General Conditions of Sale

GENERAL CONDITIONS OF SALE
www.opticabegiristain.com

1. GENERAL INFORMATION
The ownership of this website, www.opticabegiristain.com, (hereinafter Website) is held by: Aitor Begiristain Auzmendi, hereinafter Optica Begiristain, provided with CIF: 72481244X:
Address: Helbarrena 30, 20211 Ataun, Guipúzcoa

This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.opticabegiristain.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Optica Begiristain develops through the Website comprises:
sale and making available to the public of all types of glasses
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Optica Begiristain. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the above, so if you do not agree with all of it, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website since those in force at the time the acquisition of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER
Accessing, browsing and using the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), for which reason all the Conditions established herein, as well as their subsequent modifications, are accepted from the start of browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
• Use this Website only to make legally valid inquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities informed.
• Provide truthful and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is mainly addressed to Users residing in Spain. Optica Begiristain does not ensure that the Website complies with the laws of other countries, either totally or partially. Optica Begiristain declines all responsibility that may derive from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with Optica Begiristain the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.opticabegiristain.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on "Finalize Purchase".
Likewise, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Optica Begiristain has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, they will also be informed by email when their purchase is being sent. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
In the purchase procedure, the User can select whether they wish to receive their invoice in electronic or paper format without having to pay any economic amount. If electronic invoice is selected, it will be sent to the User via email and, where appropriate, through their personal connection space to the Website. The User can at any time revoke the consent to receive the electronic invoice by requesting it through our email info@opticabegiristain.com or our telephone: +34 675717811.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the completion of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Communications, purchase orders and payments involved during transactions carried out on the Website may be archived and kept in the computerized records of Optica Begiristain in order to constitute a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly attending to the LOPDP and DD and the rights that assist Users in accordance with the privacy policy of this Website (Privacy and Data Protection Policy). 

4. AVAILABILITY
All purchase orders received by Optica Begiristain through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and/or the provision of the services. If difficulties occur regarding the supply of products or if no products remain in stock, Optica Begiristain undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unrealizable.

5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.
However, and unless otherwise stated promptly, the prices of the items offered exclude shipping costs, which may be incurred, and which will be added to the total amount due at the time of managing the shipping procedure by the User, where the latter will consult the available shipping methods and costs and freely choose the one that suits them best.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices can change at any time, but possible changes will not affect orders or purchases regarding which the User has already received an order confirmation.
Accepted payment methods will be: Paypal, Debit-Credit Card and Bank Transfer.
Credit cards will be subject to checks and authorizations by the issuing bank entity; if said entity does not authorize payment, Optica Begiristain will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

In any case, by clicking on Finalize Purchase the User confirms that the payment method used is theirs or that, where appropriate, they are the legitimate holder of the gift card or credit card.

6. DELIVERY
In cases where it is appropriate to perform the physical delivery of the contracted good, deliveries will be made within the scope of the following territory: In Spain, all Autonomous Communities in the Iberian Peninsula, Canary Islands and Balearic Islands. Therefore, delivery to Ceuta and Melilla is excluded.

Delivery Costs:
- Shipping by courier service:
Shipping is free to all of Mainland Spain, the Balearic Islands and the Canary Islands.

The delivery time in mainland Spain and the Balearic Islands will be: 24-48 Hours. Canary Islands: 48-72 hours.

Excepting those cases where there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days starting from the date of order confirmation.
If for any reason attributable to it, Optica Begiristain could not comply with the delivery date, it will contact the User to inform them of this circumstance and the latter may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it proves impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the delivery location in the agreed time slot, they must contact Optica Begiristain to agree on delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for causes not attributable to Optica Begiristain, Optica Begiristain will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must keep in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks that may derive from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Optica Begiristain receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time later than the complete receipt of the amount object of payment by Optica Begiristain.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at each moment depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case they detect that an error has occurred when entering necessary data to process their purchase request on the Website, they may modify them by contacting Optica Begiristain through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.
In any case, the User, before clicking on Finalize Purchase, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Privacy and Data Protection Policy to gather more information on how to exercise their right of rectification as established in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS
In cases where the User acquires products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within a period of 14 calendar days without need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the goods purchased on the Optica Begiristain Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by them, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify their decision to Optica Begiristain.
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Optica Begiristain makes available to them as an annexed part of these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient that the communication expressing unequivocally the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, Optica Begiristain will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Optica Begiristain is informed of the decision to withdraw by the User.
Optica Begiristain will refund the User using the same payment method used for the initial purchase transaction. This refund will not generate any additional cost to the User. However, Optica Begiristain could withhold said refund until having received the products or items of the purchase, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Optica Begiristain at:
Optica Begiristain
Helbarrena 30, 20211 Ataun, Guipúzcoa
Phone: +34 675717811
Email: info@opticabegiristain.com
And they must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Optica Begiristain was informed of the withdrawal decision.
The User acknowledges knowing that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, they will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of illustration, and not exhaustive, this would be the case for: personalized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their wrapping as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by Optica Begiristain, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, products must be returned along with instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
IMPORTANT: During the validity of the State of Alarm or its possible extensions, deadlines for returning products purchased by any means, whether in person or online, are interrupted. The calculation of deadlines will resume at the time when the Royal Decree 463/2020, of March 14, declaring the State of Alarm, or its extensions, loses validity.

Return of defective products or error in shipping
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what was stipulated in the contract or purchase order, and therefore, must contact Optica Begiristain immediately and let them know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if a refund or, where appropriate, its replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User could have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at each moment for the User as a consumer and user will always be respected.

Warranties
The User, as a consumer and user, enjoys warranties on products that can be acquired through this Website, in the terms legally established for each type of product, Optica Begiristain responding, therefore, for the lack of conformity thereof that manifests within a period of three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they adjust to the description made by Optica Begiristain and possess the qualities presented in it; they are suitable for the uses to which products of the same type are ordinarily intended; and present the quality and normal performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics provided that these derive from the type of material they have been made with, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could happen that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the three years following delivery of said products. For this, the User must have kept all information in relation to the product's guarantee.

9. AFTER-SALES SERVICE

Optica Begiristain has an after-sales service; while the guarantee is valid, the customer can execute it by going to the Optica Begiristain establishment, to the after-sales service. In addition, you can contact our after-sales service in case of doubts about your items, inquiries, advice or any problem with products or in the delivery process. It offers the fastest and most effective attention to our customers.

To contact our after-sales service, you can use any of the following means, indicating your invoice number or order number and date:

Postal address: Optica Begiristain Helbarrena 30, 20211 Ataun, Guipúzcoa
Phone: +34 675717811
Email: info@opticabegiristain.com

10. DISCLAIMER OF LIABILITY
Unless legally provided otherwise, Optica Begiristain will not accept any responsibility for the following losses, regardless of their origin:
• Any losses that were not attributable to any breach on its part,
• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products was formalized between both parties.

Likewise, Optica Begiristain also limits its responsibility regarding the following cases:
• Optica Begiristain applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature.
• Optica Begiristain will act with maximum diligence in order to make the product subject to the purchase order available to the company responsible for transport. However, it is not responsible for damages arising from a transport malfunction, especially for causes such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or thefts of the product.
• Technical failures that for accidental or other causes prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance reasons or others, which prevents having the service. Optica Begiristain puts all means at its disposal to carry out the process of purchase, payment and shipping/delivery of products, however it is exempt from responsibility for causes that are not attributable to it, accidental case or force majeure.
• Optica Begiristain will not be held responsible for misuse and/or wear of products used by the User. At the same time, Optica Begiristain will also not be held responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
• In general, Optica Begiristain will not be responsible for any failure or delay in fulfilling any of the assumed obligations, when it is due to events that are outside our reasonable control, that is, due to force majeure, and this may include, by way of illustration but not exhaustive:
◦ Strikes, lockouts or other industrial action.
◦ Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
◦ Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
◦ Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
◦ Impossibility of using public or private telecommunications systems.
◦ Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Optica Begiristain will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Optica Begiristain will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with Optica Begiristain are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that every contract, notification, information and other communications that Optica Begiristain sends electronically complies with legal requirements of being in writing. This condition will not affect rights recognized by law to the User.
The User can send notifications and/or communicate with Optica Begiristain through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Optica Begiristain can contact and/or notify the User at their email or at the provided postal address.

12. WAIVER
No waiver by Optica Begiristain of a specific right or legal action or the lack of requirement by Optica Begiristain of strict compliance by the User of any of their obligations shall mean, neither a waiver of other rights or actions derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with their obligations.
No waiver by Optica Begiristain of any of these Conditions or of rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

13. NULLITY
If any of these Conditions were declared null and void by a firm resolution dictated by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. ENTIRE AGREEMENT
These Conditions and every document referred to expressly in these constitute the entire agreement existing between the User and Optica Begiristain in relation to the purchase object and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Optica Begiristain acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

15. DATA PROTECTION
The information or data of a personal nature that the User provides to Optica Begiristain in the course of a transaction on the Website, will be treated according to what is established in the data protection policies (Privacy and Data Protection Policy). By accessing, browsing and/or using the Website the User consents to the processing of said information and data and declares that all information or data provided are true.

16. SECURITY AND BUYER PROTECTION

17. APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing and/or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with sales contracts between Optica Begiristain and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

18. COMPLAINTS AND CLAIMS
The User can send Optica Begiristain their complaints, claims or any other comment they wish to make through the contact data provided at the beginning of these Conditions (General Information).
In addition, Optica Begiristain has official complaint forms available to consumers and users, which they can request from Optica Begiristain at any time, using the contact data provided at the beginning of these Conditions (General Information).
Likewise, if a controversy emanates from the celebration of this purchase contract between Optica Begiristain and the User, the User as a consumer can request an out-of-court solution for controversies, in accordance with EU Regulation No. 524/2013 of the European Parliament and the Council, of May 21, 2013, on online resolution of consumer disputes and modifying Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.

Last modification of these General Conditions of Sale: 31.05.2021

ANNEX
Information about the exercise of the right of withdrawal

A. Information to the consumer and user about withdrawal

Right of withdrawal:

You have the right to withdraw from this contract within a period of 14 calendar days without need for justification.

The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.

To exercise the right of withdrawal, you must notify us at:

Optica Begiristain

Helbarrena 30, 20211 Ataun, Guipúzcoa

+34 675717811

info@opticabegiristain.com

your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient that the communication relating to the exercise by you of this right is sent before the corresponding deadline expires.

Consequences of withdrawal:

In case of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the refund.

We may withhold refund until we have received the goods, or until you have presented proof of their return, depending on which condition is met first.

You must return or deliver the goods directly to us or to…

Optica Begiristain

Helbarrena 30, 20211 Ataun, Guipúzcoa

+34 675717811

info@opticabegiristain.com

without any undue delay and, in any case, no later than within a period of 14 calendar days from the date you communicate your decision to withdraw from the contract. The deadline will be considered met if you return the goods before said period has ended. You must bear the direct cost of returning the goods.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods

B. Model withdrawal form

(you only need to fill out and send this form if you wish to withdraw from the contract)

To the attention of:

Optica Begiristain

Helbarrena 30, 20211 Ataun, Guipúzcoa

info@opticabegiristain.com

I/we (*) hereby notify you that I/we withdraw from my/our (*) sales contract for the following item/provision of the following service (*)

Name of item/service (*): ______________________________________________

Ordered on (*): __ / __ / ____

Received on (*):__ / __ / ____

Name: ______________________________________________________________(name of the consumer and user or consumers and users).

Address: _____________________________________________________________(address of the consumer and user or consumers and users).

Signature: (only if this form is presented on paper).

Date: __ / __ / ____