Terms and Conditions of Sale

Definitions

In these Terms and Conditions of sale (hereinafter, the “Terms”), the following terms shall have the meanings set out below, whether used in the singular or plural:

“Company”, “Flyper”, “we”, “us” or “our”	means FLYPER S.r.l., with registered office at Via Umberto I, 25/A, 86100 Campobasso (CB), Italy, VAT No. 01775190703;
“Website”	means the e-commerce website operated by the Company and accessible at the domain https://www.flyper.it/, including any subdomains and related digital interfaces;
“Products”	means the sunglasses marketed and sold by the Company through the Website;
“User” or “you”	means any natural person acting for purposes outside their trade, business, craft or profession who purchases Products through the Website;
“Order”	means any purchase order submitted by the User through the Website;
“Contract”	means the legally binding distance sales agreement concluded between the User and the Company upon acceptance of an Order;
“Policies”	means any additional policy or document published on the Website and incorporated by reference into these Terms;
“Working Day”	means any day other than Saturday, Sunday or public holidays in Italy.

Scope

Please read these Terms carefully before placing an order. These Terms set out important information regarding your rights and obligations, including certain conditions and limitations applicable to the purchase of Products through the Website. Users may store, reproduce and print these Terms for their records.

These Terms govern all sales of Products carried out through the Website to Users.

By placing an Order through the Website, the Customer acknowledges having read, understood and accepted these Terms in full.

These Terms apply exclusively to distance sales concluded online and do not govern purchases made through physical retail locations, which remain subject to separate conditions where applicable.

The Company reserves the right to amend these Terms at any time. The version published on the Website at the time of the Order shall apply to the relevant Contract.

These Terms shall be governed by and interpreted in accordance with Italian law and applicable European Union consumer protection legislation.

The purchase of Products through the Website is permitted only to individuals who are at least eighteen (18) years old and have full legal capacity to enter into binding contracts.

By placing an Order, the Customer represents and warrants that they meet the above eligibility requirements.

The Company shall not be liable for any purchase made by a minor without the authorization of a parent or legal guardian. In such case, the Company reserves the right to cancel the Order and refund any amount paid.

The Company may refuse, suspend or cancel any Order where there are reasonable grounds to believe that the Customer does not meet the eligibility requirements set forth in this Section.

Products

All Products comply, where applicable, with European Union product safety regulations and are accompanied by mandatory product information and documentation, including multilingual product inserts where required by law.

Product images, descriptions, and specifications on the Website are provided for illustrative purposes only. While the Company makes reasonable efforts to ensure accuracy, minor variations in color, finish, or packaging may occur and shall not be deemed defects.

The Company reserves the right to modify, discontinue, or update any Product at any time without prior notice.

All Products are subject to availability. In the event that a Product becomes unavailable after an Order has been placed, the Customer shall be informed without undue delay and offered a refund or alternative solution.

The Products offered for sale on the Website consist exclusively of non-prescription sunglasses intended for fashion and personal use. The Products are not medical devices and are not intended for diagnostic, therapeutic, or corrective purposes. They do not replace professional optical or medical advice.

Orders

The Customer may place an Order by selecting the desired Products and completing the checkout process available on the Website.

The Company may allow purchases to be made through a registered account or as a guest. The Customer remains solely responsible for all activities carried out using their details and for ensuring that such information is accurate and secure.

Before submitting the Order, the Customer will be required to review a summary of the selected Products, the total price (inclusive of taxes and shipping costs where applicable), and these Terms.

By clicking the relevant confirmation button during checkout, the Customer submits a binding offer to purchase the selected Products.

The Contract between the Customer and the Company shall be deemed concluded upon successful completion of the payment process. The Company will send the Customer an order confirmation email summarizing the essential details of the Order and the Contract. The Company reserves the right not to accept an order even after payment has been authorized.

The Company reserves the right to refuse or cancel any Order, including after payment, in the following circumstances:

suspected fraud or unauthorized transaction;
pricing or technical errors affecting the Order;
unavailability of the Product;
breach of these Terms;
reasonable grounds to believe that the Order was placed by a minor or by a person lacking legal capacity.

In the event that an Order is cancelled after payment has been processed, the Customer shall receive a full refund using the same payment method used for the original transaction.

The Company reserves the right to request additional information from the Customer for verification purposes before accepting or processing an Order.

The Customer is liable for ensuring that all information provided during the checkout process is accurate, complete, and up to date. The Company shall not be liable for delays or delivery failures resulting from incorrect or incomplete information provided by the Customer.

Prices and Payments

All prices displayed on the Website are expressed in Euro and are inclusive of value added tax (VAT) where applicable.

Unless otherwise expressly indicated, all prices are inclusive of standard shipping costs and any applicable duties or customs charges for international shipments. The Customer shall not be required to pay additional shipping or customs fees at delivery, except in exceptional circumstances beyond the Company’s control and previously communicated to the Customer.

The Company reserves the right to modify prices at any time. Any price changes shall not affect Orders already confirmed.

While the Company makes reasonable efforts to ensure that all prices displayed on the Website are accurate, errors may occur. In the event of a pricing error affecting an Order already placed, the Company shall inform the Customer without undue delay and offer the option to:

reconfirm the Order at the correct price; or
cancel the Order and receive a full refund.

Payments may be made using the payment methods indicated at checkout.

All payments are processed through third-party payment service providers. The Company does not store or process full payment card details. The Customer acknowledges that payment transactions are subject to the terms and conditions of the relevant payment service provider.

By submitting payment details, the Customer represents and warrants that they are authorized to use the chosen payment method and that sufficient funds are available.

The Company reserves the right to suspend or cancel any Order where payment authorization fails, is revoked, or where there are reasonable grounds to suspect fraudulent or unauthorized activity.

Any refund due to the Customer shall be issued using the same payment method used for the original transaction, unless otherwise required by law.

Shipping, Delivery and Risk Transfer

The Company ships worldwide to the countries supported by its logistics partners. Delivery options and estimated delivery times are indicated on the Website or communicated at checkout and may vary depending on destination and carrier.

Estimated delivery times are indicative only and shall not be considered binding. The Company shall not be liable for delays attributable to carriers, customs authorities, or events beyond its reasonable control.

All shipping costs and, where applicable, customs duties and import charges for international deliveries are included in the purchase price unless otherwise specified on the Website.

The Company shall bear the risk of loss or damage to the Products until the Customer, or a third party designated by the Customer, takes physical possession of the Products.

Upon delivery, the Customer is required to inspect the package and the Products without undue delay. In the event of visible damage to the packaging or the Products, the Customer shall:

inform the carrier at the time of delivery where possible; and
notify the Company promptly through the contact details indicated on the Website.

Where a Product is lost or damaged in transit prior to delivery, the Company shall, at its discretion, replace the Product or issue a refund, provided that the Customer cooperates reasonably in any investigation or claim with the carrier.

Delivery shall be deemed completed when the Products are made available at the shipping address provided by the Customer.

The Company may offer delivery to designated collection points or partner retail locations where available. Availability of such options may vary and shall be indicated on the Website or at checkout.

The Company shall not be liable for delivery failures due to incorrect or incomplete shipping information provided by the Customer. Any additional shipping costs incurred due to such errors may be charged to the Customer.

The Customer acknowledges that international shipments may be subject to customs inspections or delays outside the Company’s control.

Right of Withdrawal

In accordance with Directive 2011/83/EU on consumer rights and the Italian Consumer Code (Legislative Decree No. 206/2005, as amended), the Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Products.

To exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw from the Contract by means of an unequivocal statement sent to the contact details indicated on the Website or by following the procedure described in the Returns and Refunds Policy.

The Customer may use any withdrawal form or communication method, provided that the decision to withdraw is clearly communicated before the expiration of the withdrawal period.

Upon valid exercise of the right of withdrawal, the Company shall reimburse all payments received from the Customer, including standard delivery costs, without undue delay and in any event within fourteen (14) days from the date on which the Company is informed of the Customer’s decision to withdraw.

The Company may withhold reimbursement until it has received the returned Products or until the Customer has supplied evidence of having sent back the Products, whichever occurs first.

The Customer shall return the Products without undue delay and in any event no later than fourteen (14) days from the date on which the withdrawal was communicated.

The Company shall bear the cost of returning the Products in the event of a valid withdrawal exercised in accordance with this Section and the applicable Returns and Refunds Policy.

The Customer shall be liable only for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products, in accordance with Article 57 of Directive 2011/83/EU and the Italian Consumer Code.

Further details on the return procedure, including packaging requirements and return logistics, are set out in the Returns and Refunds Policy.

Legal Guarantee

All Products sold through the Website are covered by the legal guarantee of conformity provided under Directive (EU) 2019/771 and the Italian Consumer Code (Legislative Decree No. 206/2005, Articles 128–135-septies).

The Company shall be liable for any lack of conformity of the Products that exists at the time of delivery and becomes apparent within two (2) years from delivery.

A lack of conformity shall be deemed to exist where the Products:

do not correspond to the description provided on the Website;
are not suitable for their ordinary use;
do not possess the quality and performance which are normal in goods of the same type and which the Customer can reasonably expect.

In the event of a lack of conformity, the Customer shall be entitled, free of charge, to have the Products brought into conformity by repair or replacement, or to receive an appropriate price reduction or termination of the Contract, in accordance with applicable law.

The Customer must notify the Company of any lack of conformity within a reasonable time after discovery, using the contact details indicated on the Website or by following the procedure set out in the Returns and Refunds Policy.

The legal guarantee does not cover:

damage caused by normal wear and tear;
scratches or damage resulting from improper use, negligence, accidents, or external causes;
damage caused by handling not consistent with normal use of sunglasses;
unauthorized repairs or modifications.

Where a Product is confirmed to be defective or non-conforming, the Company shall bear all reasonable costs of return, repair, replacement, or refund, as required by applicable law.

The remedies provided under this Section are without prejudice to any other rights available to the Customer under mandatory consumer protection laws.

Limitation of Liability

Nothing in these Terms shall exclude or limit the Company’s liability where such limitation is not permitted under applicable mandatory law, including liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.

Subject to Section 9.1, to the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special or punitive damages arising out of or in connection with:

the use of the Website;
the purchase or use of the Products;
delays in delivery attributable to carriers or events beyond the Company’s reasonable control;
loss of business, loss of profits, loss of data, or loss of opportunity.

The Company shall not be liable for damages resulting from improper use, negligence, accidents, or use of the Products for purposes other than their ordinary intended use as fashion sunglasses.

The Company shall not be liable for any inaccuracies or typographical errors on the Website relating to product descriptions, images, pricing or availability, provided that such errors are corrected without undue delay once identified.

The Company shall not be responsible for service interruptions, delays, or malfunctions of the Website caused by:

maintenance operations;
technical failures of third-party service providers;
internet disruptions;
force majeure events.

The Company shall not be liable for failure or delay in performance of its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, transport disruptions, customs delays, epidemics, cyber incidents, governmental actions or other force majeure events.

Where liability of the Company is established, and to the extent permitted by applicable law, the Company’s total aggregate liability in connection with any Order shall not exceed the amount paid by the Customer for the relevant Products.

Nothing in this Section shall affect the Customer’s statutory rights under applicable consumer protection laws.

Intellectual Property

All content available on the Website, including but not limited to trademarks, logos, product designs, images, graphics, videos, texts, layouts, and software, is the exclusive property of the Company or of its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and design laws.

The trademarks, trade names, logos and product names displayed on the Website are the property of the Company or used under license. Any unauthorized use is strictly prohibited.

The Customer is granted a limited, non-exclusive, non-transferable and revocable license to access and use the Website solely for the purpose of browsing and purchasing Products for personal, non-commercial use.

Except as expressly permitted under these Terms, the Customer shall not:

reproduce, distribute, modify, display, perform or publish any content from the Website;
use any content for commercial purposes;
remove or alter any copyright, trademark or proprietary notice;
reverse engineer or attempt to extract source code from any part of the Website.

Any unauthorized use of the Website or its content may result in legal action and termination of access to the Website.

Nothing in these Terms shall be construed as granting any license or right to use any intellectual property of the Company except as expressly set out herein.

Privacy and Data Protection

The Company processes personal data in accordance with applicable data protection laws, including Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”) and the applicable national legislation.

Information on how personal data are collected, used, stored and protected is set out in the Privacy Policy.

The Customer acknowledges that certain personal data are necessary for the processing and fulfillment of Orders, including delivery, payment processing and customer support.

Where required by applicable law, marketing communications and profiling activities shall be carried out only with the Customer’s prior consent, which may be withdrawn at any time in accordance with the Privacy Policy.

The Company may use third-party service providers for payment processing, logistics, IT infrastructure and analytics. Such providers shall process personal data only to the extent necessary for the performance of their services and in compliance with applicable data protection laws.

Further information regarding the use of cookies and similar tracking technologies is available in the Cookie Policy.

Governing Law and Jurisdiction

These Terms and any Contract concluded through the Website shall be governed by and construed in accordance with the laws of Italy.

If the Customer qualifies as a consumer under applicable law, the Customer shall benefit from any mandatory provisions of the law of the country in which they have their habitual residence. Nothing in these Terms shall affect such mandatory rights.

Any dispute arising out of or in connection with these Terms or any Contract between the Company and the Customer shall be subject to the jurisdiction of the courts of the Customer’s place of residence or domicile, where required by applicable consumer protection law.

Without prejudice to the foregoing, for all matters not subject to mandatory consumer jurisdiction rules, the Court of Campobasso (Italy) shall have exclusive jurisdiction.

The European Commission provides an online dispute resolution platform (ODR) for consumer disputes, accessible at the following link: https://ec.europa.eu/consumers/odr. Customers residing in the European Union may use the ODR platform for the resolution of disputes arising from online purchases.

Amendments

The Company reserves the right to amend or update these Terms at any time for legal, regulatory, operational or commercial reasons.

Any updated version of the Terms shall be published on the Website and shall become effective as of the date of publication.

The Terms applicable to each Order shall be those in force at the time the Order is placed.

Where required by applicable law, Customers may be notified of material changes to these Terms.

Miscellaneous

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a competent court, such provision shall be deemed severed and the remaining provisions shall remain in full force and effect.

These Terms, together with the Policies referenced herein, constitute the entire agreement between the Company and the Customer in relation to the sale of Products through the Website and supersede any prior agreements, understandings or representations.

Any failure by the Company to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it at a later time.

These Terms are drafted in the English language. Any translation, if provided, is for convenience only. In case of discrepancies, the English version shall prevail, to the extent permitted by applicable mandatory consumer protection laws.

Notice

For any information, request, complaint or communication relating to Orders or these Terms, Customers may contact the Company using the following details:

FLYPER S.r.l.
Via Umberto I, 25/A
86100 Campobasso (CB), Italy
VAT No. 01775190703
Phone: +39 06 9293 6111
Email: customercare@flyper.it