Terms of service
Please read these general terms and conditions of online sale carefully ("Terms"), as they govern the purchase of goods ("Product(s)") through the e-commerce website www.arenaeyewear.it (the "Website").
You may save and print these Terms using your browser's functions or by clicking here.
The Terms applicable to each purchase are those published on the Website at the time the order is submitted. Even if you have already made purchases in the past, we invite you to review the updated version of the Terms carefully each time before placing a new order.
The Products available on the Website are sold directly by:
Fluxus S.r.l.
Via Giardini no. 324 - 42124 Modena (MO)
VAT no.: 04148800362
Customer service e-mail: customercare@fluxuseyewear.com
Customer service phone: +393316912336
("Fluxus" or the "Seller")
The Website is intended for retail sales to consumers, i.e. natural persons acting for purposes unrelated to their business, commercial, craft or professional activity (the "Buyer" or "you"). In order to make purchases through the Website, you must be of legal age (18 years old) and have legal capacity under the applicable law. You may purchase through the Website if you are a consumer residing in one of the countries forming part of the European Economic Area.
These Terms do not apply to purchases made by professionals and businesses. Persons wishing to purchase for professional or commercial purposes may contact Fluxus at customercare@fluxuseyewear.com.
For more information on the processing of your personal data, please consult the Privacy Notice and Cookie Policy available on the Website.
The Products sold on the Website are not medical devices and are not intended to correct visual defects.
SUBJECT MATTER OF THE CONTRACT
These Terms govern the distance sale, by electronic means, of the Products available on the Website.
The main characteristics of the Products are described in the relevant product sheets available on the Website. Product images are for illustrative purposes only: although we strive to represent each Product accurately, colours and appearance may differ slightly depending on the device used for viewing.
Fluxus acts as an authorised reseller of the Products available on the Website and guarantees their authenticity.
The Seller reserves the right not to accept orders with delivery to areas not served by, or not reachable by, the courier.
All orders are subject to Product availability. Any indication of availability on the Website does not constitute an absolute guarantee of immediate fulfilment. If, after submission of the order, a Product is found to be unavailable, in whole or in part, the Seller will promptly notify you. In such case, the order will be cancelled with regard to the unavailable Product only, or in its entirety where this does not allow proper performance of the contract, with reimbursement of any amounts already paid.
The Seller reserves the right to refuse or cancel orders that appear abnormal in terms of quantity, frequency or purchasing method.
PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT
The online sales contract is concluded exclusively through the internet and via the Website, by following the procedures and instructions indicated therein.
In detail, in order to purchase one or more Products, you must:
• select the Products and add them to the cart;
• access the cart by clicking the relevant icon and check the order summary;
• read the Privacy Notice and accept these Terms;
• proceed to checkout;
• enter the data required for shipping, any invoicing and payment;
• review the order summary and confirm the purchase by clicking the "Pay now" button.
Before proceeding to payment, you may further view the summary of the selected Products, including the specific indication of the total price, applicable taxes and shipping costs calculated on the basis of the delivery address provided.
By clicking the "Pay now" button, you confirm that you wish to place the order and acknowledge that such order entails the obligation to pay the indicated price.
The e-mail confirming your order will contain a summary of the purchased Products, the total price, shipping costs where applicable, the chosen payment method and information on exercising the right of withdrawal.
The sales contract shall be deemed concluded when Fluxus receives your order through the Website.
PRICES AND SHIPPING COSTS
The prices of the Products shown on the Website are expressed in euro and include VAT where applicable. In the event that, due to a material, technical or IT error, the price shown on the Website is manifestly lower than the actual price of the product, the Seller reserves the right to cancel the order.
Shipping costs, where applicable, are indicated separately during the purchase procedure and before submission of the order. The shipping costs indicated on the Website refer to standard orders and are calculated on the basis of the delivery address entered in the relevant form.
If delivery cannot be completed for reasons attributable to you (for example, incorrect address or failure to collect the parcel), any new shipping costs may be charged to you.
Discount codes
Any discount or promotional codes must be entered in the relevant field during checkout.
If you do not enter the discount code before completing checkout, it will no longer be possible to use it for the purchase already completed.
Promotional codes may be subject to time or usage limitations, are not convertible into cash, are not cumulative unless otherwise indicated, and are strictly personal. As the sole beneficiary of the code, you are asked to keep it confidential and not share it with others.
Fluxus reserves the right to cancel discount codes used fraudulently or in breach of the promotion terms.
PAYMENT METHODS
Payment for the Products may only be made using the methods indicated on the Website at the time of checkout. Payment data are handled directly by the payment service providers and are not processed or stored by the Seller.
In particular, the following payment methods are accepted:
Credit card
Cards from the Visa, Mastercard, Maestro, UnionPay and American Express networks are accepted. Transactions are managed through the Shopify Payments system, which uses security protocols compliant with international standards.
Please note that customer service operators are never authorised to ask you for your credit card numbers. If the funds on the card are sufficient for the purchase and the data provided are valid, the payment service provider may, where provided for by its terms, send you a charge confirmation.
Klarna
Klarna is a payment service that allows you to pay the full amount immediately, or within a certain period of time without interest. Alternatively, the service allows you to split the payment into monthly instalments at no additional cost.
If you select payment through Klarna, you will be redirected to complete the purchase. Use of the service is subject to Klarna's terms and conditions.
Shop Pay, Google Pay, Apple Pay, Bancontact, iDEAL
If you select these payment services, which may include autofill features that store your card details in order to add them automatically at the time of payment, you will be redirected to the relevant provider's platform to complete the transaction. The use of these services is governed by the contractual terms of the respective providers.
DELIVERY TIMES AND METHODS
Fluxus will ship the Products without undue delay and in any event within a maximum of 30 days from the conclusion of the contract. Indicatively, shipping times are 2 working days from submission of the order and delivery times are 1 - 4 working days from the shipping date.
The times indicated are merely indicative and may vary depending on the destination or periods of heavy order volume (e.g. sales or promotions).
At the time of shipment, i.e. when the courier collects your order from our warehouse, you will receive an e-mail containing the tracking code so that you can monitor the status of the shipment independently and in real time.
The risk of loss of or damage to the Products passes to the Buyer only upon delivery.
Upon receipt of the Products, carefully check the integrity of the packaging and parcel. In the event of visible anomalies, we advise you not to accept the delivery or to accept it with reservation and promptly contact customer service at customercare@fluxuseyewear.it.
In order to allow us to assess the anomaly found, we will ask you to provide photographic evidence of the parcel received.
RIGHT OF WITHDRAWAL
Article 52 of the Italian Consumer Code grants you the right to withdraw from the contract without giving any reason and without incurring any costs, except those possibly provided for the return of the Product.
You may exercise the right of withdrawal and return the Products within 14 (fourteen) days from the date on which the Product was delivered to you or, in the case of the purchase of several Products delivered separately under one order, from the date on which the last Product was delivered.
Conditions for exercising withdrawal
It is not possible to exercise the right of withdrawal for custom-made, personalised or damaged Products resulting from improper use or handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
You are responsible for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, scuffing, scratching, deformation, etc.), incomplete in all their elements and accessories (including any labels and tags still attached to the product and unaltered), not accompanied by the attached instructions/notes/manuals, the original packaging and wrapping and the warranty certificate, where present, the exercise of the right of withdrawal will not be accepted or, where the legal conditions are met, an amount corresponding to the decrease in value will be retained.
How to exercise withdrawal
To exercise the right of withdrawal, you may click on the appropriate link contained in the e-mail communications you receive after submitting the order, in order to access the "View Order" section. In that section, you may select the "Request return" button to exercise your right of withdrawal.
In any event, you may always inform us of your intention to exercise the right of withdrawal by e-mail to customercare@fluxuseyewear.com, indicating the order number and the e-mail address used for the purchase.
You will receive by e-mail confirmation that your withdrawal request has been taken in charge, together with return instructions.
Return of the Products
The Products must be returned within 14 (fourteen) days from the notice of withdrawal. In this case we will contact you to arrange shipment.
If you no longer have the original shipping packaging, you may use alternative packaging that ensures protection of the Product during transport.
The Products must be returned in their original undamaged packaging, with all original tags and any accessories included (e.g. lens cleaning cloths). The Products must be in their original condition, unaltered and unused except to the extent reasonably necessary to decide whether you wish to keep them.
Return costs and refund
The return shipping costs are borne by us and we will arrange the shipment.
Once we have received and checked the returned Products, we will proceed with the refund within 14 (fourteen) days using the same payment method used for the original purchase, unless you request a refund by different means of payment. In such case, any additional costs arising from the different refund method requested shall be borne by you.
DEFECTIVE OR NON-CONFORMING PRODUCTS
All Products sold through the Website are covered by the legal guarantee of conformity provided for by the Italian Consumer Code, covering any lack of conformity existing at the time of delivery of the goods and becoming apparent within 2 (two) years from that time.
Unless proved otherwise, any lack of conformity becoming apparent within 1 (one) year from delivery shall be presumed to have already existed on that date, unless this is incompatible with the nature of the goods or the nature of the defect.
In the event of a lack of conformity, you are entitled to have the conformity of the goods restored by repair or replacement or, in the cases provided for by law, to a proportionate reduction in the price or termination of the contract.
To report a lack of conformity and activate the legal guarantee, you may contact customer service at customercare@fluxuseyewear.com, indicating the order number, the Product concerned and a description of the defect, possibly accompanied by photographic material.
The guarantee does not cover damage or anomalies resulting from improper use, accidental events, normal wear and tear, maintenance not compliant with the instructions or interventions carried out by you or unauthorised third parties.
Any refunds will, where possible, be made using the same payment method used for the original purchase.
COMPLAINTS AND CUSTOMER SERVICE
For any information, report or complaint regarding the Products or orders placed through the Website, you may contact customer service at customercare@fluxuseyewear.com.
Fluxus will take charge of complaints received and respond within a reasonable period, taking into account the nature of the request.
LIMITATION OF LIABILITY
Fluxus shall not be liable for indirect or consequential damages that were not foreseeable at the time the contract was concluded, without prejudice to the mandatory limits of law protecting consumers.
In any event, Fluxus shall not be liable for delays or failures due to force majeure, unforeseeable events, unavailability of transport services, interruptions to telecommunications networks or other events not attributable to the Seller.
INTELLECTUAL PROPERTY
All content on the Website, including, by way of example, the trade name, registered trade marks and any other graphic, textual, photographic or video sign relating or referable to the Products or to Fluxus, is protected by intellectual property rights.
Any reproduction, distribution, communication to the public, modification or use, in whole or in part, of the Website content without the prior written consent of the owner of the relevant rights is prohibited.
APPLICABLE LAW AND DISPUTE RESOLUTION
These General Terms and Conditions are governed by Italian law. In any event, any mandatory rights that may be granted to consumers by mandatory provisions of law in force in the State where you reside shall remain unaffected.
In the event of disputes or complaints relating to purchases made through the Website, we invite you to contact our customer service in advance at customercare@arenaeyewear.com so that the matter may be assessed and, where possible, resolved amicably.
Your right to resort to alternative dispute resolution procedures ("ADR") provided for by Articles 141 et seq. of the Italian Consumer Code before the competent ADR bodies remains unaffected. ADR procedures are out-of-court mechanisms for settling disputes between consumers and traders, including in cross-border matters. Consumers residing in the EEA may consult the official list of dispute resolution bodies approved by the European Commission and available in their country through the European Commission's consumer protection portal.
Your right to bring proceedings before the competent judicial authority under the applicable law also remains unaffected. For disputes relating to purchases made by consumers, jurisdiction lies with the court of the place of residence or domicile of the consumer or, at your sole option, the Court of Modena.
LANGUAGE
These Terms are drafted in Italian and in English.
In the event of any discrepancy between the Italian version and any other version, you agree that the Italian version shall prevail.