General terms and conditions
Thank you for visiting OPTI.FASHION, a The Blickers SL website (the "Site"). OPTI.FASHION is a leading online retail store and information site for sunglasses, frames, and related products. The Site is designed by us, OPTI.FASHION, a company with limited liability situated in and vested under the laws of Spain and the European Union, to provide a convenient, private and informative shopping experience for consumers to purchase eyewear and related products 24 hours a day, 7 days a week. To provide each visitor of the site a safe and enjoyable visit, we have established the following general terms and conditions, in order to create a mutual understanding between buyer and seller.
1. General Information
THE BLICKERS SL: In compliance with article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce. The following is the identification of the owner of this website: B-55592497. Address: Av. Sant Jordi 17.43201 Reus (Tarragona, Spain). Entered in the Register of Tarragona, Volume 2729, Folio 205, Leaf T-45072, entry 1.
2. Validity of the general conditions
2.1. Please read these Terms carefully and make sure that you understand them before ordering any items from our site. When you formalize an order you confirm that you agree with the terms and conditions and therefore you state that:
• You understand and comprehend the conditions hereby exposed
• You are an adult, over 18 years of age
2.2. All our offers, products and services are based exclusively on the following General Terms and Conditions, even when accessed from outside Spain. Customers’ terms and conditions that conflict with or differ from these conditions are not valid.
2.3. We reserve the right to amend these Terms from time to time and at our own discretion.
3. Website content
3.1. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible. However, as they are mainly provided by the manufacturer of the item, we cannot make any guarantees as to whether the item will be exactly as shown in the pictures or match the manufacturer’s description. We assume no liability whatsoever as to the accuracy or inaccuracy of the manufacturer’s description. If a product offered by our site is not as described, your sole remedy is to return it unused and with all its contents, in accordance with our return policy.
3.2. The images of the items on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display accurately reflects the colour of the items. The items may vary slightly from those images.
3.3. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
4.1. We guarantee that all of our products are 100% authentic. As one of the world's largest designer eyewear e-retailers, OPTI.FASHION can guarantee genuine designer quality eyewear, all supported and backed up with 24 month warranty.
4.2. Our frames are purchased from the following suppliers. These are the same suppliers that every optician, website, department store and any other authorised retailer must use in order to purchase genuine products. Each of these companies produces the brands listed under license, before sending the products out to us, selfridges, independent opticians and all other eyewear retail businesses.
- Head Office: Agordo, Italy
- Supplies us with: Ray Ban, Oakley, Prada, Miu Miu…
- Head Office: Padova, Italy
- Supplies us with: Dior, Carrera, Polaroid…
- Head Office: Longarone, Italy
- Supplies us with: Tom Ford, Guess, Gant…
For more information on counterfeiting, and how to avoid buying fakes, visit http://www.iacc.org
5.1. Prices may change from time to time without prior notice.
5.2. The price of an item includes VAT or similar sales tax, where applicable, at the prevailing rate for which we are responsible as a seller.
5.3. Outside the European Union, items may not include VAT or similar sales tax. Your customs department may request you to pay these taxes when importing the item to your country.
5.4. The price of an item does not include delivery and returns charges. When applicable, you will be provided with details of our delivery charges during the order process.
5.5. The seller reserves the right to have pricing errors of any kind. The seller reserves the right to cancel an order in spite of it being registered and confirmed if said error was caused by any kind of mistake or error regarding the pricing of a product or any other given nature.
6.1. We accept several different payment methods. A complete list of the accepted payment methods can be found on the Payment and Security page, on our site.
6.2. All Items ordered remain our property until we receive full payment from you. Therefore, orders paid by Bank Transfer may take some extra business days to be confirmed, and the purchased product may no longer be in stock once the order is confirmed. Please, take this into consideration when choosing your preferred payment method.
6.3. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
6.4. We reserve the right to specify which form of payment you may use. This applies in particular to orders where we have been unable to establish the buyer’s credit rating or where other payment methods have not authorised previous payments.
6.5. We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so, the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order, you agree to this.
7. Placing an order
7.1. Our shopping page will guide you through the steps you need to take in order to place an order with us.
7.2. Our order process allows you to check and amend any errors before submitting your order. Please take the time to check the details of your order on each page of the order process and before paying, as you will not be able to make any changes to your order after this point.
7.3. After you place an order, you will receive an e-mail from us, acknowledging that we have received your order. Please, check your spam folder if you do not receive the order confirmation email after 5 minutes.
8. Modifying and cancelling an order
8.1. Any change requested after placing your order may be rejected by OPTI.FASHION at its absolute discretion.
8.2. Delivery address and contact information can be modified, as long as the order is not yet being prepared for dispatch at the time the modification is applied by our team, not at the moment in time when the modification has been communicated to OPTI.FASHION. Once an order is being prepared for dispatch, it is no longer possible to modify it without incurring in extra costs.
8.3. Items in an order cannot be modified nor cancelled after the order status has moved from “Order confirmed” to “Requested to the General Warehouse in Italy”.
8.4. The Delivery country cannot be modified after the order is placed.
8.5. Prescription values cannot be modified after the order is placed.
9. Right of withdrawal, returns and refunds
9.1. Once you have received your order, you have the right to withdraw from this contract within 30 days, as long as the item is unused and in the same condition in which you received it. It must also be in the original packaging, and it must include all the elements that came with it, such as the hard case and cleaning cloth. Orders including prescription lenses are exempt from this rule, as they qualify as a modified item and can therefore not be returned or refunded. We reserve the right to refuse accepting the return of Items that were manipulated in any way and damaged as a result, regardless of whether the manipulation was carried out by a professional optician or by any other party.
9.2. The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
9.3. To exercise the right of withdrawal, you must access your customer area and request a return, filling in all the requested information. You will receive an email from us with a return ID number and the return address. Then, your return request is complete and you can proceed to return the items following the instructions you will have received by email.
9.4. Returns of faulty items shall be borne by Opti.Fashion, all others will be borne by the customer. Please, take into account that you will be responsible for paying for the shipping costs for returning your item voluntarily. The return country is Spain, except for orders from Germany, where the return country is Germany.
9.5. We appreciate our international customers, and we will do our best to make sure you are delighted with your order, no matter where you are. However, please, note that if you return a product from outside the European Union, you should make sure that all costs and charges are prepaid. OPTI.FASHION is not responsible for any taxes, duties or other fees charged by customs departments when the product is returned.
9.6. Please note that OPTI.FASHION reserves the right to assert claims for compensation, should the returned items show traces of usage or damages. We retain the right to charge you, a minimum of 25% of the total order value, up to a 100%. In this case, you will be able to choose between receiving the partial refund, or to have the item shipped back to you at your own expense.
9.7. To meet the withdrawal deadline, it is sufficient for you to send your request through your customer area before the withdrawal period has expired. Merely expressing your wish to return the item via email or phone does not suffice, you will need to request the return on your customer account. After 30 days, the return request option will no longer appear as an option on your customer account page.
9.8. To access your customer account for the first time, access the link in your order confirmation email. If you have deleted it, contact us at email@example.com at least 5 working days before the withdrawal period expires.
9.9. Orders will only be refunded once we receive them back, and we have checked that they are eligible for a full refund. We highly recommend using a shipping company that gives you a tracking code, in order to be able to track your return. We are not responsible for returned packages that get lost or that have not been properly delivered to us and lack proof of delivery.
9.10. Once the returned item is received, we will notify you, and the refund process may take up to 14 days. Please, allow those 14 days before getting in touch regarding your refund, as we will not be able to offer you any additional information regarding the refund. We will send you an email once your order has been reimbursed. Please, note that the refund will be issued using the same payment method that was used when placing the order.
9.11. We will refund the price that you paid for the items, including any discounts or promotions applied when you purchased the items. The refund will not include any delivery charges you may have paid.
9.12. According to European Union rules and Trading Standards, personalised items are exempt from the Online Distant Selling Regulations. Therefore, the withdrawal right does not apply for prescription eyewear and other personalised products. They cannot be cancelled once the order is placed and they cannot be returned nor refunded, unless we have expressly agreed to it in writing.
9.13. In case of delivery of contact lenses and care products the consumer loses their right of withdrawal when unsealing the product.
9.14. Rejecting an order upon delivery that has already been shipped will not be counted as a withdrawal. In order to receive a refund for that order, you need to accept the delivery, and then, request a return following the previously described procedure.
9.15. Rejected deliveries will be sent back by the shipping company at our own expense. Those orders are not eligible for a full refund. A minimum fee of 30€ will not be refunded, to cover the shipping, restocking and management cost.
10. Beginning and Conclusion of contract
10.1. Once you have ordered any of our products, you are legally bound to these terms and conditions and have made an offer to buy the goods ordered.
10.2. This contract becomes officially effective as soon as you have placed your order.
10.3. If a contract has been entered into, but we are unable to deliver the ordered articles within the foreseeable future despite congruent hedging transactions, then we reserve the right to withdraw from the contract.
10.4. If we should establish that delivery of goods may be delayed for an unforeseeable amount of time, we will apprise you of this fact and refund any payments already made by you.
11. Order processing
11.1. Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an item goes out of stock, we will notify you as soon as possible and you may choose between waiting for a few more days or cancelling the order and receiving a full refund.
12. Shipping and Delivery
12.1. Depending upon availability, all goods are dispatched as soon as possible, always according to the delivery dates announced when the order was placed.
12.2. Should the requested item be in manufacturing process, we will ensure that it is delivered as soon as possible, depending on whether the manufacturer has it in stock. Each delivery is accepted under reserve that we will be supplied in due time and form.
12.3. Any delivery dates or periods agreed upon as legally binding must be made in writing.
12.4. Monday to Friday are generally considered as working days. Although in certain areas deliveries may also be carried out on Saturdays, we cannot guarantee Saturday is treated as a working day in many places. Therefore, all Opti.Fashion delivery days are considered from Monday to Friday.
12.5. We will make every effort to deliver your order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control (for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand). Please note that the delivery of your order may take longer during sale or other busy periods.
12.6. We are unable to deliver on public and bank holidays, Christmas Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.
12.7. We are entitled to carry out partial deliveries of orders including multiple items at our own cost for any ordered items that are out of stock, in as far as this is deemed reasonable for the buyer.
12.8. You may be given various options for shipping of items during the order process. The options available to you will vary depending on where you are ordering from.
12.9. Delivery charges will be applied in addition to the prices of the items you are purchasing.
12.10. The amount of the delivery charge will depend on the delivery option you have chosen.
12.11. Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information, in order to learn about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay all customs costs that we have incurred as a consequence. Additionally, a minimum fee of 30€ will not be refunded, to cover the shipping, restocking, and management costs.
12.12. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We will not be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
12.13. We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.
12.14. If an order cannot be shipped due to a lack of contact or delivery information, such as incomplete address, wrong country, wrong contact information, we will try to get in touch with you. If we cannot get a response from you, and we are not able to ship the order, we will not be able to fully refund it. A minimum fee of 15€ won’t be refunded, to cover restocking management costs.
13.1. Invoices will be issued when the order is paid and confirmed.
13.2. The invoice will be sent to you via email when the order is shipped.
13.3. You will also be able to download the invoice from your customer account page.
13.4. The invoice information cannot be altered after the order is placed. Additional information cannot be added either, after the order is placed. Please, make sure to introduce all the necessary information before you place the order.
14.1. The warranty period begins with the date of delivery and lasts for two years. In order to be able to place a warranty request within those two years, you only need to keep a proof of purchase with us. An official brand warranty is not required. Having any of the following will suffice: OPTI.FASHION order number, order confirmation email, OPTI.FASHION invoice or email address that you used to place the order.
14.2. Should the delivered merchandise be defective or its warranted qualities flawed, or should it develop defects within the warranty period as a result of faulty manufacturing, then we will either repair the items in question or provide you with a replacement. We are permitted to make multiple reparations. We reserve the right to refuse your choice of subsequent fulfillment if it entails disproportionately high costs.
14.3. All claims must be made in writing and any defects communicated to us without delay as soon as they become apparent, otherwise you may lose your right to the guarantee.
14.4. If you believe that an item you purchased from us shows signs of a defect, please notify us via email at firstname.lastname@example.org. Said email must include photos or videos where the defect is clearly visible. Our opticians will carefully analise the defect, and give you an answer on whether a manufacturing defect is present.
14.5. If the item is determined as faulty, we will assume the shipping cost to return the item to the manufacturer and to send you a new item. Please, note that this is only applicable for orders within the European Union. For items purchased from outside the European Union, you will have to send us the item, free of customs and import duties.
14.6. Once we have received the returned merchandise, we will repair it or request a replacement. As a general rule, and in accordance with EU regulations, you will only be able to ask for a partial or full refund when it is not possible to repair or replace the goods.
14.7. If the defect cannot be considered a manufacturing defect, we will let you know before the item is sent to us, in order to prevent you from spending time and money with the warranty claim.
14.8. Although we will manage any warranty process as quickly as possible, warranty claims may take several weeks to get solved, as they depend on the manufacturer’s timings.
15. Prescription Lenses
When ordering prescription lenses please pay special attention to the following information, as we only deliver prescription lenses under the following conditions:
15.1. By placing an order through our site, you represent that the information used for purchasing the lenses is correct, true, and accurately matches the prescription you received from your eye care provider.
15.2. You hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order, and is no more than one year old. You further represent and warrant that you will renew your prescription in accordance with your eye care provider's instructions.
15.3. When choosing your lenses, you will be able to personalise your prescription values, the lens quality, which treatments you want to add, which thickness reduction you want and which color tints you would like.
15.4. Note that eyeglasses and contact lens prescriptions may differ from one another, so you should make sure that you are ordering the correct parameters set forth in your prescription for the type of product you wish to purchase.
15.5. The lenses sold by OPTI.FASHION come from industry-leading brands, such as Hoya and Essilor. The brand of the lenses cannot be chosen by the customer, as this will be defined by our opticians, taking into account the prescription values and the chosen options regarding quality level, added treatments, thickness reduction and color tints.
15.6. If you order eyeglasses, we will also require your pupillary distance, or PD, to process your order. When you are fitted for eyeglasses by an eye care provider, you should be provided with a copy of your prescription specifying your PD. In the event that the PD is not included in your order you may request your optician to take a measurement. In the event that you use an average PD, which is automatically entered on our site if no values are entered manually, you agree that you forfeit all rights for any claim against us in the case that your ordered lenses are not right for you as a result.
15.7. Production times for prescription lenses vary in business days depending on the intricacy of the prescription and the type of lens required. Once your lenses have been crafted and mounted into the frame, they will be shipped to you using your chosen shipping method. We will be as accurate as possible in predicting the crafting and delivery time, but some specific lenses may need to be manufactured under demand, and can take several extra days to be ready to be shipped. The processing time of orders that contain high power prescription values may also take longer, as they are manufactured in a one by one process.
15.8. Please note that orders with prescription lenses cannot be modified nor cancelled once the order has been placed. According to European Union rules and Trading Standards, personalised items are exempt from the Online Distant Selling Regulations.
15.9. When receiving your new glasses, please, allow some days to get used to the new lenses. Your eyes may need to get used to the new lenses, especially if your prescription values have changed from your last glasses. Please, visit your optician if unadaptability persists.
15.10. There are several different ways of calculating and specifying down the same prescription values, so you should not worry if you see your prescription written in a different way anywhere in the delivered information of your new glasses. However, if you believe that the prescription lenses you have received are not correct, please get in touch with us at email@example.com and we will doublecheck it for you. If our team confirms that there was a mistake on our side, we will offer you an immediate solution.
15.11. Prescription eyewear is not eligible for returns, as it qualifies as a personalised product. We will not refund any prescription eyewear order unless we have expressly agreed to it in writing.
15.12. Only for United States customers: as prescriptions are entered manually, we are obligated by law to verify your prescription with your eye care provider. This is in order to ensure that we provide you with the correct prescription lenses and contact lenses in your order. According to the U.S. Fairness to Contact Lens Consumer Law, if the seller does not receive verification response from the eye care provider within 8 business hours, the seller is allowed to sell the contact lenses and/or prescription lenses to the customer.
16. No Professional Advice
16.1 Any information supplied through this website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or any other form of communication, is for informative purposes or general guidance and does not constitute medical or other professional advice.
16.2. Health-related information provided through this website is not a substitute for medical advice and it is important that you do not make medical decisions without first consulting your personal physician or other healthcare professional.
17. Impact Resistant Lens Requirements
17.1. All lenses for spectacles and sunglasses sold by OPTI.FASHION comply with the impact-resistant lens regulation, 21 CFR 801.410. The manufacturers that we work with have conducted drop ball tests, as described in 801.410(d)(2), or use an equal or superior test method.
18. Specific Information regarding the purchase of contact lenses
When ordering please pay special attention to the following information, as we only deliver contact lenses under the following conditions:
18.1 The contact lens specification transmitted in your order is valid and corresponds to the most recent fitting carried out by a registered optician or ophthalmic medical practitioner and is no more than one year old. Optimal use of contact lenses is assured if the wearer is familiar with the care and handling of contact lenses and regularly takes part in the necessary ophthalmological examinations, in order to prevent any damage to his or her eyes.
18.2 We explicitly request that contact lens wearers should have their eyes examined at least every six months. If the wearer has changed their brand, he or she should have the fit checked carefully by an ophthalmologist or a contact lens specialist. Regarding risks and side effects, please consult an ophthalmologist or contact lens specialist and make sure you read the information enclosed in the package.
18.3 The respective manufacturer is exclusively responsible for the compatibility of the delivered products. Merchandise is delivered in the manufacturer’s original, unopened factory packaging. We accept no liability for incorrect use or improper handling. The stated shelf-life of contact lenses is based on the average amount of time for which they would be worn. In order to prevent your eyesight from deteriorating further, we suggest that the recommended wearing period must not be exceeded. Should you develop any form of ocular irritation, please remove the contact lenses immediately and contact an ophthalmologist or eye specialist.
19. Reservation of ownership
19.1 All goods shall remain our property until all of your contractual obligations towards us have been fulfilled. Any resale, rental, pawning, pledge or assignment as security by the buyer of goods delivered under reservation of ownership is prohibited.
19.2 If you behave in any manner contrary to the terms of this contract whatsoever, particularly by delaying payment, or by breach of contract, we may, without prejudice to our other rights, demand the immediate return of our property.
20. Limitation of liability
20.1. We are exempt from being held liable for minor negligent breaches of duty, as long as they do not result in death or personal injury, or any breach of the statutory implied terms as to title of goods or claims according to the Product Liability Act. Furthermore, legal liability for breach of duties, which enables us to fulfill this agreement in the first place and in which the customer is entitled to trust, remains unaffected. The same applies to any breaches of duty by our agents.
20.2. OPTI.FASHION is not liable under any circumstances for damages of any kind that may be due to:
- The Lack of availability, maintenance and effective operation of the Website and / or its services or content;
- The Lack of usefulness, suitability or validity of the Website and / or its services or content to meet the needs, activities or specific results or expectations of users;
- The Existence of viruses, malicious or harmful programs in the contents;
- The Failure of third parties of their obligations or commitments in connection with the services provided to users through the Web Site.
21.1. All personal data will be handled confidentially and in accordance with the relevant data protection laws. Detailed information can be found on our website www.opti.fashion.
22. Intellectual Property
22.1. OPTI.FASHION is the owner of all intellectual property rights of the http://www.opti.fashion page as well as its source, design, navigation structure and different elements in their code contained therein.
22.2. This website www.opti.fashion, comprising pages and the information or elements contained therein, including texts, documents, photographs, drawings, graphics, software, and logos, trademarks, names commercial, or other distinctive signs are protected by intellectual or industrial property, of which OPTI.FASHION is the owner or lawful licensee.
22.3. User authorization for access to the Web does not imply waiver, license or total or partial transfer of rights of intellectual property by OPTI.FASHION.
22.4. Access to this website is free except the cost of the Internet connection established by each user on heir respective network.
22.5. THE BLICKERS SL is not responsible for the Internet access service provided by third parties or for their quality, safety and continuity.
23. Access and Use
23.1. Any use of information and content that may be made of this site as well as access, shall be the sole responsibility of the person accessing the site.
23.2. The conditions of access to the website are subject to the law and the principles of good faith and lawful use by the respective user and any action that is carried out with the intent of causing detriment to OPTI.FASHION is forbidden.
23.3. The use of this website for illegal purposes or purposes that have not been authorized is prohibited.
23.4. Any form of exploitation is prohibited, including any reproduction, distribution, transfer to third parties, public communication and transformation, through any medium or medium of the abovementioned works, creations and distinctive signs without prior expressed permission of their respective holders. Violation of this prohibition constitutes an offense punishable by law.
24. User Responsibilities
24.1. Users are fully responsible for the access and proper use of the Website subject to the law, whether national or international, as well as the principles of good faith, morals, good customs and public order.
24.2. Users shall not use the services and web content for illegal purposes that are detrimental to the rights and interests of others, or in any way damage, disable, affect or impair the Website, its content and services. It is also prohibited to prevent the normal use or enjoyment of the Web to other Users.
24.3. OPTI.FASHION is not responsible for any use that third parties may make of the information provided through this website. Those who violate such obligations shall be liable for any loss or damage incurred. OPTI.FASHION is not responsible for any consequence or damage that may arise from such access or misuse by third parties.
24.4. OPTI.FASHION is not responsible for the accuracy of the data provided by users of the website and is not responsible in any way for any of the lack of accuracy in data such as addresses, phone numbers, emails or posted on the web by users names.
24.5. Without limiting the foregoing, OPTI.FASHION reserves the right to refuse at any time and without prior notice, orders from those users who violate these Terms.
25. Linking Policy
25.1. Individuals or entities who wish to create a hyperlink from a web page from another internet portal to any of the web pages under OPTI.FASHION are subject to the following conditions:
- Neither the total nor partial reproduction of any of the services or contents of the Web Site without the express permission of OPTI.FASHION is allowed;
- No Deep-links, or IMG or image links, or frames with OPTI.FASHION pages without the express permission of OPTI.FASHION are allowed;
25.2. Any existing Links do not imply the existence of relations between OPTI.FASHION and the owner of the website or portal from which they are made, nor the knowledge and acceptance of OPTI.FASHION of services and content offered on this website or portal. If any User or third party observed that such links can be contrary to law, morals or public order, said user must notify us via email under firstname.lastname@example.org.
25.3. OPTI.FASHION is not responsible for the contents or services made available to the public on the website or portal from which a hyperlink is made, or the information and statements included therein.
26. Applicable Law
26.1. This contract shall be governed by Spanish law, which applies in matters not provided in this contract in the interpretation, validity and performance.