Terms of service

“Terms and conditions of supply” of LUD’O S.r.l. (the Seller”), whose registered office is in  Fermo (FM), Via Bellesi n. 66, P.IVA 02 1168 30 445, its legal representative is Sig.ra Cristina Guglielmino.

Social capital 10.000,00€

Registered with the Chamber of Commerce in Fermo n. FM-195281

1. Company policy
   • The Seller produces and trades eyewear and jewellery products under the registered “Eyepetizer” brand.
   • The Seller trades online exclusively with users over the age of 18 who are “consumers”. The term “consumer” refers to any physical person who uses the Eyepetizer.it website for reasons other than their own commercial, entrepreneurial or professional business. For any further queries please consult the Privacy Policy section on our website.
   • In consideration of its own commercial policy, the Seller reserves the right to refuse orders placed by persons who are not “consumers” or orders which do not conform to its commercial policy, such as orders which are suspected of being fraudulent or illegal. In such an event the Seller will notify the user regarding the failed order.
   • The Terms and Conditions of Supply do not however regulate the supply of services or sale of products by people who are not the Seller but are present on it via links, banners or other hypertext links. Before placing an order and purchasing products and services from people other than the Seller, we advise you to check their conditions of supply, as the Seller is not liable for the supply of services by third parties or for the conclusion of electronic trading between users of Eyepetizer.it and third parties.

1. Intellectual property

All the content on the Eyepetizer.it website, for example, images, photographs, documents, logos, catalogues, sounds, correlated web pages, graphics, layouts and software (the “content”) is the exclusive property of Eyepetizer and Lud’o S.r.l. and is protected by Italian and international law regarding copyright and other intellectual property rights.

You may not reproduce, publish, distribute or modify any of the Eyepetizer content, neither completely nor partially without prior written consent from the Company.

1. Products and delivery costs

• Prices: the prices are in € (euros). The price to be applied is the one indicated on the e-commerce site at the time the client places an order.
• VAT: all prices include VAT.
• Delivery costs: the price does not include delivery. Lud’o S.r.l. reserves the right to charge the client for delivery, this amount may vary according to the type of delivery, the number of items ordered, the volume of the order, the weight of the order and its destination.

It should be noted that the consumer is liable for any customs or duties levied on the ordered products.

1. Company warranty

 Lud’o S.r.l. is responsible to the consumer for any damage to the product present at the time of delivery and any damage manifested within two years of delivery.

Any damage must be reported within two months of the damage being discovered.

This warranty is pursuant to article 128 of the Consumer Code.

1. Method of payment

• Credit card (the product will be dispatched once your order has been accepted);
• PayPal (the product will be dispatched once your order has been accepted);
• Apple Pay (the product will be dispatched once your order has been accepted);
• Google Pay (the product will be dispatched once your order has been accepted);
• Cash on delivery (the consumer must be present to take delivery of the order, the courier is not authorised to give change so the client must have the exact amount in cash. The courier will make two attempts to deliver the product, after which, the product will return to the seller. Furthermore, the consumer will be charged an additional € 3,00 for the cash on delivery).

It should be noted that Eyepetizer.it will not retain the consumer’s personal credit card details.

1. Right of withdrawal and refund

The Consumer has two obligations: to communicate the intention to withdraw from the contract and to return the product. The deadline to exercise the right of withdrawal is 14 days from the purchase, without providing any justification or reason.

The period during which the withdrawal right can be exercised expires:

• in the case of an order relating to a single product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the product;
• in the case of an order containing multiple products delivered separately, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last product;
• in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

Exercise of the right of withdrawal
The consumer may communicate their intention to withdraw from the contract by filling out and sending the
standard form compliant with Annex I, Part B of Legislative Decree no. 21/2014, available on the Website under the
"customer support" section, or by submitting any other explicit declaration to this effect in one
of the following ways:
-online, by filling out the withdrawal form available on the Website in the "footer" section;
-via the Self-Service mode of their account, in the "orders" section, by clicking on the "return return items" button and selecting the option "I changed my mind".

The consumer must return the products using a carrier of their choice and at their own expense, without undue delay and in any case within 14 days from the date of receipt of the order, communicating their decision to withdraw to Eyepetizer.it using the appropriate return form included inside the package. 

If the product is returned worn and without its original packaging, the refund will be denied.

The refund will be processed using the same payment method used by the consumer for the initial purchase. If the customer paid cash on delivery (COD), the refund will be issued via bank transfer.

The refund must be processed within 14 days from the receipt of the withdrawal notice.

The Seller may withhold the refund until they have received the product back, or until the consumer supplies evidence of having sent back the product.

1. Governing law and dispute resolution

Notwithstanding the standards required by European law for the protection of consumers, the Terms and Conditions of Supply are regulated by Italian law and in particular by the Consumer Code and the Legislative Decree 9 April 2003, no. 70 (“Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell’informazione nel mercato interno, con particolare riferimento al commercio elettronico”).

In the case of a dispute the court of law will be the consumer’s place of residence or domicile.

Pursuant to article 141-sexies, comma 3, of the Consumer Code, it should be noted that if the consumer files a complaint following the failed resolution of a dispute, they may refer to an Alternative Dispute Resolution organisation.

A European platform has been set up for the online resolution of consumer disputes (ODR platform). Consumers may consult the ODR platform at the following address http://ec.europa.eu/consumers/odr. 

On the ODR platform consumers may consult a list of ADR organisations, find the link to the website of each one and commence an online resolution process.