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TERMS AND CONDITIONS
1. ABOUT US
According to the information right established in artículo 10 of ley 34/2002, 11th of July, de Servicios de la Sociedad de la Información y del Comercio Electrónico:
The company owner of the web domain millerandmarc.com is Miller & Marc S.L. (hereafter referred to as Miller and Marc), with address in Madrid, calle San Julio nº 2 and PA 28002, VAT number B-87363867 and email [email protected]
SEP EYEWEAR S.L. is registered in Spanish Commercial Register, Tomo 33790, Folio 171, Inscription 1ª and page M-608163.
2. MAKING A CONTRACT WITH US
SEP EYEWEAR, S.L., owner of the website millerandmarc.com, makes available to the users this document, pretending to ensure compliance to the obligations stipulated in the 34/2002 Law, of Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSI-CE), as well as informing all the users of the website, about which are the use conditions of the site.
Everyone that gets into this website and use its services, or gives their data, recognize the user role and commits to the observance and strict compliance of the dispositions here contained, as well as another legal disposition that would be for application.
This contract has the objective of regulating the provision of services offered through this website, and specifically, the sale of eyeglasses and sunglasses and frames.
Below you can see the contractual agreement that will rule the provision of our services and sales of products through the website: www.millerandmarc.com owned by SEP EYEWEAR, S.L. (hereafter referred to as Miller and Marc). Acceptance of this document means that the user:
These conditions will have an indefinite period of validity and shall apply to all contracts made through the website millerandmarc.com, until the publication of a new version.
3. PRODUCT SHOPPING
a. How to buy products
To order products, the user will have to follow the shopping process established in the website and accept the use conditions, selecting “finish and pay” (the order). Then, Miller and Marc will send an email to the user confirming the order has been accepted (the order confirmation). The contract between the user and Miller and Marc will finally be formalized once Miller and Marc sends the user the order confirmation. Only the products of the order will be in the contract.
b.Product availability
All orders are subject to availability of the Products. In case that, once sent the Order Confirmation, Miller and Marc could not dispose of the requested product for any reason, the brand will contact the User as soon as possible informing such circumstance. In this case, Miller and Marc could:
I. Inform the user, without increasing the price, about another product with similar characteristics and specifications to the first solicited, always if it is consistent with the needs of the user.
II. Offer the user to rescind the order requested reimbursing the amount paid by it, within (14) business days.
c. Negative to ship any order
Although Miller and Marc will do its best to always process all orders, there may be exceptional circumstances that force it refusing to process an order after we have sent the order confirmation email, so Miller and Marc reserves the right to do it at any time.
Miller and Marc reserves the right to withdraw any Product of the Website at any time and to remove or modify any material or content of it. Doing this, Miller and Marc won´t be responsible against users or any third party for the withdrawal of any product of the website regardless of whether the product has been sold or not. Moreover, Miller and Marc won´t be responsible against them of removing or modifying any material or content of the website.
d. Products guarantee
All products contained in the website are original from Miller and Marc. All of them offer two years guarantee according to the criteria and conditions described in the Real Decreto Legislativo 1/2007, 16 of november, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
It is understood that the goods are in accordance with the Terms of Use provided if they meet all requirements set out below:
I. They met the description given by Miller and Marc and had all the qualities of the product that Miller and Marc had borrowed to the user as a free sample.
II. They are suitable for applications of products of the same type.
III. They are suitable for any special use required by the user when he has informed to Miller and Marc, if Miller and Marc has admitted that the product is suitable for this use.
IV. Feature quality and regular benefits of a product of the same type that the user would expect, knowing the nature of the product.
In case it is proved that the product does not meet the specifications, Miller and Marc shall, where appropriate, will repair, replace, price reduce or terminate the contract being such free steps to the user.
Miller and Marc is not responsible for product damages that may result from a bad use of them, as well as acts or omissions of users who does not fulfill specifications of use of each product or damage caused by third parties not linked to Miller and Marc.
Miller and Marc put a superior care in conducting the presentation and description of the Products. However, photographs of the products are presented illustratively. To know the precise characteristics of each product users must check the descriptive data accompanying each item.
e. Delivery of products
Once Shipping Confirmation has been sent, products are delivered to an address specified by the user when ordering within one to fifteen (1-15) working days since the purchase date.
Miller and Marc assumes no responsibility when the delivery of the product would not be completed as a result of the data provided by the User is false, inaccurate or incomplete or if delivery cannot be made for reasons beyond the shipping company assigned to this purpose, as it is the absence of user or the Customs product retention.
Delivery times are approximate, although Miller and Marc tries to match them.
f. Price and payment of products
Prices applied to each product will be published on the Website on the date on which the user orders. Prices, for each product or service offered on the site, listed include Value Added Tax (VAT) and shall be in Euros (€). Prices charged to each service, will be published on the website or provided as offers and promotions on the website or banners, business communications provider, etc. Although Miller and Marc tries to ensure that all prices listed on the website are accurate, errors may occur. If Miller and Marc discover an error in the price of any of the products ordered , the user will be informed as soon as possible and will have the option of reconfirming the order at the correct price or canceling it. If Miller and Marc fails to contact the user, the order will be canceled and the user will be refunded in full the amounts they had paid.
Miller and Marc is not obligated to provide the user with any Product at a lower wrong price (even if Order Confirmation has been sent) if the pricing error is obvious, unmistakeable and could be reasonably recognized by the user as the wrong price.
Prices may change at any time. However, changes will not affect the Products in regards with which Miller and Marc have already sent the Delivery Confirmation.
i. Payment method
The user could make the payment by credit or debit card, Visa Electron, Mastercard or American Express. To minimize the risk of non authorized access, the user card data will be modificated.
ii. VAT
VAT rate will be the legal valid rate at any time depending on the specific product in question.
g. Special information about prescription lenses shopping
Miller and Marc distributes additional or replacement glasses, doesn’t do eye tests. If you haven’t ever used eyeglasses, we recommend you to visit before an optometrist or ophthalmologist, who will make the graduation and adaptation of your glasses.
For Miller and Marc to distribute ophthalmic lenses with specifications that optometrist or ophthalmologist has prescribed to the user, he/she must understand and accept the following conditions:
i. Miller and Marc will send you glasses according to the information the user has provided to Miller and Marc.
ii. Trust. Miller and Marc trusts that the information users provide when making any order at www.millerandmarc.com is correct and complies with the prescription that an eye care professional has prescribed. Moreover, Miller and Marc also trusts that the user has made an adaptation of such a prescription and it has been well tolerated.
iii. The prescription that the user provides to Miller and Marc has been given by an optometrist or ophthalmologist to the user in the last 12 months.
iv. Miller and Marc wont be responsible if the client does not adapt to the prescription glasses with the specifications the client has previously given to Miller and Marc and prescripted by a vision specialist.
v. Miller and Marc reserves the right to not provide eyeglasses if the specifications provided are not clinically appropriate.
4. RETURNS AND CHANGES IN THE PRODUCTS
a) Cancellation policy
According to the applicable legislation, if the User is contracting as a consumer, he can withdraw from the contract (except in cases established by law), return for free and change the Products delivered at any time within thirty (30) calendar days from the date of delivery (the "Cooling Off period"). The referred right of withdrawal is not valid with those products that have been created in accordance with the specifications made by the purchaser or clearly personalized. The establishment has a maximum period of 14 days to proceed with the reimbursement from the moment the customer makes the withdrawal, being able to retain it until the product is in our facilities and having it reviewed.
Once the relevant inspection of the returned product has been made, if requirements of paragraph c) are met and assuming that the user doesn’t decide to make a change the product, Miller and Marc will reimburse the User the amount of product except the shipping costs assumed by the user according to the following table:
After the withdrawal period, no returns or exchanges of products are accepted. Exchanges will be accepted only for products that could have resulted defective according to the exposed in paragraph b) below.
b) Return or exchange of defective products
In case the user thinks the product doesn’t meet the exposed product specifications, he/she will have to contact with Miller and Marc immediately by email to [email protected], providing the product data, product defect and if he would like the return or exchange the product by another one.
Users can return the products in the same place they were delivered, to a courier man that Miller and Marc will send, or return the product for themselves. Once the relevant inspection of returned product has been made, Miller and Marc will send an email informing the "Decision to Return or Replacement”. In this case, the refund or product replacement will be made as soon as possible, within fourteen (14) days from the date of dispatch of the decision to return or replacement calendar days.
In case of appropriate return, Miller and Marc will fully reimburse the User the price of the product and shipping costs supported by the user within Spain Peninsula. If the user has chosen replacement, Miller and Marc will pay all shipping costs within Spain Peninsula.
c) General return cases
The user will have to comply the following requirements to use the right of withdrawal, as well as to be able to make returns and product substitutions:
i In order to organize the product collect, the user will previously contact Miller and Marc sending an email to [email protected];
ii The user will prove the right of withdrawal in every admitted form by law, in any case considered validly exercised by returning the Product;
iii The product may be returned in the same conditions it was delivered. Miller and Marc won't reimburse any quantity if the product has suffered any damage, so the user will have to be careful when is in its possession;
iv The return will be done by the same payment method the user used to pay the product.
5. HOME TRY-ON SERVICE
Miller and Marc offers the “Home try-on” service, so users can try-on 5 frames, during 5 days, for free. During the shopping process, we’ll ask users for the bank details before completing the home try-on order. We won´t do any charge in user's bank account for the frames, except in the following case:
Only in the case of no return of the try-on glasses in the next 10 days or if any frames are damaged, we will do a special charge in the user bank account equivalent to 79€ for each frame not returned or damaged. This is our price for the frames without the lenses. To avoid this charge, the client will only have to return the try-on frames to the courier man, that will contact him 5 days after receiving them (we will send a reminder email). If the try-on order finishes at the weekend or holidays, we will collect it in the next business day. If the user needs more days, will have to ask for them by email at [email protected].
6. WEBSITE USE
Miller and Marc provides access to a lot of information, services or data (hereafter referred to as "content") on the Internet belonging to Miller and Marc to which the user may have access. The user assumes responsibility for the use of the Website. This responsibility extends to the record necessary to access certain services or content. When registering, the user will be responsible for providing true and lawful information. The user agrees to make appropriate use of content and services that Miller and Marc offered through its website.
7. TERMS OF USE AND ACCEPTANCE
These conditions regulate the visits to the website millerandmarc.com. The visit to the website implies full and unreserved acceptance of every conditions. If you don’t agree to this conditions, you won’t have access to visit millerandmarc.com. The customer service of this website is regulated too by this conditions.
8. ACCESS AND VISIT TO THE WEBSITE
The benefit of the service of Miller and Marc website is free and doesn’t requires the previous user subscription or registration.
9. PROPER VISIT TO THE WEBSITE
The user agrees to use the website, its contents and the Miller and Marc service, in accordance with the law and the present conditions, the good manners and the public order. In the same way you agree to don´t use the website, its contents and the Miller and Marc service with illegal purposes, or contrary to the content of these Conditions, harmful to the rights and interests of others, or in any way damage, render useless acts, overburden, or deteriorate the website or its content or service of Miller and Marc or prevent the normal use or enjoyment thereof by other people.
10. GUARANTEE LIMITATION AND RESPONSIBILITIES
Miller and Marc doesn’t control or guarantee the absence of virus or other elements in the contents that may cause alterations in your computer system (software and hardware) or electronic documents and files stored in your computer system. Miller and Marc excludes all responsibility for damages of any kind that may result from the presence of viruses or the presence of other elements in the contents that may cause alterations in its computer system, electronic documents or files from users of the website.
11. COPYRIGHT, INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
All contents of the website millerandmarc.com and its services are exclusive and worldwide property of Miller and Marc, including without limitation, graphic desing, logos, pictures, text, brand and other hallmarks, in every programming language used, as well as any software and web development of this site. Any reproduction, distribution, public communication, transfer and any other act or form of exploitation not expressly authorized by the holder of the operating rights is prohibited.
All the brands that appear in the website millerandmarc.com are registered brands and Miller and Marc property.
12. TECHNICAL LINKS
The website sometimes sets technical links for the user (links, banners or buttons), directories and search tools that allows the users the accesS to websites owned by others. Miller and Marc doesn’t offer or market itself, or through others, the services available in the linked sites. And don’t even control, exercise supervision or approve the products, services, content, information, data, files and any other kind of material in these linked sites.
Accordingly, Miller and Marc disclaims any responsibility for the information found outside this website and not managed by Miller and Marc. The purpose of these links is exclusively to inform the user about the existence of other sources information on the subject on the Internet where you can expand the information provided on this website. These links does not constitute a suggestion, invitation or recommendation to visit the destinations, and therefore Miller and Marc shall not be responsible for the results obtained through these links.
13. LAW AND JURISDICTION
The present conditions, as well as another relation between the User and Miller and Marc, will be ruled by the Spanish legislation.
For any question between you and Miller and Marc, arising from the existence or content of these terms or because of your visit to the website, both parties expressly waive any other jurisdiction that may correspond to them and subject themselves to the exclusive jurisdiction of the Spain.
