TERMS AND CONDITIONS OF SALE
Please read these terms and conditions of sale (“terms of sale”)
carefully. These terms of sale apply to you, the user of www.ray-ban.com
(the “Website”) and the purchaser of goods (“You”), and your purchase
of any products from Luxottica USA LLC. (“Luxottica,” “We” or “Us”),
through the Website. These terms are subject to change without prior
written notice at any time, in Luxottica’s sole discretion. By placing
an order for products through the site, You agree to be bound by and
accept the terms of sale in effect at the time of such order. All sales
are expressly conditioned upon your agreement to these terms of sale, as
policy (“Additional Policies”).
1. INFORMATION ABOUT THE WEBSITE AND THE GOODS
a. This Website is directed at users in the U.S. only (and ships product to U.S. only).
b. We try to make sure that all information on the Website, 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 Website 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.
c. Buying goods over the internet provides a different shopping
experience from buying in-store. In particular, please be aware that:
(i) the colors of goods as shown on the Website will depend on many
factors – including your display settings; (ii) the actual sizes and
shapes of the goods may differ from how they appear on your screen;
(iii) pictures and images on the Website 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; (iv) all goods are subject to availability and We may not
be able to supply your order; (v) 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 (more information about
delivery is provided below); and (vi) not all goods and promotions that
are offered on the Website will be available in-store, and vice versa.
We reserve the right to adjust prices, goods and special offers at our
d. If at any time You have any questions or concerns, please contact Us at the information found at http://www.ray-ban.com/usa/contact-us
2. PURCHASING GOODS
a. Placing your Order
i. 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 Website.
ii. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
iii. When You place an order for goods via the Website, 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
iv. 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 Website. 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.
b. Order Acceptance
i. All orders are subject to acceptance by Us. For orders for goods
that are produced to your specification (such as custom sunglasses)
(“Made to Order Goods”), acceptance occurs when We send out our Order
Confirmations. For all other goods, acceptance occurs when We send You
an email that confirms that the goods ordered by You have been
dispatched (the “Shipping Confirmation”). In either case, We will not
be obligated to supply any goods until We issue an acceptance applicable
to each good, specifically.
ii. Although We hope to be able to supply all goods ordered, We
reserve the right, at our discretion and in our sole discretion, not to
accept any offer. Should We reject your order, We will notify You as
soon as reasonably possible.
i. We will take payment from your credit, debit card, gift card and
Paypal account 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.
ii. Except where otherwise set out in these Terms of Sale, the price
payable by You for the goods is the price given by the Website at the
time You place your order. Applicable taxes and the delivery fee will
be added at the time You place your order, but will not affect the base
price of the goods.
d. Shipping and Delivery
i. After We send You your Order Confirmation e-mail, We will 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
ii. The goods will be delivered by a delivery service provider to the
delivery address specified by You during the order process. 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.
3. CANCELLING AN ORDER AND RETURNING GOODS
a. Orders for Made to Order Goods cannot be cancelled after an Order
Confirmation has been sent to You due to the fact that they have been
created specifically for your use and cannot be resold by us. You may
cancel your order for all other goods at any time up until We send You
the Shipping Confirmation email.
b. For all goods other than Made to Order Goods, We offer a 45 day
returns period, allowing You to cancel your contract for up to 45 days
after the goods have been received. Please read our Return Policy on http://www.ray-ban.com/usa/return-policy for more information about our 45 day return period and returning the goods.
c. We explicitly reserve the right to reject any order or cancel any
purchase at any time in the following cases, subject to any applicable
refund: (i) the goods are not available/not in stock; (ii) the data You
provide to us in connection with your purchase is incorrect or cannot
be checked; (iii) your order is marked as suspicious or otherwise
suggestive of fraud or illegality by our security systems; (iv) We have
reason to believe that your purchase is intended for a further
commercial activity; (v) there has been an error in the indicated price
of the goods; (vi) We have reason to believe that You are under 18 years
old and do not have parental consent; or (vii) We cannot deliver the
goods to the address You have provided.
d. If any goods, including 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, provided that You notify us of the alleged defect within 45
days after the goods has been received. Please read our Returns Policy
on http://www.ray-ban.com/usa/return-policy for more information about returning the goods.
4. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Limitation of Liability IN NO EVENT SHALL LUXOTTICA BE LIABLE FOR
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR
ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL
LIABILITY OF LUXOTTICA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE
WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL
AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE
b. Warranties. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE WARRANTY POLICY(http://www.ray-ban.com/usa/warranty):
(I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBISTE ARE
PROVIDED ON AN “AS-IS” BASIS; AND (II) LUXOTTICA MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED
BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL
EXPRESS WARRANTIES OR WORRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
c. Events Beyond Our Reasonable Control (Force Majeure). 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 labor.
d. 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.
e. 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.
f. Privacy. Personal information, such as your contact details, that
You provide to Us during the order process will be kept and used by us
g. Governing Law. This agreement and all rights and obligations of
the parties shall be governed by and construed in accordance with the
laws of the State of New York without regard to its conflict of laws
provisions. The parties agree to submit to the personal jurisdiction
and venue of the state and federal courts of the State of New York
within New York County.