on the “Proceed” or “Complete your purchase” button).
  • Up until the transmission of the Purchase Order referred to in the above article 3.3.6, the Customer is entitled to modify or cancel the Purchase Order.
  • Once the Purchase Procedure is concluded according to article 3.3 above and after the receipt of the confirmation of the payment made by the Customer, the Company undertakes to inform the Customer of the confirmation of the Purchase Order, including: i) reference number of the Purchase Order; ii) essential characteristics of the purchased Product; iii) shipping address and billing address (when different); iv) the Price (as defined in the following article 5.1), the chosen payment method, shipping costs and any additional costs; v) any special conditions applicable to the sale (by way of example, potential discount vouchers); vi) link the General Conditions and the Privacy Policy accepted by the Customer (“Confirmation of the Purchase Order”).
  • The Company informs the Customer of the Confirmation of the Purchase Order within a maximum of 24 hours after receiving the confirmation of the payment made by the Customer, with an email to the address indicated by the Customer during the Registration procedure and/or during the Purchase Procedure. Upon the expiry of said period and in absence of receipt of the Confirmation of the Purchase Order, withtou prejudice to the right of the Customer to contact the Customer Service referred to in the following article 12, the Purchase Order will not be considered as positively concluded, and therefore the Product wil not be deemed purchased by the Customer.
  • Without prejudice to the right of withdrawal referred to in the following article 7, the Customer is requested to verify the conformity of the Purchase Order to the Confirmation of the Purchase Order and to inform the Company of any discrepancies between the two within 24 hours from the receipt of the Confirmation of the Purchase Order. In the event of failure to notify within said period, the Company shall proceed with the Delivery (as defined below) according to the Confirmation of the Purchase Order.
  • The purchase contract is considered completed the moment the Customer receives the Confirmation of the Purchase Order, in accordance with the above article 3.6 (“Purchase Contract”).

Article 4 – Availability of the Products

  • The availability of the Products offered on the Website is regularly monitored and updated by the Company. However, there may be the possibility of a sudden unavailability of the Product for reasons of force majeure and/or outside the reasonable control of the Company, such as, for example, the simultaneous purchase of the same Product by two different Customers. In such events, the Product may result momentarily (or permanently) unavailable, even following the Confirmation of the Purchase Order.
  • In the event of unavailability in accordance to the above article 4.1, the Company undertakes to promptly communicate it to the Customer and to cancel the Purchase Order and the related Confirmation of the Purchase Order (where given), simultaneously reimbursing the amount potentially already paid by the Customer with the same payment method chosen by the latter (said reimbursement will be verifiable by the Customer within the strictly necessary technical time, which also depends on the payment method’s operator).

Article 5 – Price and payment methods

  • All the Product’s prices published on the Website are expressed in Euro or USD (depending on the currency chosen by the Customer) and are inclusive of VAT, if due according to the applicable law (“Price”).
  • The Company reserves the right to modify the Price of the Products, at any moment and without prior notification, without prejudice to the fact that the Price charged to the Customer will be that shown on the Website at the moment of the conclusion of the Purchase Order, without keeping into account any variations of the Price following the transmission of the Purchase Order, in accordance with the above article 3.3.6.
  • During the Purchase Procedure, the Customer shall proceed with the payment of the Price of the Product, choosing one of the following payment methods: a) credit card; b) PayPal; c) Klarna; d) WeChat Pay; e) AliPay.
  • In the event of payment through credit card, the transaction is made in a safe mode, using a SSL Secure Socket Layer protocol. Any credit card’s data (number, date of issuance, etc.) is encrypted and communicated directly to the owner of the payment service chosen without accessing the Company’s server. Therefore, the Company has no access and does not collect any data referred to the credit card used for the purchese of the Product. If the Customer intends to use this payment method, the Customer akcnoweledges and accepts that the Company shall carry out the necessary assesments in order to assess the validity of the payment (e.g. date of issuance of the card, sufficient amount, etc.), and to send the confirmation of the Purchase Order.
  • In the event of payment through PayPal, Klarna, WeChat Pay or AliPay, the Customer is automatically redirected to the website of the payment service provider chosen, where the Customer shall proceed with the payment of the Product in accordance with the procedure provided for and regulated by such payment service provider and according to the contract terms and conditions agreed between the Customer and said payment service provider. The data entered on such websites shall be processed directly by those latters and shall not be transferred to or shared with the Company. Therefore, the Company does neither collect nor memorise in any way the data communicated by the Customer to the payment service provider or the data of any other payment method linked to said accounts.

Article 6 – Delivery of the Products

  • The Company undertakes to deliver the Products purchased by the Customer wordlwide, through the shipping service deemed more opportune, from Monday to Friday during normal office hours, national holidays excluded, to the shipping address and within the term indicated by the Company in the Confirmation of the Purchase Order (“Delivery”), which for the European Customers shall not exceed 30 (thirty) days from the Confirmation of the Purchase Order.
  • Any potential Delivery cost, which may vary based on the shipping method chosen by the Customer (where available), the place of the Delivery and the weight of the Product, if any, shall be exclusively borne by the Customer. The amount, expressed in Euro or in USD (based on the currency chosen by the Customer), and inclusive of VAT – if due according to the aplicable law, is specified during the Purchase Procedure and shall be then confirmed by the Customer within the summary of the Purchase Order and in the following Confirmation of the Purchase Order (“Shipping Charges”).
  • During the Purchase Procedure, the Customer is requested to give prior notice to the Company about any relevant issue about the delivery, that require additional services as:
    • the Delivery address is located in an area subject to traffic restrictions and/or special permits (such as, merely by way of example, restricted traffic area);
    • the distance between the available unloading point and the actual Delivery address exceeds 30 meters;
    • the request of Delivery to the floor; in such event, the Customer shall specify the floor and the stair.

In these cases, in addition to the Shipping Charges, the Customer further undertakes to fully pay to the Company all costs and expenses linked to the provision of the necessary additional services. Such expenses shall be charged to the Customer whenever said additional services become necessary, even in case of no prior request by the Customer. In the latter event, the Delivery period may be deferred for reasons not attributable to the Company.

  • In the event that the purchased Product is not delivered within the period specified in the Confirmation of the Purchase Order, the Company undertakes to contact the Customer, in order to agree to an additional delivery deadline appropriate to the circumstances. In the event of disagreement, or if said additional deadline expires without the Product being delivered, the Customer is entitled to terminate the Purchase Contract, without prejudice to the right to compensation for damage.
  • The Customer undertakes to be present or to appoint a person for the pickup of the Product on the Delivery date specified in the Confirmation of the Purchase Order, or agreed upon in accordance to the above article 6.4.
  • In the event of failure to deliver the Product due to the recipient’s absence at the address and on the date specified in the Purchase Order and the following Confirmation of the Purchase Order, the shipping service appointed by the Company will attempt to perform the Delivery a second time within a short term. In case of failure of this second attempt, the Company contacts the Customer via e-mail, in order to organize a new attempt of Delivery within the next 5 (five) days, while the Product will be freely stored by the shipping service appointed by the Company. In the event of failure of this last shipping attempt or if the Customer does not reply to the Company’e-mail, the Products will be returned to the Company, and the Purchase Contract shall be considered terminated in accordance to article 1456 Civil Code, for fact and fault attributable to the Customer. The Company shall then proceed, within 15 (fifteen) business days from the termination of the Purchase Contract, with the reimbursement of the Price to the Customer, which will be decreased with the amount of the expenses for the failed Delivery, the expenses arisen from returning the Product to the Company, and any other expenses the Company may incur due to the Delivery attempts. The termination of the Purchase Contract and the amount of the refund shall be communicated to the Customer via email. The refund shall be credited with the same payment method used by the Customer for the purchase. If during the aforesaid 30 (thirty) days term the Customer asks for a new delivery of the Product, the Company shall then proceed with a new Delivery, provided that the Company will previuosly charge the expenses related to the Delivery attempts, custody and return of the Products to the Customer.
  • Upon Delivery, the Customer, or the appointed person, undertakes to carry on all the necessary assessment in order to verify the presence of any flaws, or the non-conformity of the received Product with respect to the content of the related Confirmation of the Purchase Order.
  • In case of any flaws and/or discrepancies detected upon the Deliery, the Customer undertakes to: i) report such flaws and/or discrepancies to the Company and raise any requests and/or claims within the receipt of delivery; ii) have the delivery personnel countersign said receipt; iii) keep a copy of the countersigned receipt. Following said report, the provisions set forth in the following article 8.

Article 7 – Right of withdrawal of the Customer

  • Pursuant to article 52 et seq. of the Consumer Code, the Customer has the right to withdraw, in whole or in part, from the Purchase Contract within 14 (fourteen) days from the moment the Customer has received the Delivery of the Product (meaning by delivery the physical possession of the Product), as indicated within the documentation given at the Delivery. For such reason, the Customers shall communicate to the Company their intention to withdraw, in whole or in part, from the Purchase Contract, within said period of 14 (fourteen) days, using the standard withdrawal form provided for by the Company on the Website, or through any other written statement appropriate to clarify the decision to withdraw. Said withdrawal communication shall be sent to the Company by the Customer in compliance with the modalities indicated by the Company on the Website, within the Confirmation of Purchase Order or communicated by the customer service according to following article 11.
  • The Customer undertakes to return to the Company, at the address specified at the following article 12, the Product¾which shall be intact and in its original state and packaging¾without undue delay and anyway within 14 (fourteen) days from the exercise of their right of withdrawal in accordance to the above article 7.1, in compliance with the modalities indicated by the Company on the Website, within the Confirmation of Purchase Order or communicated by the customer service according to following article 11. The costs arising from the return of the Product are at the sole expense of the Company.
  • In the event of the exercise of the right of withdrawal in accordance with the above articles 7.1 and 7.2, without prejudice to articl 7.5 below, the Company undertakes to reimburse the Customer of the Product’s Price, excluding the Shipping Charges and any other expenses arising from requested additional services, without undue delay and anyway within 14 (fourteen) days from the moment of the Customer’s communication of withdrawal. Said refund shall be carried out using the same payment method chosen by the Customer for purchasing the Products, unless otherwise request in writing by the Customer. The Customer shall not bear any costs arising from said refund.
  • Pursuant to the Consumer Code, the reimbursement referred to in the above article 7.3 is subject to the Company’s receipt of the returned Product, or to the Customer’s proof of having proceeded with the return of the Product following the terms and conditions specified in these General Conditions.
  • The Customer acknowledges to be responsible for any potential decrease in value of the Product resulting from a manipulation or use of the good other than that necessary to establish the nature and the extrinsic characteristics of the Product (such as, break of any potential label or other “security safeguards”, etc.). In the event of an established decrease in value of the Product, the amount of the refund shall be reduced by an amount equal to said decrease in value. In such cases, the Company undertakes to inform the Customer, within 5 (five) days from the return of the Product, regarding the outcome of its own examination and the resulting reduced amount of said refund.

Article 8 – Legal Warranty of the Product for the Customer

  • All Products sold on the Website are covered by the legal warranty of conformity of products set forth by article 128 et seq. of the Consumer Code. The Company shall be responsible with regard to the Customer for any existing conformity defect at the moment of the Delivery of the Product and which is manifested within 2 (two) years from said Delivery, provided that the Customer report to the Company such defect within 2 (two) months from the moment that it has been discovered, under penalty of forfeiture of the right.
  • In order to benefit from the legal warranty referred to in the above article 8.1, the Consumer Customer is required to provide evidence of the conclusion date of the Purchase Contract and of the Delivery of the Product. Therefore, the Customer shall preserve the Confirmation of the Purchase Order, the purchase receipt, and the shipping document.
  • There is a conformity defect according to article 8.1 above when the purchased Product: i) is not fit for the use to which goods of the same type are usually served; ii) does not conform to the Company’s and/or Producer’s description; iii) does not present the usual qualities and performances of a good of the same type, which the Customer may reasonably expect, given also the statements found on the Website.
  • In the event of conformity defects duly reported in accordance with the above article 8.1, the Customer has the right to:
    • primarily, the free repair or replacement of the Product, at his/her choice, unless the requested option is objectively impossible or excessively expensive for the Company compared to the other;
    • secondarily and alternatively (e.g. in the event that the repair or replacement are impossible or excessively expensive, or have not been carried out within a reasonable period, or the repair or replacement previously carried out have caused considerable inconvenience to the Customer), the reduction of the Price or to the termination of the Purchase Contract, at their choice. However, it is not permitted to the Customer to terminate the Purchase Contract where the conformity defect is minor and where it has not been possible or, where possible, it has been found to be excessively burdensome, to undergo the remedies referred to in the above article 8.4.1.
  • Pursuant to and for the effects of the above article 8.4, the Customer acknowledges that the requested remedy is considered excessively burdensome if it charges the Company of unreasonable expenses compared to the alternative remedies that may be undergone, taking into account (i) the value that the Product would have, had there not been the conformity defect; (ii) the entity of the conformity defect; (iii) the possibility that the alternative remedy may be undergone without considerable inconvenience for the Consumer Customer.
  • In any case, merely by way of example, the Customer is not entitled to the remedies provided for by the above article 8.4 if:
    • the Product has been repaired and/or altered by parties other than the Company or any other party authorised by the Company for this purpose;
    • the Product’s defects are due (entirely or partly) to: i) improper use and/or poor conservation of the Product by the Consumer Customer; and/or ii) faulty maintenance performed by parties other than the Company or any other party appointed by the Company for this purpose;
    • at the moment of the conclusion of the Purchase Contract, the Customer was aware of the Product’s conformity defect and/or could not ignore it with the ordinary diligence.
  • In order to exercise the rights provided for in this article 8, the Customer is advised to contact the Company, without undue delay, through the channels referred to in the following article 11, and to follow the procedure given by the Company itself in the following communications. The Product subject to the Customer’s claims shall be sent to the Company or the parties indicated by the latter (e.g. the Producers), who shall carry out all necessary examinations to verify whether the complained defect exists.
  • In addition to the legal warranty referred to in the above article 8.1, the Producers, at their own discretions, may offer to the Customers a further conventional warranty, with the terms and conditions specified in the concerning informative documents provided for by the Producers themselves, to which the Company refers to for any information.

Article 9 – Customer’s Responsibility

  • The Customer is the sole responsible for the correct and non-fraudulent use of the Website, with release of the Company from any possible liability for fraudulent actions of the Customer and/or third parties with access to the Customer’s data entered during the Purchase Procedure and/or in the Customer’s account created upon the Registration, as the result of willful misconduct or negligence of the Customer itself.
  • In the event of fraudulent use of the Website by the Customer with accordance to, by way of example, the above article 9.1, the Company may terminate with immediate effect these General Conditions and the potential Purchase Contracts in place, pursuant to and for the effects of article 1456 Civil Code, through a written communication mailed at the addresses entered by the Customer during the Purchase Procedure and/or the Registration. In such events, the Company reserves the right to cancel the Registered Customer’s account, following prior communication sent to the email address entered by the Customer itself upon Registration.

Article 10 – Advertising Material – intellectual and industrial property Rights

  • The material regarding the Products (e.g. pictures, images, descriptions, etc.) is published on the Website for informational purposes only, related to the essential characteristics of the Products, without being contractually binding. For any further detailed information, the Company advises each Customer to access to the Products’ commercial documentation available on the Website and/or the websites of the Producers themselves.
  • The Website is owned by the Company and provides content protected by the rules governing industrial property (e.g. trademarks, texts, pictures, images, drawings, models). Any use, disclosure, and reproduction, in whole or in part, on any device of the Website’s contents for purposes not strictly related to the Product’s use are forbidden.

Article 11 – Customer Service

  • The Customers may contact the Company’s customer service, from Monday to Friday, during business hours, excluding public holidays, following the procedure described in the Website’s “Contact” section, or at the following addresses: “orders@.indice.vision” (“Customer Service”).
  • The Customers are advised to submit any complaints to the Customer Service.
  • Unless otherwise communicated by the Company, in the event of any return and/or restitution of the Product, the Customer is requested to ship said Product to the Company at the following address: “indice” – Via Padre Giulio Bevilacqua, 7, 25121, Brescia, Italy, using a delivery with tracking number.

Article 12 – Privacy

  • For the purposes of these General Conditions, the Registration, and the execution of the Purchase Contract, the Customer shall communicate to the Company personal data and information pursuant to and for the effects of EU Regulation No. 2016/679 and Legislative Decree No. 196/2003 (as amended by the Legislative Decree No. 101/2018). Such data and information are processed by the Company in accordance with the aforesaid regulations and its own privacy and cookes policy, which is drafted pursuant to article 13 of the Regulation, subscribed by the Customer during the Registration procedure, and available at the following link [•] (“Privacy Policy”), which forms an integral part of these General Conditions.

Article 13 – Miscellaneous

  • In the event that one or more dispositions of these General Conditions are declared by law or judicial order, in whole or in part, invalid, illegal or otherwise not enforceable, the remaining dispositions, in whole or in part, shall remain binding and/or applicable by and between the Parties.
  • Notwithstanding any other provision of the General Condition, if the Company were unable to fulfill its contractual obligations due to fires, wars, strikes, embargoes, governmental, civil, or military regulations, omissions and negligence of carriers or suppliers, vandals or hackers, breakdown or malfunctioning of third parties’ networks, telecommunication equipment, website, software and hardware or any other technologies, or due to any other event beyond the Company’s reasonable control (“Force Majeure”), the period for the performance of the services in question shall be extended for the timeframe of delay or inability to perform due to the specific causes of Force Majeure. It is understood that the prolongation of a situation of Force Majeure for more than 60 (sixty) days shall allow the Customer to withdraw from the Purchase Contract of the Product, it being understood that the Company shall not be charged of any compensation, except from the reimbursement of the Price, Shipping Charges, and any other expense arising from additional services.
  • The Customer may not transfer, in whole or in part, the Purchase Contract, and may not transfer any right or obligation arising from the latter, without prior written consent of the Company.

Article 14 – Governing law and Jurisdiction

  • The General Conditions are regulated by the Italian law.
  • Any dispute related to the General Conditions, including their execution, interpretation, and/or termination, shall be submitted to the Court competent in the Customer’s area, unless they decide to appeal to the Court of Milan.
  • The Company reminds the Customer that, pursuant to article 14 of EU Regulation No. 2013/524, and without any obligations, the Customer may find all the useful information to access to online dispute resolution mechanisms (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.