Delivery a todo el país

Terms

Carolina Lemke Online Store

Terms of Sale

1. Definitions

1.1 ‘Site’ – the website whose address is www.carolinalemke.com, which serves as an online store for the sale of the Company’s products.

1.2 ‘Company’ – Carolina Lemke limited., a private company incorporated under the law of England, reg no. 9522207, having its registered office situated in England and Wales. For Contact details please see below.

1.3 ‘Product’ – the product or products ordered by the Customer from the Company via the online store on the Site.

1.4 ‘Customer’ – a person who places an order for the Product on the Site’s order page and completes all of the required details as stated in section 3 below.

1.5 ‘The chain of stores’ – the branches of the company, that the company operates under the ‘Carolina Lemke Berlin’ brand, whether directly or through its authorized franchisees, which are not online and/or Internet stores, but physical stores, located around the world.

2. Interpretation

2.1 These Sale Terms apply to the supply of all Products by the Company, and the Customer accepts that these terms will govern all relations between it and the Company in relation to the Products to the exclusion of any terms and conditions contained in any of the Customer’s documents even if the same purport to provide that the Customer’s own or some other terms shall apply or prevail.

These Sale Terms do not affect the Customer’s statutory right.

2.2 The Sale terms apply solely to transactions made through the Site and do not apply to transactions made in one of the Company’s retail stores which are subject to separate sale terms.

2.3 The division into sections and the titles of the sections are for the sake of convenience only and shall not be used for interpretation.

2.4 In these Terms of Sale, the singular includes the plural, and vice versa, and the masculine language also implies the feminine, and vice versa, as applicable.

3. Customer Obligations

3.1 The Customer must (i) be at least 18 years of age, (ii) have an active email address and a physical mailing address in Europe, (iii) be an authorized user of one of the following valid credit cards: Visa, Isracard, MasterCard, American Express and/or a PayPal account.

3.2 A purchase from the Site through the PayPal system is dependent on compliance with all the terms and requirements of PayPal.

3.3 If the Customer is placing an order for spectacles (as long as such an option is available on the site), then the Customer must provide the following further confirmations:

(i) The Customer is not ordering spectacles for anyone under 16 years old;

(ii) The Customer is not registered blind or partially sighted;

(iii) The Customer holds a written prescription for their spectacles issued to the Customer by a registered optician or registered optometrist within the last 24 months (or within the last 12 months if the Customer is over 70 years old) and the person issuing that prescription has not recommended that the Customer has a further sight test before the date of the Customer’s order;

(iv) The Customer has submitted complete and accurate details of the above prescription, or has submitted a copy of the above prescription itself, to the Company with the order;

(v) The Customer will provide to the Company on request any further information from the above prescription that may be available to the Customer, for example any notes written on the prescription;

(vi) The Customer is not aware of any reason why the spectacles ordered may be unsuitable for use by the Customer;

(vii) If the prescription has a sphere or cylinder power higher than + or – 5.00D, the prescription details submitted include the back distance vertex (BVD) and the Customer will have the BVD verified, and adjusted if required, by their optician or optometrist before using the spectacles; and

(viii) If the prescription does not include a pupillary distance measurement (PD), the Customer’s optician or optometrist has confirmed that the use of a default measurement will be satisfactory and will not have a detrimental effect on the Customer.

3.4 The Customer acknowledges that the Company’s default PD measurements (in the event that the prescription does not include a pupillary distance measurement), will normally be as follows:

However, the above default measurements may vary slightly based on factors such as the frame size of the spectacles.

3.5 The Customer acknowledges the Company will rely upon the accuracy and completeness of the information provided by the Customer for the purposes of the preparation and supply of the Product. The Company excludes, to the fullest extent permitted by law, all liability for any loss or damage suffered or incurred by the Customer which arises from the provision of inaccurate or incomplete information by the Customer to the Company.

4. Products and Prices

4.1 The main characteristics of the Products are stated on the Site. The description of the Products and the price will be stated in the Customer’s order and confirmed in the Company’s confirmation of the order.

4.2 The Products will be of satisfactory quality and fit for the purpose for which such products are normally supplied. The Company is not obliged to maintain or repair the Products once they have been supplied to the Customer in good condition and in compliance with the contract. The Company is not liable for any damage to the Products caused by any misuse, mistreatment or other failure by the Customer to take care of them after delivery.

4.3 Pictures of the Products on the Site are intended for illustrative purposes only, and there may be differences between the pictures presented on the Site and the actual Products that will be supplied to the Customer.

4.4 The Company seeks to ensure that information on the Site regarding frame dimensions is as accurate as possible, but some frame dimensions rely on data supplied by the manufacturer and batches of frames supplied to the Company may have slight variations in size and accordingly any sizes specified are only a guideline for fitting purposes and are not guaranteed.

4.5 The Company seeks to ensure that prices and price-related information displayed on the Site is accurate, but it is possible that errors may occur including that Products may be mis-priced. In this event the Company will notify the Customer of the error and the Customer will have the choice either to accept the correct price or to cancel the order and receive a full refund.

Subject to the above, the price payable by the Customer for the order will be the price of the Products ordered as stated on the Site at the time of order, plus the Company’s shipping charge for shipping, packing and delivery depending on the delivery address, and VAT or other sales tax where applicable at the rate applying at that time.

4.6 To the extent permitted by law, Only the verbal description of the product on the site will bind the company, subject to any other provision in the Terms of sale, including the provision regarding an error in section 4.5 above.

The customer shall be precluded from claiming that there is an incompatibility between the product that he ordered on the site and the product that he actually received, except in the following cases:

1. In any case where the name of the model of the product that he received is different from the name of the model that he ordered from the site.

2. In a case where the color of the product is completely different from the color that was ordered on the site (the color stated verbally in the order, and not the color that appears from the picture on the site). Without derogating from the generality of the aforesaid, it should be clarified that differences in the shade of color of the product in the picture that appears on the site, as opposed to the actual shade of the color shall not be regarded as an incompatibility as aforesaid.

It should be clarified that in the event of receiving a product that is incompatible with the order, as stated in sections 1-2 above, or in a case of receiving a defective product, the customer will be entitled, subject to the company’s approval that there is an incompatibility and/or a defect, to cancel the transaction pursuant to the provisions of any customer protection law or regulations, or alternatively to an exchange of the product by courier, at the company’s expense, at the customer’s choice.

4.7 The Company does not guarantee, represent or warrant the reliability, accuracy or completeness of information on the Site and excludes liability for any loss or damage that may arise from the use of or any action taken in reliance on any information appearing on the Site.

5. Ordering Process

5.1 The Customer warrants that the information provided to the Company during the ordering process is complete, accurate and correct.

If the Customer has provided any false personal details their order is invalid and they may be the subject of legal proceedings, both criminal and civil, including claims for any damages caused to the Company and/or to anyone acting on its behalf.

5.2 After entering all the required details and/or performing all the required actions in the ordering process, the Customer will receive an initial automated email confirming receipt of the order. This email only confirms that the order has been received by the Company’s system and is not a confirmation of purchase or an acceptance of the order and places no obligation on the Company to supply the Product.

5.3 The Customer’s order will only be accepted by the Company and the purchase made when the following conditions have been satisfied:

5.3.1 The Company has received confirmation of the Customer’s payment for the Product (full payment must be made before ownership of the Products passes to the Customer);

5.3.2 The requested Product is in stock (all products advertised on the Site are subject to availability whether or not stated to be limited availability);

5.3.3 The Company has verified that Customer’s address is located in the Company’s distribution area;

5.3.4 If the Customer has placed an order for prescription spectacles, the Customer has provided any further information and answered any further questions which the Company may have requested in relation to the order and/or the Customer’s current prescription;

5.3.5 If the Customer has placed an order for prescription spectacles, the Company has not advised the Customer that the spectacles ordered may cause discomfort and has not contacted the Customer to query or reject the order; and

5.3.6 There is no other reason why the Company should not complete the purchase.

5.4 Acceptance of the Customer’s order will only occur when the Company sends an order acceptance email to the Customer, at which point a contract will come into existence between the Company and the Customer. The contract for the supply of the Products will consist of these Sale Terms, the Customer’s order and the Company’s order acceptance.

5.5 The number of days for delivery of the Product to the Customer will begin only when the Customer receives the order acceptance email from the Company that the purchase transaction has been made. The Company will take all reasonable steps to ensure that the Products are delivered to the Customer as soon as they are available and in any event within 30 days after acceptance of the order. However, delays may occur for reasons which are outside the Company’ control. If the Company becomes aware that delivery may be delayed by more than 30 days after acceptance of the order, the Company will inform the Customer of the new expected delivery date. If the longer period is agreed, the Company will send notice of confirmation of the agreement to the Customer. If the Customer is not willing to accept a longer period, the Customer may cancel the order and in those circumstances the Customer will not be charged for the Products and the Company will make a full refund to the Customer.

5.6 If any of the conditions stated in sections 5.1 or 5.3 above is not fulfilled the transaction will not be regarded as accepted by the Company and will be cancelled automatically. The Company will notify the Customer accordingly.

In order to proceed with the transaction in such a case, the Customer must re-enter the order and/or to place a new order and enter details of another credit card and/or choose another product instead of the one that was ordered but is not in stock and/or to give an alternative address for delivering the product and/or to complete all the details that it is necessary to complete on the Site, as applicable to the unfulfilled condition.

5.7 The company shall also be entitled to refuse to complete the purchase transaction in its absolute discretion in the following circumstances:

5.7.1 If the Customer breaches these Sale Terms or the Site Terms of Use in any way; or

5.7.2 If the Customer has an outstanding financial obligation to the Company.

6. Personal Data

6.1 When using and/or simply browsing the site, personal data may be collected and processed. For example, while placing the order, the Customer may be required to provide personal details to fulfill the order. For more information regarding your personal data and privacy issues, please read the Company’s Privacy Policy {link to the policy} carefully, and before making any use of the site. Please note that the constitutes an integral part of these Terms of Use

7. Supply of the products

7.1 The Company shall supply the Products purchased on the Site by shipping to the delivery address as entered on the order page of the Site, subject to the Customer’s fulfilment of the conditions in section 5.

7.2 On the order page, the Customer will be required to input the address for delivery of the order. The shipping cost will be determined on the basis of the delivery area and the current rate of the delivery company (which delivery rates may change from time to time). The final shipping cost of each order shall appear at the end of the order process, after entering the shipping address, and shall be added to the total price of the order.

7.3 If no one is available at the delivery address to take delivery and the Products cannot be posted through a letterbox, the delivery company will leave a note informing the Customer how to rearrange redelivery or how to collect the Products from a local depot. If the Customer does not arrange redelivery or collection of the Products from the delivery company, the Customer may be charged for storage costs and any further delivery costs. If the Company is unable to contact the Customer in these circumstances the Company may end the contract.

7.4 The Customer shall be responsible for the Products from the time that the Company delivers the Products to the delivery address provided by or agreed with the Customer and, provided that the Customer has paid for the Products in full, the Customer shall own the Products from that time.

7.5 The Company shall not be liable for any delay in the delivery and/or non-delivery of a Product that is caused by events that are not within the Company’s reasonable control or as a result of Incorrect details being provided by the Customer on the Site. If the Company’s performance of the contract is affected by any event beyond its control, then the Company may cancel the order by notice to the Customer.

7.6 The Customer must examine the Products as soon as reasonably practicable after delivery and preferably within 3 working days to check that they are the correct Products to be supplied and are not damaged. If the Products appear to be incorrect or damaged, the Customer must not use them, must inform the Company, and must return them as soon as reasonably practicable.

8. The use of the products – instructions for maintenance and use

8.1 The Customer must use the Products purchased on the Site solely for the purpose for which they are intended and supplied for use.

The Customer shall take care to clean the spectacles with water and soap only and/or in accordance with the specific terms of use and/or manufacturer’s instructions for the product. The Customer should not use any kinds of solvents and/or alcohol to clean them.

The spectacles should be cleared with clean and soft-to-the-touch cleaning equipment, and no use should be made of cloths and/or equipment and/or products and/or substances that may erode and/or damage, in any way whatsoever, the lenses or the UV light filtering features in them and/or in general.

When the spectacles are not in use, they should be kept in the case that the Company provides for the spectacles, in a dry dark place and at a temperature between -10 and +35 degrees Centigrade.

The Company shall not be liable for any damage that may be caused to the Products as a result of use made by the Customer that is not in accordance with the above requirements and/or the manufacturer’s instructions.

9. The Customer’s Rights To End The Contract

9.1 The Customer’s rights to end the contract will depend on what Product the Customer has bought, whether there is anything wrong with it, how the Company has performed, and when the Customer decides to end the contract.

9.2 Cancellation of Order at Customer’s Choice

The Customer may cancel the order at any time before delivery of the Products or within 21 days after the delivery of the Products by notice to the Company and, provided that the Customer returns the Products to the Company at the address stated on the sales receipt or on the Site within 21 days from the date of the cancellation notice and the Products are complete and have not been used or damaged between delivery to the Customer and their return by the Customer, the Company will provide a refund to the Customer. In case that the cancellation notice was given by the costumer before delivery, but the shipment has already been dispatched by the company, the customer shall return the shipment to the Company, as stated above, within 21 days from delivery in order for the Company to provide a refund . The Customer will not incur any charges for that refund and the same means of payment will be used as the Customer used for their payment.

The Customer may use the notice of cancellation provided on the sales receipt or on the Site if the Customer wishes to do so, or the Customer can give notice to the Company in some other way as long as the Company receives a clear statement (e.g. by letter or email) of the decision to cancel.

If the Customer rejects the Products for any reason other than damage to or a defect in the Products, the Customer must pay the cost of returning the Products to the Company and will be responsible for their safe return. If the Customer does not return the products, the Company will be entitled to deduct the cost of recovering the products from the amount refunded. If the Customer rejects the Products because they are damaged or faulty, the Company will cover the cost of the return of the products.

If the Products are returned for any reason other than damage to or a defect in the products and the Products have been used or damaged between delivery to the Customer and their return to the Company, the Customer will not be entitled to any refund of the price and, unless otherwise agreed at that time, the Company will then return the Products to the Customer and will charge the Customer for the reasonable shipping costs incurred in returning them to the Customer by means of an appropriate mail service determined by the Company.

Certain products are delivered sealed for health or hygiene reasons and the Customer may not cancel the order and return those Products if they have been unsealed after delivery, but this does not apply to spectacles which may be returned as described above.

9.2 Cancellation of Purchase because of Product Defect

The Customer may cancel their purchase if there is any defect in workmanship or materials or any other matter resulting in the Products not being of satisfactory quality or reasonably fit for the purpose for which such products are normally supplied including, for prescription spectacles, if the prescription of the lenses does not match the prescription stated in the order (any of the foregoing being in this section, a ‘defect’).

If the Customer wishes to cancel their purchase under this section, the Customer must notify the Company and return the Products as soon as reasonably practicable after discovering the defect. The Company will examine the Products as soon as reasonably practicable after return by the Customer. Where the Company agrees that the Products were defective then: where the Product is returned within 30 days of purchase, the Company will refund the full price to the Customer promptly together with the reasonable shipping costs paid by the Customer in returning the Products to the Company ; where the Product is returned more than 30 days but within 12 months of purchase, the Company will repair or replace the Products or, if that is not possible, will refund the full price to the Customer promptly together with the reasonable shipping costs paid by the Customer in returning the Products to the Company.

If the Company does not identify any product defect, the Company will return the Products to the Customer and will not be required to refund the shipping costs paid by the Customer in returning the Products to the Company. The Company will be entitled to charge the Customer for the actual and reasonable costs of examining the Products and the reasonable cost of returning the Products to the Customer by means of an appropriate mail service determined by the Company.

9.3 Repair or Replacement of Defective Products

If there is a product defect as described in section 9.2 then, at the Customer’s option, instead of refunding the price the Company may repair or replace the Products where the Company considers it practicable to do so. As a further alternative, at the option of the Customer, the Company may replace the defective Products with other products which are available and acceptable to the Customer and, if the Customer chooses to receive replacement Products of a higher or lower price than the Products originally ordered, the Customer will pay an appropriate further sum to the Company or the Company will refund an appropriate sum to the Customer. Where the Products are repaired or replaced under this section, the Company will refund the reasonable shipping costs paid by the Customer in returning the Products to the Company and will pay the cost of returning the repaired Products or delivering replacement Products to the Customer.

9.4 PayPal Refunds

If a product for which a refund is to be made under this section 9 is purchased under a transaction that was made through PayPal, then for the purpose of making that refund the Company will send PayPal approval to credit the Customer’s account, but the actual credit will be made by PayPal and the Company shall not be liable for any delay and/or problem in the making of the credit by PayPal.

9.5 Products on Special Promotion

A Product that is purchased on special terms of sale or in a special promotion will be returned on the same terms. For example, when a sale is conditional upon the purchase of several items together, such as a second pair of spectacles at a 50% discount, or such as two pairs for 79/99, the full reimbursement will be conditional upon returning all of the products together. If only some of the products are returned, then at the time of returning them the credit will be subject to the deduction of the full value, before discount, of the product or products kept by the Customer, out of all the products that were bought together on the special terms of sale and in view of the full value. Therefore, it is possible that the Customer will not be entitled to any credit at all or will be entitled to a credit that is less than the value of the Product if it had not been bought on the special terms.

11. Cancellation of a transaction by the company

11.1 The Company may cancel any purchase before delivery of the Product to the Customer in any of the following circumstances:

11.1.1 If any factors and/or events that are not within the control of the Company and/or anyone acting on its behalf, prevent the delivery of the Products in a timely manner and/or affect the ability of the Company and/or anyone acting on its behalf to perform any of its obligations in a timely manner or at all;

11.1.2 If there is a change in any tax rates and/or charges that are payable on the Products as stated on the Customer’s order between the time when the Product was first offered for sale on the Site and the scheduled date of delivery of the product to the Customer.

11.1.3 If any false, inaccurate or incomplete information is provided by the Customer;

11.1.4 If any act or omission of the Customer at any time, in the opinion of the Company, harms or may harm the Company and/or anyone acting on its behalf and/or any third parties, including other customers or suppliers of the Company;

11.1.5 If the Customer is in breach of these Sale Terms in any way whatsoever;

11.1.6 If the Customer has an outstanding financial obligation to the Company on any account;

11.1.7 If the Product ordered is or becomes out of stock (whether before or after the Company has accepted the order and/or the Customer has paid for the Product);

11.1.8 If there is an error in any of the details of the Product published on the Site, including an error as to the price or description of the Product;

11.2 If a transaction is cancelled by the Company under section 11.1, the Company shall not be responsible for any loss or damage that the Customer may suffer or incur as a result of such cancellation including buying the Product at a higher price.

11.3 If a transaction is cancelled by the Company under section 11.1, the Company shall refund the price paid by the Customer in full.

12. Limitation of liability

12.1 The Company does not exclude or limit its liability to the Customer if and to the extent that it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of the Customer’s legal rights in relation to the Products.

12.2 Subject to section 12.1, the Company shall not be liable to the Customer for any loss or damage of any nature whatsoever arising out of or in connection with:

12.2.1 any errors in the description and/or price and/or delivery time of the Product and/or any other detail relating to the Product, provided that the Company allows the Customer, after being notified of any such error, to cancel the transaction and to return the Product for a full refund or to exchange it;

12.2.2 any damage caused to the Products as a result of use by the Customer that is not in accordance with the manufacturer’s instructions and/or section 8;

12.2.3 any delays in the delivery of the Products and/or failure to supply the products and/or for non-crediting the Customer, in a case of cancellation of a transaction, as a result of events that are not within the Company’s control, including natural disasters and/or wars and/or hostilities and/or problems in the telephone system and/or problems in the computer system and/or problems in other communication systems and/or problems in the PayPal system and any other kind of force majeure.

12.3 Subject to sections 12.1, 12.2 and 12.4, the aggregate liability of the Company to the Customer in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise under the contract or otherwise in respect of the Products shall be limited to an amount equal to twice the value of the Products purchased.

12.4 The Company shall not have any liability in respect of any indirect or consequential loss or damage suffered or incurred by the Customer, which shall include any and all loss of revenues, loss of profits, loss of anticipated savings, loss of use, loss of contract, or loss due to damage to data.

13. Customer Service

13.1 If the Customer has any questions or needs any information regarding these Sale terms or the Customer’s order the Customer may contact the Customer service by the Chat button, available on the site on Sunday-Thursday, between 09:00 a.m. and 17:00 p.m. (GMT+2), or by the “Contact Us” functionality

The Customer service center may not be contacted to place an order to provide information relevant to an order: transactions on the Site will be made online only.

13.2 The Customer may make any complaint regarding their order or the Products by writing to the Company at Joop Geesinkweg 901, 1114AB Amsterdam- Duivendrecht, Holland or by email to carolinalemke.eu@glassix.support . Should any dispute arise in relation to the supply of any Products ordered on the Site which is not resolved directly between the Company and the Customer, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http:ec.europa.eu/odr; but the Company is not obliged to and does not agree to have any such disputes handled by these providers.