TERMS & CONDITIONS

Centro Optico Iberico recommends that you read the Terms and Conditions below carefully.

By accessing and using this Website, the user declares to have read, understood and accepted the Terms and Conditions presented, without the need for any subsequent act or consent.

Access to and use of other Centro Optico Iberico platforms are likewise governed by these Terms and Conditions to the extent applicable and with the respective adaptations.

The Terms and Conditions may be altered at any time, with the alterations taking effect from the date they are updated on the website.

Subsequent access to and use of the website or platforms by the user will be considered an unequivocal sign that the user has read, understood and accepted the new changes to the Terms and Conditions.

1 INTRODUCTION

This document regulates the terms and conditions of use of this website and the agreement between us (Centro Optico Iberico/Seller) and You (user).

These Terms enshrine the rights and obligations of all users and Centro Optico Iberico in relation to the goods/services made available on this website or on any other website to which there is a hyperlink (Centro Optico Iberico Services).

Before pressing the "CONFIRM ORDER" button at the end of the order process, you should read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order.

These Terms are subject to change and you should read them before placing any order.

If you have any questions about these Terms, please contact us using our website or via our electronic form.
Perfil Visual Lda, is a Portuguese company with its head office at Av. Combatentes da Grande Guerra, 14 - 4750-279 Barcelos Portugal. Our tax number is PT 517306239.

2. USE OF THIS SITE

These Terms are the only conditions applicable to the use of this website and take precedence over any other conditions, unless expressly agreed by the Seller in advance in writing. These Terms are important to both parties, as they are intended to protect your rights as a customer as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.

By placing an order, you confirm that you have read these Terms, which you accept without reservation.

The user accepts that:

• You may only use this website for legitimate enquiries or orders.
• You will not place orders of a speculative, false or fraudulent nature. If we have reasonable grounds to believe that an order is of this nature, we reserve the right to cancel it and inform the competent authorities.
• You are obliged to provide a correct and complete email address, postal address or other contact details and agree that we may contact you using these details if we deem it necessary. If you do not provide the Seller with all the information it deems necessary, it may not be possible to finalise your order.
• You may only use this website for legitimate enquiries or orders.
• You will not place orders of a speculative, false or fraudulent nature. If we have reasonable grounds to believe that an order is of this nature, we reserve the right to cancel it and inform the competent authorities.

By placing an order through this website, the user declares that they are over 18 years of age and have the legal capacity to enter into contracts.

3. CONTRACT FORMATION

The information contained in these Terms does not constitute an offer to sell, but merely an invitation to negotiate. No contract relating to the products mentioned shall be entered into between the Seller and the user unless the order has been accepted by the former (regardless of whether or not a debit has been made to the user's account). If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.

To place an order, follow the online purchase process and press the "CONFIRM ORDER" button.

You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. The order only constitutes an offer to buy one or more of our products.

Any order is subject to acceptance by the Seller, which will always be confirmed by sending an email informing us that the product(s) have been dispatched - Dispatch Confirmation.

The contract of sale between the Seller and the user (Contract) will only be formalised with the communication of the Dispatch Confirmation. The Contract shall only relate to the products mentioned in the Dispatch Confirmation. The Seller shall not be obliged to supply any other products that may be included in the order until such time as they have been dispatched with another Dispatch Confirmation.

4. PRODUCT AVAILABILITY

Centro Optico Iberico ships orders throughout Europe within a delivery time stated at the time of checkout, depending on the destination country.

The couriers with whom we have protocols make deliveries from Monday to Friday, between 8am and 7pm, to the address of your choice.

In the case of mainland Portugal and Madeira, deliveries are made within 3 working days if the order is placed by 14.30. For the Azores, the delivery time can vary between 4 and 7 working days.

Track my order

When your parcel is dispatched, you will receive a code in your email so that you can locate it on the website of the carrier you have chosen. If you have any difficulties locating your parcel, please contact us at [email protected] This email address is being protected from spambots.

Difficulties in making the delivery

If the courier is unable to deliver the parcel, it will make another attempt the following day or contact you to arrange a new delivery. In the specific case of CTT, a postcard will be left for you to pick up the parcel at the post office.

5. ORDER REFUSAL

The Seller shall not be liable to you or any third party for the withdrawal of any product appearing on this website, for the alteration or deletion of any materials or content on this website, or for the refusal to complete the processing or to accept any order which has been the subject of the sending of an Order Confirmation.

6. RIGHT OF FREE USER RESOLUTION - "Cooling OFF"

The user contracting as a consumer may freely terminate the Contract within 14 days from the date of delivery of the products. In this case, the user will be refunded the full price paid for the products, in accordance with the Return Conditions (Exchanges & Returns).

Please refer to the Returns Conditions on how to return products.

The right to terminate the Contract shall only apply if the products are returned in the same condition in which they were received by the user. The user must return the product with all instructions, documents and packaging materials. Any product that is damaged, that is not in the same condition as it was received by the user, or that shows signs of use beyond the mere opening of its packaging will not be refunded.

Please take due care when handling the product(s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials in your possession for later return and collection of the products.

More detailed information on the right to terminate the contract and explanations of how to do so are set out in clause 12 of these Terms. This provision is without prejudice to any rights arising from the law.

7. DELIVERY

Subject to their availability (see clause 4 above), we will use our best endeavours to ensure that, save in exceptional circumstances, the products set out in a Dispatch Confirmation are delivered to you on the date indicated therein, or if no date is indicated, within 14 days of the date of the Order Receipt Confirmation.

We cannot be held responsible for delays in delivery.

Possible reasons for the delay include

• Specialised products;
• Unforeseen circumstances;
• Delivery area;

If, for whatever reason, the Seller is unable to deliver on the scheduled date, the user will have the option of keeping the order by extending the delivery time or cancelling it for a full refund. You should note that, in any case, we do not deliver on Saturdays or Sundays.

For the purposes of these Terms, a "delivery" is deemed to have been made or a product is deemed to have been "delivered" with the signature of the delivery receipt at the agreed address.

8. IMPOSSIBILITY OF DELIVERY

If the Seller is unable to deliver after 1 attempt, he will endeavour to find a safe place to leave the ordered product. A note will be left explaining where the product is and how the order can be collected.

9. RISKS AND OWNERSHIP

From the moment of delivery, the risks relating to the product supplied shall be borne by the user.

Ownership of the products supplied shall only pass to the user when the Seller has received full payment of the sums due for the supply of the product, including delivery charges, or after delivery, whichever is the later.

10. PRICE AND PAYMENT

Except in the case of obvious error, the price of the products will be the one indicated at any given time on our website. Although we endeavour to ensure that all prices indicated on the website are correct, errors may occur. If we find that the price of a product in an order is incorrect, we will inform you as soon as possible, giving you the choice of reconfirming the order at the correct price or cancelling it.

If the user cannot be contacted, the order will be cancelled and the user will receive a full refund of the price of the products, if they have already paid for them.

The Seller shall have no obligation to supply any product at an incorrect price (if lower), even if a Dispatch Confirmation has already been dispatched, if the error is notorious, unequivocal and should have been identified by the user under reasonable circumstances.

The prices indicated on this website include VAT (where applicable), but do not include delivery costs, which will be added to the final price.

We reserve the right to refuse large or valuable orders. All prices and quantities available are subject to change at any time but, except as stated above, such change will not affect orders for which a Dispatch Confirmation has already been dispatched.

You can pay via a Paypal account with Visa, Maestro, by ATM reference, MBway or bank transfer. The Seller uses PayPal Business Services to process all its payments. Check out the companies' websites to find out more about their services: https://www.paypal.com.

By making the payment you are confirming that you are the holder of the card or PayPal account. The authorised amount will be debited at that time.

Credit cards are subject to validation checks and authorisation by the issuers, but if the card issuer does not authorise payment, the Seller will not be held liable for any delay or non-delivery and may not conclude the Contract with you.

11. VALUE ADDED TAX

In accordance with the rules and regulations in force, purchases made through this website are subject to Value Added Tax (VAT) where applicable.

Retail prices, whether for an individual customer or a company, include Value Added Tax (VAT) where applicable.

12. RETURN CONDITIONS

We are focused on customers who value their time and favour the added value of services that meet their needs. That's why we care about your satisfaction, and that's why we need to make the rules clear.

You have the right to exchange or return your products due to cancellation, defect or non-conformity. However, you should be aware that we will not exchange products if they have been tampered with or used.

Any refund process for withdrawal or product defects will only be initiated once the customer has received the product and checked its condition.

This policy extends to all products available in the shop.

Return for withdrawal

The User has up to 14 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made to their specification or personalised). The User will be responsible for transport costs (shipping and collection costs). These costs will be deducted from your initial payment and the remainder will be returned to you. If the shipment was made by registered CTT with free postage, the shipping costs will be charged:

Portugal 3€, Europe 6€ and Rest of the World 8€.

Return of defective products

If the user believes that the product supplied on delivery does not comply with the terms of the Contract, the user must promptly contact the Seller by email, informing the Seller of the condition of the product and its defects.

We will inspect the returned product and inform you of your right to a replacement or refund (if applicable) by email within a reasonable period of time. The refund or replacement will be made as soon as possible and, in any case, within a maximum of 30 days from the date of the email confirmation. Products returned by the user for reasons of defect, if confirmed, will be reimbursed for the full amount paid, including delivery costs and return costs. Any amount paid will always be refunded via the payment method used to purchase the product.

In the case of international shipments, it is possible that customs may open the packaging for verification and possible taxation. In this case, the product may arrive at the customer's home with signs that the transport packaging has been tampered with. The customer should check carefully upon receipt that their product is in conformity and without evidence of having been used.

Faulty or damaged in transit - We will exchange it.

Authorisation for the process to begin
To obtain authorisation for the return, the customer must inform Centro Optico Iberico. Our operators will inform you of the procedures to be followed to make the exchange or return.

How does the product have to be returned?
The product must be returned as new, together with the documents and manuals (if any). We do not accept the return of products that indicate they have already been used.

Return costs
Transport costs for exchanges or returns without confirmation of defects are the responsibility of the consumer.

Exchanges requested due to defects or damage during transport will be the responsibility of Centro Optico Iberico.

Address for returning products

IBERICO OPTICAL CENTRE
Av. Combatentes da Grande Guerra, 14
4750-279 Barcelos
Portugal

We will not exchange or return products that do not fulfil the above conditions.

These provisions are without prejudice to any rights that the user may have as a direct result of the law.

13. PRIVACY POLICY

The Seller respects your privacy. Any and all information collected on the website will be kept confidential and will not be sold, provided or reused by third parties without your authorisation. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our website. - See Full Privacy Policy.

14. LIABILITY AND EXCLUSIONS

The Seller's liability in respect of any product purchased through this website is limited exclusively to the respective purchase price.

Nothing in these Terms is intended to exclude or limit the Seller's liability:

•  For death or personal injury caused by your negligence;
• For fraud or fraudulent misinformation;
• In respect of any matter where the exclusion or limitation of, or the attempt to exclude or limit, the Seller's liability is unlawful.

Without prejudice to the provisions of the preceding paragraph, the Seller, to the fullest extent permitted by law and except as otherwise provided in these Terms, rejects any liability whatsoever for indirect loss or damage occurring as a consequence of the main loss or damage, even if arising from the commission of a tort, contractual or non-contractual, including mere negligence, whether or not foreseeable, such as:

• loss of business;
• loss of income or revenue;
• loss of results or contracts;
• lost profits;
• data loss;
• of management time and hours of activity.

Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, unless expressly stated otherwise herein.

All product descriptions, information and materials on this website are provided on an "as is" basis and without any express, implied or consequential warranty of conformity for any reason whatsoever.

To the fullest extent permitted by law, the Seller does not assume any type of guarantee, but this does not imply the exclusion of liability that cannot be legally excluded under consumer rights.

Nothing in this clause shall prejudice the user's legal rights as a consumer or affect their right to terminate the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright (trademark) or trade mark rights and other intellectual property rights in any and all material and content forming part of this website remain at all times the property of the Seller or its licensors. You are permitted to use such material only to the extent expressly authorised by us or our licensors. This does not prevent you from using this website to obtain a copy of an order or the terms of the Contract.

16. WRITTEN COMMUNICATIONS

Applicable legislation requires that some of the information or communications that the Seller sends to users be in written form. By using this website, you agree that communication between you and the Seller is mainly in electronic form. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you accept this electronic means of communication and recognise that any contracts, notices, information and other communications that we transmit to you electronically satisfy the legal requirement that such communications be in writing. This provision is without prejudice to any rights you may have which arise directly from the law.

17. COMMUNICATIONS

All communications from you to us must be sent via an electronic form. Without prejudice to the provisions of clause 16, we may communicate with you either by email or by post to the address on your order. Any communication shall be deemed to have been received when it is entered on the Website, 24 hours after an email is sent, or on the third day following the date on which it is sent by post. To prove that a communication has been sent, in the case of postal delivery, it is sufficient to prove that the respective letter has been correctly addressed, sealed and delivered to the post office and, in the case of email delivery, that the same email has been sent to the email address indicated by the user.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between the Seller and the user binds the parties and their respective successors and assigns.

You may not transfer, assign or encumber your contractual position, or otherwise dispose of the Contract or any rights or obligations arising therefrom, without our prior written consent.

The Seller may transfer, assign or encumber its contractual position, subcontract or otherwise dispose of the Contract or any rights or obligations arising therefrom at any time during its term. However, no transfer, assignment or encumbrance of such position, or act of disposition of the contract, may have the effect of limiting your legal rights as a consumer or reducing or limiting in any way any warranty expressly or implicitly provided by us to you.

19. EVENTS BEYOND THE SELLER'S CONTROL

The Seller shall not be liable for failure to fulfil, or delay in fulfilling, any obligation under the Contract which is due to an event beyond its reasonable control ("Force Majeure Event"). A Force Majeure Event comprises any event, act or omission beyond the reasonable control of the Seller and includes, in particular (but not exclusively), the following:

• Strikes, lock-outs and other industrial action
• Civil uprisings, rioting, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of using rail, sea, air, road or other public or private means of transport.
• Impossibility of using public or private telecommunications networks.
• Government laws, decrees, regulations or restrictions.
• Any strikes, interruptions or accidents affecting relevant postal or transport services.

The Seller's obligation to fulfil any Contract shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of its term equivalent to that duration. The Seller shall use reasonable endeavours to put an end to a Force Majeure Event, or to find a solution that allows the fulfilment of its contractual obligations despite the existence of a Force Majeure Event.

20. RENUNCIATION

If we, at any time during the term of the Contract, refrain from requiring strict fulfilment of any of your obligations under the Contract or these Terms, or from exercising any right or remedy provided for therein to terminate such non-compliance, this shall not constitute a waiver of such rights and remedies and shall not relieve you of your obligations.

A waiver by the Seller of the exercise of any right or faculty in the face of a given situation of non-compliance by the user does not mean a waiver of rights or faculties in the face of a subsequent situation of non-compliance.

The Seller's waiver of any right arising from the Contract or these Terms shall only be effective if it is set out in a written communication sent to the user in the manner provided for in the Communications clause, in which it expressly states that it waives such right.

21. REDUCTION

The declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these Terms & Conditions shall not affect any of the remaining provisions, which shall remain in full force and effect.

22. FULL AGREEMENT

These Terms and any document referred to in them constitute the entire agreement between the parties relating to the formation of a Contract and prevail over any previous agreement, understanding or combination, whether in written or oral form.

Both parties recognise that, when entering into the Contract, neither of them based its motivation on a statement, commitment or promise made by the other, or which could be considered implicit in something that had been said or written in negotiations between the parties at a time prior to the conclusion of the Contract, unless otherwise stated in these Terms.

Neither party may take advantage of the fact that the other has made an untrue statement, either orally or in writing, prior to the conclusion of a Contract (unless such statement was made with fraud) and may only rely on the rules of breach of contract that result from these Terms.

23. MODIFICATION OF THE TERMS OF SERVICE BY THE SELLER

We have the right to change these Terms of Service at any time. You are subject to the principles and terms in force on the date of your order, unless the law or competent authority imposes any change to them (and such changes apply to orders already placed).

24. APPLICABLE LAW AND JURISDICTION

The contract of purchase through our website is governed by Portuguese law and the competent court shall be that of Barcelos, with waiver of any other.