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 Inc. . (“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
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1. INFORMATION ABOUT THE WEBSITE AND THE GOODS
a. This Website is directed at users in 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); (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 discretion and (vii)virtual model may distort or otherwise not
provide an accurate representation of the product and its color(s),
textures, size as well as your face and facial features and the fit of
d. If at any time you have any questions or concerns, please contact
us at the information found at
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. You will be able to amend or cancel your order within one
hour of purchase through the “My Orders” page or by contacting our Customer Service at 866-472-9226.
v. By placing an order with us, you represent and warrant that you are
legally capable of signing binding agreements
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 sole discretion, not to accept any offer.
Should we reject your order, we will notify you as soon as reasonably
possible (and, if payment has occurred, we would refund your payment).
i. We will take payment from your credit, debit card, gift card,
Paypal account and other future forms of payment available at the time
your order is shipped. You will receive an email or post mail
detailing what items have shipped from your order (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 date.
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 the address you provided, 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
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 within one hour from its
b. You can decide to return product(s) purchased on Ray-Ban.com within
45 days from the receipt of the parcel. However, if you have placed
your order between the 4th of November and the 31st of December 2019,
you have 100 days to return your purchase as Holidays special policy.
Please read our Returns Policy (/usa/return-policy) for more information about our 100 day return period and returning
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 wrongly described, 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 in within 45 days after the goods has been received or 100 days
if you have placed your order between the 4th of November and the 31st
of December 2019. Please read our Returns Policy (/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 PARTICULAR DISPUTE.
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
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 our 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
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
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.
5. ELECTRONIC RECEIPT OF COMMUNICATIONS.
Your consent to receipt of electronic communications
Your Consent. To the extent permitted by applicable law, you consent
to electronically receive all records, notices, statements,
communications, and other items for all services provided to you under
these Terms and in connection with your relationship with us,
including without limitation, the HIPAA Notice of Privacy Practices
(collectively, "Communications") that we may otherwise be required to
send or provide you in paper form (e.g., by mail). By accepting and
agreeing, you represent that you have read and understand this consent
to use electronic signatures and to receive Communications