Terms and Conditions of Service
Vista Point srls owns and manages the online store "vistapointshop.com," which can be accessed at https://www.vistapointshop.com and/or via redirect from the site www.vistapointottica.com.
By visiting our website www.vistapointshop.com (hereinafter referred to as "Vista Point," "site," or "online store") or by placing an order online on vistapointshop.com, you expressly acknowledge that you have understood and accepted, and agree to comply with and be legally bound by the Terms of Service and the General Sales Conditions outlined in this document (hereinafter referred to as "General Conditions").
If you do not accept the Terms and Conditions, we invite you to refrain from using the site and its online sales services.
Orders placed online through this site are subject exclusively to the General Sales Conditions described in this document, in the version in force at the time the order is placed, for all geographic areas where orders can be placed and to which shipping services are available. Any other conditions proposed by the customer at the time of the order are not valid unless explicitly agreed upon in writing by Vista Point srls.
You can request further information regarding our General Conditions by contacting Customer Service through our email assistance services at info@vistapointottica.com.
1. Use of the site
The General Conditions of the site regulate the submission of purchase proposals for products available on vistapointshop.com exclusively by the "consumer" (hereinafter referred to as "user") and their acceptance by Vista Point.
The site offers its services exclusively to "consumers" who have reached the legal age, for normal consumer needs, i.e., any individual acting for purposes unrelated to their commercial, entrepreneurial, or professional activity.
If you are not a "consumer" as defined in the previous paragraph, we invite you not to engage in commercial transactions on vistapointshop.com.
Vista Point srls reserves the right to inform the user about the non-acceptance of order proposals from subjects other than the "consumer," or any order proposals identified as potentially fraudulent or illegal.
Vista Point services allow users to search the site, view product pages, and make purchase proposals for products by selecting from a wide electronic catalog.
2. Online orders
The languages available to conclude the contract on our site are currently Italian and English.
The mere presentation of products on the site does not constitute an offer to the public but rather an invitation to the consumer to submit a purchase offer for one or more products.
By selecting one or more products on the site, adding the products to the cart, and proceeding with checkout, the user formally submits an online purchase order to Vista Point srls.
In accordance with Legislative Decree No. 70 of April 9, 2003, the site provides the user, before submitting an order proposal, with a summary of the following:
A summary of the commercial and contractual conditions that will apply to the purchase order.
The essential features of each ordered product and its price, including all applicable taxes.
The available payment methods.
Delivery methods and costs.
Contact details, geographic address, and communication options of Vista Point srls.
The user is always provided with information about the conditions and procedures for exercising the right of withdrawal and the cost of returning products.
Submitting the order proposal to Vista Point srls constitutes a binding purchase offer.
Once the order proposal is submitted, you will receive an automatic email from Vista Point srls, which is not an acceptance of your order but serves as confirmation of receipt and a summary of it.
The contract is concluded when the goods are shipped, and your order proposal is accepted with email confirmation from Vista Point. This email will contain links to the General Conditions and the document summarizing the Right of Withdrawal. Only products listed in the shipping confirmation email will be included in the contract between the user and Vista Point.
Order proposals are stored in our data platform for the time necessary to process the order proposals and, in any case, in compliance with legal deadlines.
Vista Point may, without prior notice, reject your order proposals, for example, if there are no solvency guarantees; if they are incomplete or incorrect; or due to unforeseen product unavailability. In the event of non-acceptance, we will inform you via email that the contract has not been concluded, specifying the reason for the non-acceptance.
If the products presented on the Vista Point website are no longer available or for sale when receiving or processing your order proposal, we will promptly notify you (in any case, within thirty (30) days from the day after the transmission of your order proposal) about the unavailability of the products. Vista Point does not assume the responsibility for researching and sourcing unavailable products from other sources. If a payment transaction has already been made, Vista Point will refund the amount paid for the unavailable products, and the sales contract will be considered resolved.
By submitting the order proposal, you confirm unconditional acceptance and agree to comply with these General Conditions and the other information contained on vistapointshop.com, such as our Privacy Policy and the Right of Withdrawal Notice. If you disagree with any of the points in the General Conditions, we invite you not to submit your order proposal for products on our site.
3. Product presentation and prices
The product detail page presents the essential characteristics of the items for sale on the site. Please note that images and product colors may not exactly match the real ones due to the browser and monitor used by the user when viewing. Minor variations (shapes, colors, etc.) between what is shown in the images and reality do not constitute a non-conformity defect. Vista Point srls will correct any errors in the description or presentation of products published on the online store as soon as possible. We invite you to report any issues to info@vistapointottica.com.
Product availability: Vista Point srls commits to constantly updating the availability of products on the site. However, it may occur that the requested product is "currently unavailable" due to unforeseeable causes not dependent on Vista Point’s actions. In such cases, Vista Point srls will act in accordance with the unavailability clause mentioned in point 2 of these General Conditions.
The price of the products on the site is stated in Euro (€) and includes VAT at the applicable rate. Prices may be subject to updates. Simply adding a product to the "cart" does not lock in the final sale price and does not guarantee that price changes will not occur. Any price changes on the site will not apply to orders already submitted and for which the user has already received the order confirmation email.
Before submitting an order proposal, the user is encouraged to check the final sale price. In the event of a recognizable error in the product price indicated on the system or by Vista Point srls, or in the calculation of the amount requested at payment, Vista Point srls reserves the unconditional right not to accept the order proposal and will contact the user to offer the opportunity to resubmit the purchase proposal at the corrected price.
From time to time, Vista Point srls may offer discounts and promotions on specific products. The terms of such offers or promotions will be detailed on the site and will be valid for the specified period. Discounts will apply only to order proposals formally submitted by the user and accepted by Vista Point srls. Simply adding a product to the "cart" does not guarantee that a particular discount or promotion will apply after the expiration date.
4. Payment methods
When finalizing your order proposal, you can choose a payment method suitable for your needs from the options provided during checkout:
Credit Card (Visa, MasterCard), via PayPal gateway
PayPal, for registered users with PayPal ID
PayPal Express Checkout, for PayPal users, even without registration on vistapointshop.com
The express checkout service is provided by PayPal, allowing the user to pay faster and easier without entering their details on Vista Point srls’ site. PayPal Checkout is integrated into Vista Point srls’ product page, and PayPal transmits your contact details and shipping information to Vista Point srls. If you do not accept this method, we encourage you not to use PayPal Checkout.
In case of payment via Credit Card, the information you provide, such as Credit Card number, expiration date, cardholder, and other details, will not be stored or processed directly by Vista Point srls. These details will only be used by Vista Point srls to manage your purchase or, if necessary, to issue refunds after exercising your right of withdrawal for product returns.
The total amount displayed when submitting the order proposal, including any shipping charges, will be charged to your PayPal account or Credit Card at the time of the transaction for purchased products.
5. Shipping and delivery
During the completion of your order proposal, you must provide the address for home delivery. Please pay particular attention to the address provided and verify that the data and information given are correct and necessary to ensure the proper delivery of the package.
6. Right of withdrawal
In accordance with Article 52 of Legislative Decree 206/2005 (Consumer Code), you have the right to withdraw from the contract concluded with Vista Point srls, without providing any reason, within 14 days from the day you receive the purchased product(s).
The right of withdrawal is excluded (Article 59 of Legislative Decree 206/2005) in cases where you have purchased custom-made or clearly personalized products (such as prescription glasses with lenses or customized frames and lenses, including color); products that are likely to deteriorate or expire rapidly; sealed products that cannot be returned for hygiene or health protection reasons once opened.
The period to exercise the right of withdrawal expires 14 days from the day you or a person designated by you (other than the delivery carrier) takes physical possession of the ordered product. In the case of a contract involving multiple products ordered in the same order but delivered separately, the 14-day period starts from the day you take physical possession of the last product delivered. In the case of a contract involving multiple products, you can proceed with a partial return by providing adequate notice to Vista Point srls at the time of exercising the right of withdrawal.
You may withdraw from the contract concluded with Vista Point srls by providing written communication, via email, to info@vistapointottica.com, or by mail, to the following address:
Vista Point srls
Via Padova 79/81
95127 Catania (CT) Italy
Vista Point srls will send you confirmation via email of the receipt of your right of withdrawal request, accepting the return or, if not, informing you of the reasons for non-acceptance.
If accepted, you must return the products to Vista Point srls, using an express courier (with package tracking option), within 14 days from the confirmation email. Unless otherwise specified when Vista Point srls accepts the order proposal, the return shipping costs are your responsibility.
The products must be returned in the same condition in which they were delivered, i.e.:
They must be returned in their original packaging, complete with all accessories, usage instructions, and documentation included in the packaging. If the original packaging is lost, you must replace it at your own expense.
They must not have been used or worn, and should not show signs of use beyond those compatible with a normal product test. They must not be in a condition that would prevent them from being resold.
They must not have any breaks or alterations, and must not be damaged, washed, or cleaned.
The identification tag must still be attached to the products with the security seal, which is an integral part of the item.
If the returned product does not meet the above conditions or if the exception to the right of withdrawal applies, the withdrawal will not be effective.
The possibility of returning products does not limit your legal warranty rights, which are granted to the customer without any reservations. The possibility of returning products does not apply to orders made using a gift card.
7. Return acceptance and refunds
Vista Point srls is not responsible if products are returned by mistake or if other items not related to the contract are forgotten inside returned packages.
Once a return is received, Vista Point srls personnel will check and confirm that the returned products meet the conditions and terms outlined in the previous paragraph.
If the right of withdrawal is exercised according to the conditions and terms, Vista Point srls will notify you via email of the acceptance of the returned products and will refund the due amounts without undue delay and within 14 days of confirmation, directly to your PayPal account or Credit Card (or other payment method used at the time of purchase). If payments were made via bank transfer, the refund will be made to the account used for the payment. The refund will always be made to the person who made the payment.
If the conditions are not met due to delayed exercise of the right of withdrawal or visible damage to the returned product, you will not be entitled to a refund for the amounts already paid to Vista Point srls.
In accordance with Article 57, paragraph 2, of the Consumer Code, you are responsible for any decrease in the value of the returned products resulting from use beyond what is necessary to determine their nature, characteristics, and functioning. If it is determined that the integrity of the product is not preserved as per the previous paragraph, resulting in a decrease in the value of the returned products, you will not be entitled to a full refund of the amounts already paid. A percentage corresponding to the decrease in value of the products (from 10% to 90%) will be deducted from the amount paid, as communicated to you by Vista Point srls via email.
In both cases described above, you will receive notification via email of the non-acceptance of your return, and you can choose, within 14 days, whether to have the products returned to you in the condition they were returned to Vista Point srls (at your expense and according to the methods that will be communicated to you), or whether Vista Point srls can keep the products, along with the amounts already paid for their purchase.
8. Warranty under Legislative Decree 206/2005
If you are a consumer, i.e., a person acting for purposes unrelated to any professional, entrepreneurial, commercial, or craft activity, you benefit from the legal warranty for defects and non-conformities of the products, related to goods intended for consumption.
Vista Point srls is responsible for any non-conformity defects present at the time of delivery of the product, which manifest within two (2) years from delivery or within the product's expiration date if shorter than two years. The warranty expires if the non-conformity defect is not reported within two (2) months from the date it was discovered.
Non-conformity defects must be communicated to Vista Point srls by contacting Customer Service as per the above-mentioned terms. If a non-conformity defect is confirmed, you have the right to request repair or replacement of the product. If such remedies are impossible or excessively costly, you have the right to a price reduction, or an appropriate price reduction, or to cancel the contract (Article 130, paragraphs 7, 8, and 9 of Legislative Decree 206/2005).
For contact lenses: it is agreed that intolerance or subjective contraindications to the product do not constitute a defect in conformity. Non-conformity does not include a mismatch between the product purchased and the prescription from your optometrist or optician.
If you encounter a problem that you believe may be a non-conformity defect, do not throw away the contact lenses; without verification of the product, it will no longer be possible to carry out the necessary checks for detecting any non-conformity.
If you are not a consumer, as per Articles 1490 and following of the Civil Code, the warranty for defects in the sold item applies, which render it unsuitable for the intended use or significantly reduce its value. Under these provisions, you must report any defects or flaws in the product within eight (8) days from discovery, otherwise you will lose the right to a resolution of the contract or a price reduction.
9. Applicable Law and Dispute Resolution
The General Conditions of Vista Point srls are governed by Italian law, subject to the application of European consumer protection regulations.
In accordance with Article 66-bis of Legislative Decree 206/2005, if you are a Consumer, the territorial jurisdiction for all disputes related to the application of these General Conditions belongs to the court of your place of residence or domicile.
If you are not a Consumer, all disputes related to the application of these General Conditions fall under the jurisdiction of the Court of Catania.
10. Functionality Guarantees
Access to the site and online services of vistapointshop.com is provided "as is," without any express or implied guarantees regarding its accuracy or availability. Vista Point srls cannot guarantee uninterrupted or error-free operation due to the availability of Internet access in various areas. The nature of Internet services may not allow vistapointshop.com to be accessible and operate without suspensions, interruptions, or discontinuities, including those caused by updates to the site and servers. Where possible, Vista Point srls will notify users of known interruptions.
Use of the service is at the user’s own risk: Vista Point srls declines any responsibility for damages arising from possible inaccessibility to the services offered by the site or for damages caused by viruses, corrupted files, errors, omissions, content deletions, network issues, provider or telephone connections, unauthorized access, data alterations, or malfunctioning electronic devices.
Vista Point srls has adopted organizational measures to provide accurate content at the date of publication on vistapointshop.com and for subsequent updates, ensuring the data is correct and up-to-date. However, Vista Point srls does not assume any responsibility for the accuracy and completeness of data and content, except for cases of fraud and gross negligence or as otherwise provided by law.
11. Responsibility
Accessing the site and sending order proposals, browsing the site’s web pages, and communicating with Vista Point srls are activities conducted solely for personal use, unrelated to commercial, business, or professional activities. Vista Point srls cannot be held responsible for any unlawful use of the site, except for cases of fraud and gross negligence.
You are solely responsible for safeguarding and properly using your personal information, including access credentials to the site. Vista Point srls declines any responsibility for incorrect information or data provided, or for the entry of incorrect data, or data related to third parties without their express consent.
12. Intellectual Property
As a user, you are authorized to view the site and its content only for legitimate use.
The editorial content on the site, trademarks, product images, and all other materials published on the site are protected by intellectual property rights, whether created by Vista Point srls or other rights holders. Reproduction in any way and form, or reuse of site content, without explicit written consent from Vista Point srls, is prohibited.
Vista Point srls is the exclusive owner of the logos, domains, and registered trademarks "Vista Point," "vistapointottica.com," and "vistapointshop.com," as well as any other distinguishing marks including the word "Vista Point," including the domain name "vistapointshop.com." All other logos and distinguishing marks of products sold on the site or present in editorial articles published on the site in any form and section are registered trademarks of their respective owners and are present on the site to distinguish and promote the products.
We remind you that unauthorized use of such trademarks and images is prohibited and may result in legal consequences.
13. Privacy Policy
Please read our Privacy Policy carefully, as it applies whether you access vistapointshop.com, browse the site, use its services, even without making any purchases, or submit order proposals and accept them. The Privacy Policy helps you understand how Vista Point srls collects, processes, and uses your personal data and what the purposes of processing are.
14. Updates and Customer Service
Vista Point srls reserves the right to update its General Sales Conditions and the Terms of Use of the site and service. Changes to the General Conditions will be effective as soon as they are published in this section. Therefore, we recommend periodically reviewing our General Conditions to consult the most recent and updated version.
Our General Sales Conditions and Terms of Service can be consulted at any time by visiting this page. They can be saved by your browser and archived in PDF format.
Last update: December 19, 2024
