Terms of service

TERMS OF USE

This website is operated by G. Fedeli Ottica Cine Foto. The terms “we” and “our” within the site refer to G. Fedeli Ottica Cine Foto.

G. Fedeli Ottica Cine Foto provides this website, with all the information, tools, and services available on it, provided that you, as the User, accept all the terms, conditions, notices, and disclaimers set forth herein.

Our online store is hosted on Shopify Inc., which provides us with the online ecommerce platform to sell our products and services.

Registration

To access the Service, the User may create an account by entering complete and truthful information.

The Service can also be accessed without registration, but some features may be limited.

Users are responsible for the security and confidentiality of their access credentials, choosing a password that ensures the highest level of security offered on www.otticafedelimilano.it.

By opening an account, the User assumes full responsibility for any activities carried out with their credentials. If the user believes that their personal information, including credentials or account, has been compromised, disclosed, or stolen, Users must immediately notify the Data Controller using the contact information provided in this document.

Account Closure

The User may close their account and discontinue use of the Service at any time by:

- Using the account closure tools available on www.otticafedelimilano.it.
- Contacting the Data Controller through the contact details provided in this document.

Account Suspension and Deletion

The Data Controller reserves the right to suspend or delete a User’s account at any time, at its sole discretion and without notice, if it deems it inappropriate, offensive, or in violation of these Terms.

Suspension or deletion of the account does not entitle the User to any compensation, refunds, or indemnities. In case of suspension or deletion due to reasons attributable to the User, the User remains liable for any applicable fees or costs.

Content on www.otticafedelimilano.it

Unless otherwise indicated or clearly recognized, all content on www.otticafedelimilano.it is owned by the Data Controller or provided by its licensors. The Data Controller makes every effort to ensure that the content published on www.otticafedelimilano.it complies with current regulations and third-party rights. However, this may not always be guaranteed.

In such circumstances, without prejudice to rights or legal actions, Users are encouraged to submit any complaints to the contacts indicated in this document.

Rights to Content on www.otticafedelimilano.it

The Data Controller expressly owns and reserves all intellectual property rights on the following content.

Users may use the content solely as necessary or implicit for the correct use of the Service.

Specifically, it is forbidden to copy, download, share beyond specified limits, modify, translate, process, publish, transmit, sell, sublicense, transform, transfer to third parties, or create derivative works from the content on www.otticafedelimilano.it. Users must also not allow third parties to perform such operations via their account or device, even unknowingly.

Where specified on www.otticafedelimilano.it, the User may download, copy, and/or share certain content solely for personal, non-commercial use, provided that authorship attributions and any relevant conditions indicated by the Data Controller are respected.

All limitations and exclusions provided by copyright law remain in effect.

Access to External Resources

Through www.otticafedelimilano.it, Users may access resources provided by third parties. Users acknowledge and accept that the Data Controller exercises no control over such resources and is not responsible for their content or availability.

Conditions governing the use of third-party resources, including any grant of rights to content, are set by the third parties themselves and governed by their terms and conditions or, in their absence, by law.

Permitted Use

www.otticafedelimilano.it and the Service may only be used for the purposes for which they are offered, in compliance with these Terms and applicable law.

It is the User’s sole responsibility to ensure that use of www.otticafedelimilano.it and/or the Service does not violate laws, regulations, or third-party rights.

The Data Controller reserves the right to take appropriate measures to protect its legitimate interests, including denying access to the site or Service, terminating contracts, or reporting any suspicious or illicit activity on the site or Service to the relevant authorities—such as judicial or administrative— in the event of:
- violations of laws, regulations, or Terms;
- infringement of third-party rights;
- actions that may significantly harm the legitimate interests of the Data Controller;
- offenses to the Data Controller or third parties.

TERMS AND CONDITIONS OF SALE

Provision of Personal Data

To use certain Products offered on www.otticafedelimilano.it as part of the Service, Users may need to provide their personal data as indicated on the site.

Paid Products

Certain Products available on www.otticafedelimilano.it require a fee. Information regarding prices, duration, and conditions of sale are provided in the dedicated sections of the site.

Product Description

Specific sections of www.otticafedelimilano.it provide information on prices, availability, and descriptions of Products, which may be subject to change without notice. Although Products are presented as accurately as possible, visual or audio representations on the site (e.g. images, colors, graphics) are indicative only and do not guarantee exact correspondence to the purchased product’s characteristics. Specific Product details will be clarified during the purchase process.

Purchase Procedure

Each step, from Product selection to order submission, is part of the purchase process. Steps are as follows:
- Users must choose the Product of interest and verify the correctness of their selection.
- After reviewing the purchase information, they may proceed to place the order.

Order Submission

Submitting the order implies:
- The User’s placed order constitutes the conclusion of the contract and entails the obligation to pay the price, taxes, and any additional costs indicated on the order page.
- If the purchased Product requires additional information, personal data, or special requests from the User, placing the order also constitutes an obligation to provide such data.
- After submission, the User will receive an order receipt confirmation.
- All communications regarding the purchase process will be sent to the email address provided by the User.

Prices

During the purchase process, and before submitting the order, Users are clearly informed of all applicable commissions, taxes, and costs, including shipping fees. Prices indicated on www.otticafedelimilano.it:
- In some sections already include all applicable commissions, taxes, and costs.
- In other sections are shown net of such commissions, taxes, and costs.

Promotions and Discounts

The Data Controller may offer promotions or special discounts for the purchase of Products, governed by the requirements and conditions listed in the dedicated section of www.otticafedelimilano.it. Such offers are granted solely at the Data Controller’s discretion.

Recurring promotions and discounts do not constitute a guaranteed right for future uses. Depending on circumstances, discounts and promotions may be valid for a limited time or until stocks last. Unless otherwise stated, time limits refer to the Time Zone of the Data Controller’s registered office, as indicated in the contact details.

Vouchers

Promotions and discounts may be offered via Vouchers. If the conditions applicable to Vouchers are violated, the Data Controller reserves the right to not fulfill its contractual obligations and to protect its rights and interests, even by legal means.

Any additional or specific instructions on the Voucher or in the associated information page take precedence over what follows.

Unless otherwise indicated, general rules for Voucher use are:
- Each Voucher is valid only if used according to the methods and within the times indicated on the site or on the Voucher itself.
- The Voucher must be redeemed in full in a single transaction; partial use is not permitted.
- Unless otherwise indicated, single-use Vouchers are valid for one purchase and cannot be reused, even for installment purchases.
- Vouchers cannot be combined.
- The Voucher must be used within the validity period indicated. Once expired, it is canceled and cannot be claimed or refunded.
- No credit, refund, or compensation is provided if the Voucher value exceeds the amount spent.
- Vouchers are intended solely for non-commercial use. Any reproduction, counterfeiting, sale, or illicit activity related to purchasing or using Vouchers is prohibited.

Payment Methods

Information on accepted payment methods is provided during the purchase process. Some payment methods may involve special conditions or additional fees, indicated in the dedicated section of www.otticafedelimilano.it.

All payments are processed via third‑party services. Accordingly, www.otticafedelimilano.it does not collect payment data such as credit card numbers, but receives a notification once payment is successfully completed. For more details on personal data processing and related rights, Users may consult the site’s privacy policy.

You understand that your content (except credit card data) may be transmitted unencrypted and involve transmission over various networks and modifications to comply with technical requirements of networks or connection devices. Credit card data is always encrypted during transmission over networks.

If a payment made with an available method fails or is refused by the payment service provider, the Data Controller has no obligation to complete the order. In case of failed payment, the Data Controller may request the User to compensate any expenses or damages incurred.

Authorization for Future PayPal Payments

If the User enables the PayPal functionality to authorize future purchases, www.otticafedelimilano.it will store an identification code associated with their PayPal account.

This code allows the site to automatically process payments for subsequent purchases or periodic installments related to a previous purchase.

The User may revoke this authorization at any time by contacting the Data Controller or updating their PayPal account settings.

Retention of Title

Ownership of ordered Products remains with the Data Controller until full payment of the purchase price by the User.

Contractual Right of Withdrawal

The Data Controller grants Users the contractual right of withdrawal from the purchase contract within 30 days of its conclusion, under the terms and conditions specified in the dedicated section of www.otticafedelimilano.it.

Delivery

Deliveries are made to the address provided by the User, following the methods specified in the order summary.

Upon receipt of the package, the User must check the contents and promptly report any issues to the contacts given in this document or as stated on the delivery note. If the package is visibly damaged, the User has the right to refuse delivery.

Shipping is available to countries or territories listed in the dedicated section of www.otticafedelimilano.it.

Delivery times are indicated on the site or during the purchase process.

Failed Delivery

The Data Controller is not responsible for delivery errors due to inaccuracies or omissions in the information provided by the User during order placement, nor for damage or delays occurring after the goods have been handed to a courier chosen by the User, other than those proposed or approved by the Data Controller.

If goods are not delivered or collected within the expected timeframe, they will be returned to the Data Controller.

The latter will contact the User to arrange a second delivery attempt or agree on alternative solutions.

Unless otherwise indicated, any follow-up delivery attempts after the first are at the User’s expense.

USER RIGHTS

Right of Withdrawal

Unless exceptions apply, the User has the right to withdraw from the contract within the specified period without providing any justification. Additional details on the right of withdrawal are available in this section.

Who is Entitled to the Right of Withdrawal?

Unless indicated exceptions apply, Users acting as Consumers have the legal right to withdraw from online contracts (distance contracts) within the established period, without providing reasons.

Users who do not fall into this category do not benefit from the rights described in this section.

The Consumer shall only be responsible towards the Seller for any diminished value of the goods resulting from use beyond what is necessary to ascertain their nature, characteristics, and functionality.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the User must clearly and unequivocally communicate their intention to withdraw from the contract to the Data Controller using the contact details provided in this document.

When Does the Withdrawal Period End?

- For goods purchased individually: the period ends 30 days after the User or a third party designated by them (other than the courier) takes possession of the goods.
- For orders comprising multiple goods delivered separately or goods consisting of lots or pieces: the period ends 30 days after the User or designated third party takes possession of the last delivered goods, lot, or piece.

Effects of Withdrawal

The Data Controller will reimburse all payments received, excluding any delivery costs, to Users who have correctly exercised the right of withdrawal.

Unless otherwise agreed with the Data Controller, the choice of carrier and related costs for returning the goods are borne by the User.

The refund will be processed without undue delay and, in any case, within 7 working days from when the Data Controller receives the goods. Unless otherwise agreed, the refund is made using the same payment method as the initial purchase.

Shipping costs for the item incurred by the customer during purchase are excluded from the refund.

Contracts for the Purchase of Physical Goods

Unless the Data Controller offers to collect goods directly, the User must return them to the Data Controller or a person authorized by them without undue delay, and in any case within 14 days from the withdrawal notification.

The deadline is met if the goods are delivered before the 14-day period from withdrawal notification expires, without signs of use or tampering, and in their original packaging, including all components. They must also be returned with the original case and packaging.

The User is responsible for any diminished value of the goods caused by using them beyond what is necessary to ascertain their nature, characteristics, and functionality.

The User bears the cost and organization of shipping the goods back to the Data Controller.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply in the following cases:

- Contracts for goods made to the Consumer’s specifications or clearly personalized.
- Contracts for sealed goods which cannot be returned for hygiene or health protection reasons once opened after delivery.

WARRANTIES

Legal Warranty of Conformity of Products under European Union Law

According to European Union law, the seller is obliged to guarantee the conformity of goods sold to Consumers for a minimum period of 2 years from delivery.

Limitation of Liability and Indemnity

Unless otherwise indicated or specifically agreed with Users, the Data Controller’s liability for any damages resulting from performance of the Agreement is excluded, limited, or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold harmless the Data Controller, along with its collaborators, affiliates, officers, agents, co‑owners of the trademark, partners, and employees, as permitted by law, from any claims or demands—including, without limitation, legal fees and other burdens—made by third parties. This includes situations related to conduct that violates these Terms, third-party rights, or legal rules connected to the use of the Service attributable to the User, its affiliates, officers, agents, co‑owners of the trademark, partners, or employees, even in case of fault.

This provision also applies to any claim made by third parties (e.g., customers of the Data Controller) against the Data Controller regarding Digital Products provided by the User, such as claims about their conformity.

Limitation of Liability for User Activities on www.otticafedelimilano.it

Unless otherwise stated and subject to applicable law, no compensation claims are provided against the Data Controller (or third parties acting on its behalf).

However, this limitation does not apply in the following cases:

- Damages resulting from death, personal injury, or damage to physical or mental integrity.
- Breach of essential contractual obligations, i.e., those necessary to achieve the fundamental goals of the contract.
- Damages caused by willful misconduct or gross negligence, provided that the use of www.otticafedelimilano.it by the User was appropriate and compliant with rules.

If damages do not stem from willful misconduct or gross negligence and do not involve life or personal integrity, the Data Controller will be liable only for the type of damage foreseeable at the time of contract conclusion and limited to what is typical for such type of agreement.

GENERAL PROVISIONS

No Implied Waiver

The failure of the Data Controller to exercise any right or enforce any claim under these Terms shall not be construed as a waiver of such right or claim. Furthermore, no waiver shall be deemed a continuing waiver of that right or of any other right.

Service Interruption

To ensure Service quality, the Data Controller reserves the right to temporarily interrupt it for maintenance, system upgrades, or other changes, with appropriate notification to Users.

Within legal limits, the Data Controller may suspend or permanently discontinue the Service. In case of permanent cessation, it will allow Users access to their personal data and information, guaranteeing their rights, such as continued use of the product or right to compensation, as permitted by applicable law.

Moreover, the Service may be unavailable due to events beyond the Controller’s control, such as force majeure events (e.g., infrastructure failures or blackouts).

Resale of the Service

Users may not reproduce, duplicate, copy, sell, resell, or otherwise use www.otticafedelimilano.it or the Service, in whole or in part, without prior written consent from the Data Controller, either directly or through an authorized resale program.

Privacy Policy

Information regarding personal data processing is available in the privacy policy of www.otticafedelimilano.it.

Intellectual Property

Subject to more specific terms contained herein, intellectual and industrial property rights—such as copyrights, trademarks, patents, and design rights—related to www.otticafedelimilano.it are exclusively held by the Data Controller or its licensors and protected by applicable laws and international treaties.

All trademarks—whether word or device marks—and any other distinctive sign, trade name, service mark, illustration, image, or logo associated with www.otticafedelimilano.it are and remain the exclusive property of the Data Controller or its licensors, and are protected under intellectual property laws and international treaties.

Changes to the Terms

The Data Controller reserves the right to modify the Terms at any time, notifying Users appropriately.

Changes become binding on the User from the date specified in the communication. Continued use of the Service by the User will be deemed acceptance of the updated Terms.

If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement. In that case, previous Terms shall continue to govern the relationship until its termination. The previous version may be requested from the Data Controller.

Where required by law, the Data Controller will inform Users in advance of the effective date of changes to the Terms.

Assignment of the Contract

The Data Controller reserves the right to transfer, assign, novate, or entrust to third parties, in whole or in part, its rights and obligations under these Terms, taking into account Users’ legitimate interests.

Provisions concerning changes to the Terms also apply to these operations.

The User may not assign or transfer their rights or obligations under the Terms without the Data Controller’s written consent.

Contacts

All communications regarding the use of www.otticafedelimilano.it must be sent to the contacts specified in this document.

Severability Clause

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

If a provision of these Terms is found to be invalid, void, or unenforceable, the parties shall attempt to agree amicably on a valid and enforceable substitute provision.

If no agreement is reached and applicable law permits or requires it, the invalid, void, or unenforceable provision shall be replaced by applicable legal provisions.

It is understood that the invalidity, voidness, or unenforceability of a single provision does not impair the validity of the entire Agreement, unless that provision is so essential that the contract would not have been concluded if the parties had known it was invalid, or it places an excessive and intolerable burden on one party.

Applicable Law

These Terms are governed by the law of the country where the Data Controller has its legal seat, as specified in this document, irrespective of conflict-of-law rules.

Jurisdiction

Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the court in the location where the Data Controller has its legal seat, as specified in this document.

DISPUTE RESOLUTION

Amicable Settlement of Disputes

Users may communicate any disputes to the Data Controller, who commits to resolving them amicably.

Without prejudice to Users’ right to take legal action, in case of disputes concerning the use of www.otticafedelimilano.it or the Service, Users are invited to contact the Data Controller through the contacts provided in this document.

To file a complaint, the User may write to the Data Controller’s email address indicated in this document, including a brief description of the issue and, if applicable, order, purchase, or account details involved.

The Data Controller will respond to the request without undue delay and in any case within 2 days of receipt.

Additional Contacts and Information

Any questions regarding the Terms and Conditions of the service should be sent to: info@otticafedelimilano.it

Phone: +39 02 76118484

Company name: G. Ottica Fedeli Cinefoto di Gabriele Fedeli

VAT number: 12430350152 Registered office: Via Lomellina 11, Milan 20133 (Italy)

Time Zone: Italy UTC+1 (CET)