Terms and conditions

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.

 

As well as these Terms of Sale, other important legal terms are set out in our Terms of Use, Returns Policy, Warranty Policy and Privacy Policy (“Additional Policies”). By agreeing to these Terms of Sale you also agree to the Additional Policies, all of which form part of the legally binding contract between us and you. You should read these Terms of Sale and the Additional Policies carefully before buying anything from the Site. In the event of a conflict between these Terms of Sale and any one of the Additional Policies, these Terms of Sale will apply.

 

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 info@pegaso.es

 

 

PART A – INFORMATION ABOUT THE SITE AND THE GOODS 

This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.

 

 

Information provided 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:

 

  • the colours of goods as shown on the Site will depend on many factors – including your display settings;
  • the actual sizes and shapes of the goods may differ from how they appear on your screen;
  • pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
  • All goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
  • we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only. Actual delivery dates may vary. Further delivery details may be available on our delivery service provider's tracking website. Please see PART B below for more information about delivery; and
  • not all goods and promotions that are offered on the Site will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion.
  • We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
 
 

Availability

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.

 

 

Security

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.

 

 

PART B – BUYING GOODS 

This PART B sets out the terms that apply to your purchase of goods from the Site.

 

 

Placing your Order

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.

 

 

Order Acceptance

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.

 

 

Payment

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.

 

 

Pricing Errors

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).

 

 

Delivery

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:

 

  • the delivery address specified for delivery must be within our pre-defined delivery areas, as listed below. We do not deliver to P.O. boxes;
  • although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
  • if delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Order Confirmations have been sent). If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery; and
  • once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.

 

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.

 

 

PART C – CANCELLING YOUR ORDER AND RETURNING 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.

 

  • “Made to order” goods

- 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.

 

  • “Finished” 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.

 

 

PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

 

About Us

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: info@pegaso.com

 

 

Our Liability to you

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.

 

 

Warranties

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.

 

 

Events Beyond Our Reasonable Control

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.

 

 

Waiver

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.

 

 

Invalidity

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.

 

 

Privacy

Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.

 

 

Third Party Rights

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.

 

 

Governing Law

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.

 

 

Terms Of Use

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.

 

 

Content

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.

 

 

Linking

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.

 

 

Revisions

PEGASO EYEWEAR may, from time to time, make revisions to its website, and reserves the right to do so with immediate effect and without recourse from any user. You should check these terms of use and our other policies posted on the website each time you visit - they may have changed since your last visit.

 

 

Feedback

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.

 

 

Matter you may submit to the Company

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.

 

  • Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Company will become, upon your submission, the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that the Company has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to the Company. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third-parties.

 

  • The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

 

  • You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

 

  • Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

 

  • You agree to fully indemnify the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
 
 

Use of the website

You agree to use the website only for lawful purposes and in a manner that is consistent with these terms of use and applicable law.

 

You will not:

 

  • interfere or attempt to interfere with the proper operation of the website, or take any action which is likely to cause the website to be interrupted or degraded; or
  • attempt to gain unauthorised access to the computer system of PEGASO EYEWEAR or that of any other user; or
  • upload files that contain viruses, trojans, worms, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of PEGASO EYEWEAR’s computer or that of another.

 

 

Disclaimer

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.

 

Nothing in these terms of use operates so as to exclude, limit or restrict PEGASO EYEWEAR’s liability for death, personal injury or fraud. Where you deal as a consumer, nothing in these terms of use affects your right under law.

 

 

Privacy

For information about how we use your personal information please refer to our Privacy Policy.

 

 

Controlling Law

The website is controlled and operated by OPTOR SA. whose headquarters are at Barcelona, Spain. These terms of use shall be governed by and construed in accordance with Spanish law. The courts of Spain shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the use of this website or its subject matter.

 

 

Copyright Information

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.

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