These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at www.PEGASOEYEWEAR.com (the “Site”). The Site and the goods supplied through it are provided by OPTOR SA. When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.
We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
Nothing in these Terms and Conditions of Sale will affect your statutory rights. If you have any questions about the Terms of Sale, any of the Additional Policies, the goods or the Site please contact us by visiting us at www.PEGASOEYEWEAR.com. Alternatively you can contact us by e-mail at firstname.lastname@example.org
This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.
We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that:
We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
It is your responsibility to ensure that any login details or password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
This PART B sets out the terms that apply to your purchase of goods from the Site.
Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site.
You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment for those products that have been ordered.
Where we use a third party card authorisation service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes.
When you place an order for goods via the Site, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email and an invoice email (as described in paragraph 2.1 below). The invoice email constitutes the VAT receipt for your goods. You should print off a copy of the invoice email together with a copy of these Terms of Sale and the Additional Policies and keep them safe. You will need to refer to these details when contacting us about your order.
All orders are subject to acceptance by us. Except as set out in paragraph 2.2 of this Part B below, we will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”).
The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see our Returns Policy for more details.
Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
We will take payment from your credit or debit card or Paypal at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order and the cost to ship these items (the “Invoice Email”).
If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Invoice Email will include information of the items actually shipped at that time only. We will contact you if we have any problems taking payment from the card details you provide during the order process.
Unless otherwise stated, all prices shown on the Site are inclusive of VAT and other applicable taxes. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order.
In most cases the delivery fee payable by you for your order will be that which is given by the Site at the time you place your order. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you.
We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
The Order Confirmations will include general information about your order but will not include a delivery date for your goods.
We will then send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider's website and obtain an estimated delivery date.
Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
Where delivery is being made by parcel courier, delivery will be made only to the point of entry of the delivery address.
On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.
We have different return processes for made to order goods and finished goods due to the nature of made to order goods and we have set these out below.
- Cancelling your order. Orders for goods that are produced to your specification cannot be cancelled after the Order Confirmations have been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us.
- Faulty goods. If made to order goods have been delivered and found to be misdescribed, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction then these goods can be returned. Please read our Returns Policy for more information about returning the goods.
- Cancelling your order. You may cancel your order for all finished goods at any time up until we accept your order, which is the date that we send you the Shipping Confirmation email, in accordance with PART B of these Terms of Sale.
We also offer a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods.
- Faulty goods. If you discover that your goods are faulty then you may return them to us. Please read our Returns Policy for more information about our return period and how to return the goods.
OPTOR SA is a Spanish company.
If you would like more information about us, or want to get in touch with us, please contact us at by visiting www.PEGASOEYEWEAR.com. Alternatively you can contact us by e-mail: email@example.com
Our entire liability to you under these Terms of Sale and Additional Policies shall not exceed the price paid for the goods you have purchased through the Site, provided that we take reasonable care when we deliver the goods to you.
Neither we, nor any of our employees or representatives will be liable to you, whether in contract, tort, statute or otherwise, for any damages, losses, costs, claims, liabilities or expenses of any kind howsoever arising including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
Despite the limitations in paragraphs 2.1 and 2.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.
Where you buy as a consumer, these Terms of Sale and the Additional Policies will not affect your rights under law which cannot be otherwise excluded.
Details of your warranty rights in respect of each product type are set out in our Warranty Policy. These warranties are in addition to and do not affect your legal rights as a consumer.
We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
Except as expressly agreed in these Terms of Sale, a person who is not a party to this agreement between you and us shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "Act") to enforce any term of this agreement. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
This agreement is governed and shall be construed in accordance with Spanish law. Any claims or disputes arising out of or in connection with under these Terms of Sale or any of the Additional Policies shall be subject to the exclusive jurisdiction of the courts of Spain.
We welcome you to the PEGASO EYEWEAR website and thank you for visiting. We ask that you review the following basic terms that govern the use of the website. By using PEGASO EYEWEAR’s website you agree to follow and be bound by these terms. These terms may be changed from time to time and your use of the website following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
Purchases from the website are governed by our Terms and Conditions of Sale.
All of the content on this website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by OPTOR SA.
The content of PEGASO EYEWEAR’s website is intended for personal non-commercial (aside from purchases by you from our website) use by visitors to the website. You may download to a local hard disk and print extracts from this website for your personal use. However, you may not otherwise You may not copy, reproduce, publish, transmit, or otherwise use any website content without PEGASO EYEWEAR’s prior written consent. This includes a prohibition on using PEGASO EYEWEAR trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines.
OPTOR SA retains all intellectual property rights in the trade names, brand names, trade dress, text, descriptions and images depicted on this website. You should be aware that OPTOR SA will aggressively enforce all intellectual property rights in the content.
Links may be established on PEGASO EYEWEAR’s website to those owned by third parties. Any links on the website are provided solely for the use and convenience of the visitor and do not mean that we have any association with the linked website. PEGASO EYEWEAR does not control any such third party websites and PEGASO EYEWEAR is not responsible for the content of any website or any damages you may suffer from using such third party sites. We are not liable for any loss, damage, expense costs or liability whatsoever incurred by you as a result.
Linking to or framing of PEGASO EYEWEAR’s website (or any part of it) is prohibited without PEGASO EYEWEAR’s prior written consent.
Any comments or feedback submitted by users of the website shall be and remain the property of PEGASO EYEWEAR.
PEGASO EYEWEAR is under no obligation to pay for or respond to any such comments or feedback provided by users.
From time to time the Company may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
You will not:
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website. The website is provided on an ‘as is’ and ‘as available’ basis, without warranty of any kind, neither expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.
We also try to ensure that the information on the website is accurate at all times, however, we cannot warrant the accuracy of any information and we will not be held liable for any use or reliance you may make of or put on it.
You use PEGASO EYEWEAR’s website at your own risk and you assume all responsibility. PEGASO EYEWEAR will not be responsible for any damages you may suffer as a result of your use from this website.
THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" AND PEGASO EYEWEAR (“PEGASO EYEWEAR”) AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. Although PEGASO EYEWEAR has attempted to provide accurate information to better serve its customers, it assumes no responsibility for the accuracy of the information. PEGASO EYEWEAR may change any specifications related to its products at any time without notice and will make an effort to update this web site with any new information, but assumes no responsibility for failing to do so. Your local law may preclude the exclusion of implied warranties.