Terms & Conditions
In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site:
EMIAN BOHE SUNGLASSES SPAIN, S.L. (hereinafter referred as “EMIAN”) is a corporation with registered address in Barcelona, Calle Rambla de la Montaña 93, wharehouse 1, 08041, and email firstname.lastname@example.org EMIAN is duly registered in the Companies Register of Barcelona, in Volume 44351, Folio 0195, Section 1 and Sheet 453593.
Object of the Contract
How to buy Products
Availability of Products
All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, EMIAN cannot provide the requested Product for any reason, it will contact the User as soon as possible in order to report this circumstance. In this case, EMIAN may:
(i) offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or
(ii) offer the User to cancel the requested Order, refunding the amount paid within 14 business days.
Refusal to process an Order
Although EMIAN will always endeavour to process all Orders, there may be exceptional circumstances in which it may be forced to refuse to process an Order after having sent the Order Confirmation, and EMIAN reserves the right to do this at any time at its sole discretion.
EMIAN reserves the right to withdraw any Product from the Web Site at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the Web Site.
All Products contained on the Web Site are original EMIAN products. All Products have a 2-year warranty in accordance with the criteria and conditions described in Legislative Royal Decree 1/2007, of 16 November, approving the consolidated General Act on Consumer and User Protection and other complementary laws.
(i) They adhere to the description given by EMIAN and possess the qualities of the Product that EMIAN has presented to the User as a sample or model.
(ii) They are suitable for the uses normally given to Products of the same type.
(iii) They are suitable for any particular purpose required by the User when this has been reported to EMIAN, provided that EMIAN has accepted that the product is suitable for such use.
(iv) They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item.
In the event of proven Product nonconformity with the required specifications, EMIAN shall where appropriate, repair, replace, reduce the price or terminate the contract, at no cost for the User.
EMIAN shall not be liable for damage to the Products that may result from misuse thereof or from actions or omissions of the User that do not conform to the specifications of each Product, or for damage caused by third parties not related to EMIAN.
EMIAN puts great care in the presentation and description of the Products. However, the photographs of the products are presented by way of illustration. For information on the precise characteristics of each Product, the User must check the description accompanying each Product.
Delivery of Products
Once the Order Confirmation is sent, the Product(s) will be delivered to the address specified by the User when making the Order within approximately one to seven (1-7) working days from when they leave the warehouse of EMIAN.
EMIAN assumes no liability where the Product is not delivered due to the fact that the data provided by the User is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of User or the retention of the Product by Customs.
Delivery times are approximate, although EMIAN tries to meet them.
Delivery costs include transport, insurance and customs at source. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties) are not included; the recipient will have to settle these in cash in order to receive the merchandise.
The recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted.
The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which EMIAN cannot be held responsible. Neither shall EMIAN accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control.
EMIAN does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order
Price and payment of the Products
The prices applicable to each Product will be those published on the Web Site on the date on which the Order is placed by the User. Although EMIAN tries to ensure that all prices listed on the Web Site are accurate, errors may occur. In the event that EMIAN discovers an error in the price of any of the Products that a User has requested, it will inform the User as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If EMIAN fails to contact the User, the order will be considered cancelled and the User shall be fully refunded any amounts paid.
EMIAN shall not be required to provide the User with any Product at an incorrect lower price (even if the Order Confirmation has been sent) if the pricing error is obvious and unmistakable and could be reasonably recognised by the User as an incorrect price.
The prices may change at any time. However, any changes will not affect the Products with respect to which EMIAN has already sent an Order Confirmation.
- a) Form of payment
Users may pay by credit card or Visa debit, Visa Electron, MasterCard or American Express through Stripe. To minimize the risk of unauthorized access, the User’s credit card details will be coded. If the payment is made by credit or debit card, the charge will be made at the time when EMIAN sends the Order Confirmation to the User.b) Value Added Tax (VAT)
The VAT rate will be the legally applicable rate at each time depending on the particular product.
Return and Exchange Policy
Right of withdrawal
Under applicable regulations, in the event that the User is contracting as a consumer, s/he may cancel the contract (except for the cases established by law) and freely return or change the delivered Products at any time within 14 calendar days from the date of delivery (the “Withdrawal Period”).
For Users in Spain, Portugal, France, United Kingdom, Germany and Italy:
The User will be able to return and be refunded with the total amount of the purchase (including the shipping expenses) or exchange the Product for one of a different color or size. The User should ship the returned goods her/himself with the prepaid return label included in the original box with no need to contact EMIAN.
Once the returned Product has been inspected to verify compliance with the requirements of section c) below, and in the case that the User decides not to exchange the Product, EMIAN shall refund the User the amount paid for the Product.
For Users outside Spain, Portugal, France, United Kingdom, Germany and Italy:
The User will be able to return and be refunded with the total amount of the purchase (this amount does not include the shipping expenses) or exchange the Product for one of a different colour or size. The User should ship the returned goods her/himself to:
Rambla de la Montaña, 93, wharehouse 1<palign="justify">08041 Barcelona
Once the returned Product has been inspected to verify compliance with the requirements of section c) below, and in the case that the User decides not to exchange the Product, EMIAN shall refund the User the amount paid for the Product (including shipping expenses)
Return of defective Products
In the event that the User considers that the Product does not conform to the Product’s specifications, the User shall immediately contact EMIAN at the e-mail address email@example.com with details of the Product and the defect and specifying whether s/he chooses to return the Product or to exchange it for an identical Product.
The User may return the Products at the place where they were delivered to a courier which will be sent by EMIAN or return the Product using his or her own means. Once the returned product has been inspected, EMIAN will send within a reasonable time, an email informing the User whether the Product will be refunded or replaced (the “Refund or Exchange Decision”). In that case, the Product will be refunded or exchanged as soon as possible and in any event within fourteen 14 days following the date on which the Refund or Exchange Decision was sent.
In the event of a refund or exchange of a Product, EMIAN shall fully refund the price of the Product to the User, including shipping expenses.
Common provisions for returns
The User shall comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of Products:
(i) To arrange collection of the Product, the User must first contact EMIAN by email at the following address: firstname.lastname@example.org
(ii) The User may evidence his or her right of withdrawal in any manner permitted by law; such right shall in any case be deemed to have been validly exercised by returning the Product;
(iii) The Product must be returned in the same condition in which it was received. EMIAN shall not refund any amount if the product has been damaged, so the User must be careful with the Product while in his or her possession; and
(iv) The refund will be made by using the same form of payment as used to pay for the Product.
Use of the Website
The Users agree to use the Web Site in accordance with the law, morality, generally accepted good customs and public policy.
All information contained on the Website, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property.
These rights belong exclusively to EMIAN, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.
The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Web Site without the prior written consent of EMIAN.
The authorisation for the use of any content of the Web Site can be requested by writing to the e-mail address email@example.com. The provisions of the preceding paragraphs will not under any circumstances mean that EMIAN assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.
The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Web Site belonging to EMIAN, and very specifically, the word “EMIAN” may not be used without the prior written consent of EMIAN.
Links to third party Websites
The links contained in the Web Site, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than EMIAN, are not the responsibility of EMIAN, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages.
Therefore, EMIAN shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy.
The existence of links does not imply any relationship between EMIAN and the owner of the website to which the link is directed.
EMIAN disclaims all liability for:
(i) The functioning of the Web Site, including cases of force majeure and any other cases beyond EMIAN‘s control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service.
(ii) Any errors or security deficiencies that may arise from the use, by the Users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction.
(iii) For any direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site or in any electronic communications, including without limitation technical or human errors in the published data.
(iv) Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or the use of this Web Site or inability to use the Web Site by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
Although it uses its best efforts, EMIAN cannot guarantee the Users access and continuous and uninterrupted use of the Web Site.
Contact and written Communications
For any query or issue in connection with the Orders, the User shall contact EMIAN by email at the following address: firstname.lastname@example.org
Applicable Law and Jurisdiction