Terms and Conditions

Terms and Conditions

Welcome to FLIPO!

The terms and conditions apply to the purchase and distribution of any FLiPO products through our website (www.flipoeyewear.com). Please read these terms and conditions carefully before placing your order. Since once you place your order through our web site you are confirming you have read these terms and conditions and acceptance.

THE SERVICE PROVIDER

1.1. Edit Your Life SL a company residing in Pallars street 108, 08018, Barcelona, Spain, with company number (CIF) B16771552, (hereinafter "FLiPO") is the owner of the Website www.flipoeyewear.com (hereinafter "the Website") through which enables the purchase of FLiPO products via the Website.

1.2. You can contact FLiPO via the postal address provided above, also through the following e-mail address info@flipoeyewear.com or telephone number +34 623 31 78 48.

2. ACCEPTANCE OF TERMS AND CONDITIONS OF THE WEBSITE

2.1. This document constitutes the Terms and Conditions of Use of the Web Site www.flipoeyewear.com owned byFLiPO and is subject to Spanish law. The use of the Web Site by the user implies the express acceptance of these Terms of Use and General Conditions of Contract, committing to comply with each and every one of the issues defined herein.

2.2. This Web Site is intended exclusively for people of legal age. In the event that the user is a minor, he/she agrees to visit this website in the presence of his/her parents or legal guardian, who will have read and accepted these terms and conditions.

2.3. These Terms and Conditions are made available to the User on the Home Page of the Website. You may access the Website at any time and review the General Terms and Conditions and you may also save these Terms and Conditions easily on a storage device.

2.4. These terms and conditions are provided in English.

3. MODIFICATION OF THE TERMS AND CONDITIONS OF THE WEBSITE

FLiPO reserves the right to modify these Terms and Conditions, indicated in the heading of this document the date of the latest version. In the event that the user does not agree with the modified updates, the user must inform FLiPO. Notwithstanding the above, FLiPO will do its utmost to communicate such modifications to the user of the website.

4. PURPOSE OF THE WEBSITE

4.1. This site has been established to market the products created by FLiPO which includes prescription and non-prescription eyeglasses, as well as accessories for eyeglasses.

4.2. Through the web site the user will be able to purchase the products being offered and subject to the following Terms and Conditions that have been made available to the user:

5. ACCESSING THE WEBSITE AND REGISTRATION

5.1 Access to the Website and browsing does not require any registration process by the user. To purchase any products, the Web Site requires your previous user registration details. By registering as a user you will provide us with the necessary information to ensure the successful purchase and shipment of the products you purchase from FLiPO. You must fill out the necessary fields in order to register as a FLiPO Client.

5.2. You are solely responsible for the accuracy of the information you provide through the registration form. You must ensure that the information provided is correct and any changes must be notified immediately to ensure the functionality of the service.

FLiPO will adopt the necessary technical measures to ensure the protection of any personal data provided and avoid its alteration, loss, treatment and / or unauthorized access, given the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Spanish legislation on Protection of Personal Data. See our Privacy Policy.

FLiPO is not responsible to the Users for the disclosure of their personal data to third parties that is not due to causes directly attributable to FLiPO, nor for the use of such data by third parties outside FLiPO.

6. CORRECT USE OF THE WEBSITE

6.1. The User accepts to use the Website, its contents and services in accordance with the Law, this document, products and the order process. Similarly, the User agrees not to use the Website, its contents or services provided through it for purposes that are unlawful or contrary to the contents of this document, harmful to the interests or rights of others, or in any way damage, disable, render inaccessible or impair the Website, its contents or services or prevent normal enjoyment of it by other Users.

6.2. The User, explicitly accepts not to destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents contained in the Web Site; as well as not to introduce programs, viruses, macros, applets, Active X controls or any other logical device or sequence of characters that cause or are likely to cause any type of modifications in the computer systems of FLiPO or third parties.

7. ADVERTISING

7.1. The Web Site may contain advertising content. Advertisers are solely responsible for the material. For this reason, FLiPO will not be responsible for any errors, inaccuracies or irregularities that may include advertising content or sponsors.

7.2. In the event that the User considers that any advertising content that has been published on the Website should violate current regulations, please inform us at the e-mail address indicated in section 1 of this document.

8. LINKS TO THIRD PARTIES

8.1. This document refers only to this Web Site and its contents. Therefore, it does not apply to third party web pages accessible through links inserted in the FLiPO Website.

8.2. We cannot control the content of such links, soFLiPO is not responsible for the content of any linked web pages or any other content on the Website.

8.3. Links appearing on the Web Site may not be approved byFLiPO.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

FLiPO warns that it is the legitimate owner of all rights, titles and interests of the application and associated with it, its contents and software, including any modifications, updates and new versions, as well as any trademarks, trade names, know-how, copyrights, images, photographs, graphic drawings, text files, audio, video and any other intellectual or industrial property rights.

9.2. Therefore, it is strictly forbidden to remove, avoid or manipulate the copyright notice and any other data identifying the rights ofFLiPO or their respective owners incorporated to the contents, product and/or services, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein. In no case, the provision of these contents to the users will imply the transfer of its ownership or any right of use and/or exploitation in favor of the user, other than the use that involves the legitimate use and in accordance with the nature of the services and functionalities ofFLiPO.

9.3. Any use of any of the elements subject to industrial and intellectual property for any purpose, especially commercial, as well as their transmission, distribution, public communication, reproduction or storage, in whole or in part, whether commercial purposes or not, is strictly prohibited, unless expressly authorized in writing by the owner thereof.

10. CONDITIONS OF CONTRACT

10.1. These general conditions apply to both visitors to the Website and registered users, who become Customers (hereinafter the Customer) once a FLiPO product is purchased.

10.2 Ordering

10.2.1 The products marketed through FLiPO's website are intended for the purchase of prescription glasses, as well as non-prescription glasses, in addition to any accessories that may be made available to the Customer via the website.

10.2.2 The Customer that wishes to purchase FLiPO's products must fill out a form prior to the purchase of such products, where he/she must provide the following information:

• • Client's full name;
  • shipping address of the products;
  • e-mail address;
  • telephone number.
  • Technical information in order to obtain a suitable product adapted to the Customer's requirements.

10.2.3 Once the first purchase of our products has been successful, the Customer will have the possibility for FLiPO to save their contact details, in order to facilitate the purchase of future orders.

10.3 Placing an Order

10.3.1 The purchase of any of our products implies the Client's full adherence to the following Terms and Conditions.

10.3.2 The Customer will be able to place an order via the Website at any given time, 7 days a week, all year round, and orders will only be delivered to addresses located within the European Economic Area.

10.3.3. The ordering process consists of the following steps:

• • choice of products to be purchased;
  • completion of the pre-purchase form (in case you are already registered as a Customer) identification as a Customer;
  • acceptance of the General Conditions of the Purchase by checking the box provided for this purpose on the summary page of your order ("payment");
  • choice and validation of the method of payment of the order.

10.3.4. The payment of the price of the product constitutes the purchase-sale contract that binds you with FLiPO.

10.3.5. The prices of the services are expressed in GBP(£), including taxes and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order.

10.3.6. All prices shown are final prices, including Value Added Tax (VAT), notwithstanding the fact that the user will have detailed information on the price of the product at all times.

10.3.7.FLiPO does not perform visual revisions. The user must visit an accredited optician-optometrist or ophthalmologist, who will perform a visual revision in order to obtain the level of graduation and, if necessary, the adaptation of FLiPO glasses. The Client who wishes to purchase prescription glasses from FLiPO must provide a prescription report endorsed by an optician or optometrist. All prescription reports issued by accredited professionals up to 6 months old from the date of issue of the report until the purchase of the products will be valid.

10.3.8. The Client is solely responsible for the accuracy of the prescription and that the prescription has been prescribed by an accredited professional.

10.3.9 In case of any discrepancies regarding the ophthalmological characteristics of the glasses purchased by the Customer, you can go to an optic center recommended by FLiPO to carry out a review of the glasses purchased from FLiPO. To do so, he/she must bring the ophthalmological certificate sent to FLiPO at the time of the purchase of the products. In the event that the purchased FLiPO glasses have the correct prescription according to the certificate sent by the Customer, FLiPO will not be responsible for any modifications to be made in any prescription lenses purchased. In the event that there is an error between the order placed by the Customer and the product, FLiPO undertakes responsibility to replace them free of charge.

10.3.10. If the specifications provided by the client are not considered appropriate for optometric reasons, FLiPO reserves the right not to send the selected glasses and will inform the client of the reasons.

10.3.11. If required, we may ask the Customer for one or more photographs of his or her face, in order to be able to take measurements to correctly center the lenses in the FLiPO glasses chosen by the Customer. Likewise, we inform you that once the image is received and the appropriate measurements have been taken, the images will be destroyed immediately and therefore will only be kept for the period of time strictly necessary to fulfill the purpose established above.

10.4Payments Methods

10.4.1. The Customer may pay for the products purchased through the means thatFLiPO makes available on the Website. In any case, these will be systems that guarantee secure payment.

FLiPO, reserves the right to use electronic means of payment via third parties and/or financial institutions to manage payments made by customers via the website, in collaboration with the relevant providers or institutions.

FLiPO does not have access to any bank details linked to the means of payments of any customers and does not record any of these details during payment transactions.

FLiPO may periodically offer promotions and offer discounted codes to its customers. Such discounts will be subject to each promotion that FLiPO carries out with respect to each discount code, and in any case users will only be able to use a single discount code per order.

10.4.5. The use of discount codes will not be compatible with certain promotions and collections of FLiPO products.

10.5. Shipping and delivery charges

10.5.1. The shipping costs of orders processed in favor of the Client will be managed by FLiPO, unless expressly stated otherwise.

FLiPO will indicate the price of shipping costs during the purchase process of its products; these costs will be added to the final purchase price of the order. FLiPO will indicate to the Customer in advance, in the purchase process, any additional costs incurred in receiving the product.

10.5.3. Upon completion of the purchase process, FLiPO will send an e-mail to the address provided by the Customer with a summary of the purchase made. FLiPO will inform the Customer of the estimated delivery times of the order in the subscription process. Delivery times are merely an estimate and are counted in working days.

10.5.4. Spetta al cliente controllare l'ordine al momento della consegna e presentare eventuali reclami giustificati come difetti di imballaggio, danni o mancanze. Nel caso in cui il cliente non indichi al corriere al momento della consegna e nel documento pertinente (bolla di consegna) qualsiasi anomalia con l'ordine ricevuto (danni , merce mancante, prodotti errati), FLiPO non sarà responsabile dei reclami né dei costi derivanti da un successivo reclamo. FLiPO potrà richiedere, per qualsiasi reclamo del cliente relativo a un problema nella consegna, prove come fotografie che confermino tale reclamo.

10.5.5. The logistics process corresponds to the providers of such services contracted by FLiPO, so FLiPO does not intervene in any way during this process. FLiPO assumes no liability whatsoever for breach of the obligations described in this clause by reason of the omission of the logistics operator, without preconception to the steps that FLiPO can freely perform to assist finding the best solution to the incidents that have potentially occurred, at the request of the parties.

10.5.6. The delivery of the products will always be delivered at the address that the Customer has designated during the process of purchasing FLiPO products. The delivery address is conditioned to be within the delivery area of FLiPO logistics providers. If this is not the case, the Customer will be informed to provide an alternative postal address for delivery. FLiPO will not assume any responsibility when the delivery of the product is not carried out as a result of the inaccuracy or inconsistency of any information provided by the Customer for this purpose, also in the event that the delivery can not be made for reasons beyond the shipping company assigned for this purpose, such as the absence of the recipient.

10.5.7. The order will be delivered as soon as possible and always before ten (10) working days from the date of order confirmation, except for orders containing custom-made prescription glasses, in which case it will not exceed twenty (20) working days. However, the estimated delivery time of the product will be shown on the summary of the order. The delivery time reported in the order is informative, it is not contractual. Whenever the product has not been shipped and/or the total delivery time from the date of payment of the order exceeds 30 calendar days, the Customer may cancel the order free of charge and receive a full refund. Products that are out of stock are excluded from this time period, which will have been duly communicated to the Customer, with the possibility that the delivery period may be longer than expected.

10.5.8. Deliveries are made during working days (Monday to Friday) and during standard business hours (from 9:00 am to 7:00 pm).

10.6. Returns

10.6.1. The Customer shall have the right to withdraw from the contract for a maximum period of 14 calendar days from receipt of the purchased product and FLiPO will proceed to refund the amount paid by the Customer without stating the reason, except as provided in art. 107.2 and 108 of RD1/2007 of 16 November, which approves the text referred to in the General Law for the Protection of Consumers and Users.

However, and in application of the current regulations in force, the cost of the contact lenses created and processed through FLiPO will not be refundable to the Customer once they have been purchased through the sales channels enabled by FLiPO.

10.6.2. During this period, the consumer shall communicate to FLiPO his decision to withdraw from the contract by filling out the return form provided and sending it to FLiPO's e-mail address.

10.6.3. FLiPO will communicate to the Customer an acknowledgement of receipt of such withdrawal.

10.6.4. The withdrawal implies that FLiPO will proceed to refund the amount already paid by the Customer within a maximum period of 14 calendar days from the date on which it has been informed of the withdrawal, through the same payment method selected by the Customer in the purchase process.

10.6.5. To proceed with a return, the product must be in perfect condition and in its original packaging, with all its accessories and unused.

10.6.6. Once we receive your request, we shall contact you to provide you with further details of the return of the product.

10.6.7. The Customer shall bear the costs of returning the product.

11. RESPONSIBILITY

FLiPO is not a provider of optical, ophthalmological or any other health services. The recommended opticians practise, as well as those opticians practise with whom it has reached any kind of agreement, are independent and autonomous establishments, separate from FLiPO, not making the latter responsible for the service provided by the recommended opticians, nor will it be liable for any action or claim brought in connection with the services provided by such opticians. In case of needing more information about the service of recommendation of opticians practise, the user should request it through the e-mail info@flipoeyewear.com.

FLiPO can not be held liable for causes beyond its control or not directly attributable to FLiPO such as errors or omissions by third parties, viruses in the user's own terminal or systems that are not under the control of FLiPO or results from misuse of such services.

11.3. The user accepts not to introduce, voluntarily or involuntarily, viruses or files of any nature that disrupt the operation of the website; in which case, would be fully responsible.

11.4. The user declares and guarantees that he/she is fully aware of the characteristics and difficulties of the Internet and, in particular, that the transmission of data and information on the Internet is only technically reliable, since they circulate on heterogeneous networks with different characteristics and technical capabilities that may disrupt access or make it impossible at certain times.

11.5. Due to the complexity of technological environments, if and when unforeseen situations arise, FLiPO reserves the right to temporarily suspend services relating to the website for technical reasons, for security reasons or for maintenance. This suspension of the website services shall not entitle the user to any right to compensation. In this sense, the user accepts that FLiPO will not be responsible, as a result of such actions, for the elimination or failure in the provision of certain services or functionality of the website. Also, FLiPO will not be responsible for the lack of connectivity of the terminals that prevents the use of the website at that time.

11.6. FLiPO reserves the right to make any changes to the website without prior notice.

FLiPO is not responsible for any loss or damage that the user may suffer as a result of improper use of the website by the user, or if the user fails to comply with the terms and conditions.

FLiPO reserves the right to prevent, block and / or remove from the website to those users who show inappropriate behavior for the same or violate any of the provisions of this document, without notice from FLiPO.

12. SOCIAL NETWORKS

FLiPO has a presence in social networks. Therefore, if you join any of our Corporate Pages on Social Networks, you must accept the terms of use and privacy policy of the relevant social network.

13. APPLICABLE LAW AND JURISDICTION

13.1. These Terms of Use and Conditions of Engagement shall be governed by and construed in accordance with the laws of Spain.

13.2 The parties can submit for a resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the domicile of the Client.

13.3 The European Commission offers a platform for alternative dispute resolutions, which can be accessed by any consumer at the following website; https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES