These general terms and conditions may be printed or saved by the customer.

These General Terms and Conditions of Sale (hereinafter the “GTC” or “Terms”) apply exclusively to sales of products purchased through the website https://www.otticafabbri.com (hereinafter the “Site”).

1. Site data and information

The website https://www.otticafabbri.com (hereinafter also simply the “Site”) is owned by FABBRI 1971 SRL, with registered office in Calenzano (FI), via Sandro Pertini, 44-46-48, VAT No. 07429010486; email info@otticafabbri.com; PEC fabbri1971srl@pec.it. The Site is dedicated to the promotion and online sale of optical, optometric and contactology products marketed by FABBRI 1971 SRL. These general terms and conditions of sale are addressed exclusively to the Consumer Customer, as defined below.

2. Definitions

To allow for the understanding and acceptance of these general terms and conditions of sale, the following expressions shall have the meanings indicated below: 2.1 The term “Products” means the goods marketed and/or purchased on the Site that are offered and sold by FABBRI 1971 SRL as better identified in Art. 1. 2.2 The term “online sales contract or electronic commerce contract” means the contract of sale relating to goods marketed by FABBRI 1971 SRL (“Supplier” or “Seller”) concluded between the latter and the Customer as defined below, within a distance selling system (thus without the simultaneous presence of the parties involved) organized by FABBRI 1971 SRL, which, for this contract, uses exclusively one or more telematic communication techniques. 2.3 The terms “Customer or Buyer or Consumer” mean the natural person who makes the purchase for purposes unrelated to any commercial or professional activity that may be carried out. 2.4 The term “Seller” means the party indicated in Art. 1 who transfers the goods covered by the contract.

3. Subject of the contract

3.1 Under this electronic commerce contract, FABBRI 1971 SRL sells and the Buyer purchases, at a distance, by telematic means, the movable goods listed and offered on the website https://www.otticafabbri.com. 3.2 The aforementioned goods referred to in the preceding point are available on the web page https://www.otticafabbri.com, which contains the catalog of the goods offered on the aforementioned website. The products are depicted and made visible on the site in a manner that is accurate and consistent with their actual characteristics. However, the image accompanying a product may not perfectly represent its characteristics and may differ in color, size and accessory products. Such images must therefore be understood as purely indicative and within customary tolerances. FABBRI 1971 SRL is not able to guarantee exact correspondence to reality with regard to images and colors as they appear on the customer’s device. In the event of any difference between the image and the written product sheet, the description on the product sheet shall always prevail.

4. Scope of application of the General Terms and Conditions of Sale

4.1 These General Terms and Conditions of Sale (“GTC”) govern the offer and sale to consumer customers of products through the Site by FABBRI 1971 SRL, as well as the terms and conditions for the provision of the Site registration service. 4.2 The GTC are made available to the Customer through the section of the Site called “General Terms and Conditions of Sale to the Consumer,” accessible via the link of the same name in the Site footer. The Customer is allowed to store and reproduce them. 4.3 The applicable GTC are those in force on the date of transmission of the purchase order. Before submitting the order, and thus concluding the purchase contract, the Customer is required to carefully read all the information that FABBRI 1971 SRL provides through the Site, both before and during the purchase process. 4.4 These GTC may be amended at any time by FABBRI 1971 SRL. Any changes and/or new conditions will be effective from the time of their publication on the Site. Customers are therefore invited to regularly access the Site and, before making any purchase, to consult the most up-to-date version of the General Terms and Conditions of Sale. 4.5 Use of the Site implies acceptance of the Terms by the user. These General Terms and Conditions of Sale must be carefully examined by the Buyer before completing the purchase process. The submission of the purchase order therefore implies full knowledge of and full acceptance of them. Submitting the order by the Customer constitutes acceptance of the terms of sale published on the site at that time; the Customer therefore agrees and undertakes to observe, in relations with the Seller, the general terms and conditions and payment terms set out below, declaring that they have read and accepted all the information provided pursuant to the aforementioned rules, also acknowledging that the Seller is not bound by any conditions other than those previously agreed in writing. FABBRI 1971 SRL reserves the right, at its sole discretion and at any time, including after Customer registration, to change the Site’s graphical interface, contents, their organization, as well as any other aspect related to the Site’s functionality and management, providing the user, where necessary, with the related instructions. 4.6 These General Terms and Conditions of Sale do not govern the sale of products by parties other than FABBRI 1971 SRL that may be present on the Site via links, banners or other hypertext connections. Before conducting commercial transactions with such parties, it is necessary to check their terms of sale. FABBRI 1971 SRL is not responsible for the provision of services and/or the sale of products by such parties. On websites accessible via such links, FABBRI 1971 SRL can in no case be held responsible for the contents of such sites, for any errors and/or omissions and/or violations of law by them, for the provision of services promised by third parties, or for the execution of e-commerce transactions between FABBRI 1971 SRL customers and third parties.

5. Procedure for concluding the contract

5.1 The contract between FABBRI 1971 SRL and the Customer is concluded exclusively via the Internet. Once the Buyer has accessed the address https://www.otticafabbri.com, they must follow the procedures indicated within the site itself in order to formalize their acceptance for the purchase of the goods referred to in Article 3 above. 5.2 The user selects products from the catalog view page using the “Add to cart” function, or from the detail page of each product. To purchase the products, it is necessary to indicate the quantity to be purchased on the selection page or in the cart and proceed by clicking/tapping the dedicated button. PURCHASE WITHOUT REGISTRATION. Users can choose to continue the purchase process without registering, i.e., without creating their own account. In this case, the data necessary to complete the contract will be requested in the “Shipping and Billing” section. PURCHASE WITH LOGIN (for already registered users) It is possible to authenticate by clicking the “User” button, always visible in the lower part of the site, or directly from the login page during the checkout phase. PURCHASE WITH REGISTRATION (for new users) Registration can be done by clicking the “User” button on the bar at the bottom of the site, or directly from the authentication page during checkout. 5.3 After logging in or registering and before proceeding with payment and submitting the order form, the Customer will be able to identify and correct any data entry errors by following the instructions on the Site and will be asked, by means of a specific checkbox, to expressly acknowledge that they have read, understood and accepted the terms of these general conditions of sale, with the option to print or save a copy. 5.4 The customer makes payment and, if successful, the order form is recorded and the system sends a notification email containing the essential elements of the order: i) the date and time the order was received; ii) the order ID number to be used in all subsequent correspondence; iii) information relating to the essential characteristics of the product purchased; iv) a detailed indication of the price, delivery charges, where applicable, and any additional costs. If the confirmation email is not received, please ensure that the mailbox is not over the limits allowed by the service provider or that anti-spam filters have not been set that may have blocked the purchase confirmation message, which is in any case not binding for the validity of the purchase. 5.5 Receipt of the order does not bind the Seller until the latter has expressly accepted the order by email. It is specified that, upon receipt of the order by the Buyer, the automatic summary email of the order received that the system will send should not be understood as formal acceptance thereof. The Seller, with a subsequent email, after verifying the availability of the selected product, will formally confirm and accept the order received. 5.6 Pursuant to Article 12 of Legislative Decree No. 70 of 2003, FABBRI 1971 SRL informs the Customer that every order sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Customer may request a copy from FABBRI 1971 SRL at any time. The registered Customer can access their order by consulting the “Orders” section within their Account. The personal data provided are used to answer questions, process orders or allow access to specific information. The customer has the right to modify and delete all personal information found on the “My Account” page. 5.7 FABBRI 1971 SRL reserves the right to refuse or cancel orders, at its sole discretion, in cases where: a) the data provided by the user when filling in the order form are incomplete or incorrect; b) the customer does not meet the requirements to proceed with the payment conditions; c) the goods ordered are not available. In this case, if only part of the Products ordered are unavailable, and there are no other grounds that could justify non-acceptance of the order proposal, FABBRI 1971 SRL will proceed with the order proposal limited to the available products. In cases of non-acceptance of the order proposal, the Customer will be informed by email, specifying the reasons and stating that the contract has not been concluded. FABBRI 1971 SRL will refund any amounts already paid. 5.8 Ownership of the Products, together with the related risks of perishability/deterioration/loss of the goods, will be transferred to the Customer at the time of shipment, understood as the moment the Product is delivered to the carrier (“Shipment”). 5.9 The language available to Customers for concluding the contract is Italian. Even if these General Terms and Conditions of Sale are translated into various foreign languages, for the purposes of validity, interpretation and performance, the version drafted in Italian shall in any case prevail.

6. Terms of payment and refunds

6.1 Payment for the purchased goods may be made solely by the payment methods indicated on the website https://www.otticafabbri.com of FABBRI 1971 SRL. In particular, it is possible to pay for the products through the following payment methods: Credit card, PayPal, Bank transfer, installment payment with subsidized-rate financing. 6.2 Any refund to the Buyer will be credited by one of the methods offered by FABBRI 1971 SRL and chosen by the Buyer, promptly and, in the event of withdrawal as governed by this contract, no later than 14 days from the day on which FABBRI 1971 SRL became aware of the withdrawal. In the case of payment by financing, the refund will be made by bank transfer to the current account indicated by the Customer. 6.3 All communications relating to payments take place on a dedicated FABBRI 1971 SRL line protected by an encryption system. FABBRI 1971 SRL ensures the storage of this information with an additional level of encryption security and in compliance with the current regulations on the processing of personal data. 6.4 In accordance with Article 59, paragraph 1, letter c) of Legislative Decree No. 206/2005 – Consumer Code, the right of withdrawal is excluded for goods made to measure or clearly personalized, such as those in the section https://otticafabbri.com/shop/modelli-custom/.

7. Prices

7.1 All sale prices of the products displayed and indicated on the website https://otticafabbri.com/shop/, the shipping costs and the payment methods are shown in Euro, and must always be considered indicative and subject to express confirmation by email from the Seller. 7.2 The sale prices displayed on the site are inclusive of VAT and any other tax and refer solely to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email. 7.3 Shipping costs and any ancillary charges (e.g., customs duties) are not included in the purchase price, but are indicated and calculated at the time of concluding the purchase process before the Buyer submits the order and are also shown on the web page summarizing the order placed. The product prices and shipping costs calculated and shown during the purchase process are therefore to be understood as net of customs duties and other taxes and levies provided for deliveries to countries outside the European Union. Customs charges applied in the non-EU destination country are borne by the recipient, and the express courier in charge of delivery will request payment before or at the time of delivery. 7.4 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog in force from time to time. By sending the order to FABBRI 1971 SRL, the Customer agrees to receive the invoice/receipt in electronic format. After the invoice has been issued, no changes can be made to the data indicated therein.

8. Product availability and colors

8.1 Product availability refers to the time when the Customer views the product sheets; this must in any case be considered purely indicative because, due to the simultaneous presence of several Customers on the site, products could be sold to others before the order is confirmed. 8.2 Even after sending the order confirmation email from FABBRI 1971 SRL, cases of partial or total unavailability of the goods may occur. In this event, the Customer will be promptly informed in writing or by email and may decide whether to accept delivery of the available products only, obtaining a refund for those unavailable, or to request cancellation of the order, with a consequent refund of any amounts already paid, by notifying FABBRI 1971 SRL by email. 8.3 Variations in color and artisanal features: personalized Products may display slight variations in color, texture or small imperfections resulting from the artisanal production process or the nature of the materials used. Such features are to be considered an integral and distinctive part of the Product and do not constitute defects of conformity within the meaning of the Consumer Code. 8.4 Promotional use of personalizations: by providing optional data for the personalization of Products (such as names, initials, symbols or phrases), the Customer authorizes FABBRI 1971 SRL to use images of the Products thus created for communication and marketing purposes (website, social media, promotional material), unless they expressly object within 24 hours of the order. In no case will the Customer’s sensitive personal data be published.

9. Delivery times and methods

9.1 FABBRI 1971 SRL will deliver the products selected and ordered via express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary email. 9.2 Orders will be processed as soon as they are received. FABBRI 1971 SRL undertakes to ship the products as soon as possible and in any case within 1–2 business days from the date of conclusion of the contract for products already in stock in the section https://otticafabbri.com/shop/modelli-classic/ and within 30 business days for personalized products in the section https://otticafabbri.com/shop/modelli-custom/. The delivery times indicated when submitting the order form are purely indicative.

10. Defective products

10.1 If the Customer believes that the purchased products are defective, they may return them by initiating the return procedure within 14 days from the date of receipt of the goods in question and shipping them to the Seller, who will examine the returned product (complete with labels, seals, cases and other parts of the packaging) and notify whether or not the returned product is accepted. In the event of acceptance of defective products, the Seller will refund the amounts paid to the customer through the original payment method used at the time of order and checkout.

11. Limitations of liability and Force majeure

11.1 FABBRI 1971 SRL assumes no liability, except in cases of willful misconduct or gross negligence, for malfunctions and disruptions of the Internet network beyond its control if it is unable to perform the order within the time limits provided by the contract. 11.2 FABBRI 1971 SRL shall also not be liable for damages, losses and costs suffered by the Customer as a result of non-performance of the contract for reasons not attributable to it, unless they are due to an act or omission of FABBRI 1971 SRL, the Customer being entitled only to a full refund of the price paid. 11.3 Likewise, FABBRI 1971 SRL shall not be held liable for failure or delayed performance of its obligations due to circumstances beyond its control resulting from force majeure or, in any event, unforeseeable and unpredictable events or events independent of its will. The performance of FABBRI 1971 SRL’s obligations shall be deemed suspended for the period during which events of force majeure occur. FABBRI 1971 SRL will do everything in its power to identify solutions that allow the proper performance of its obligations in the presence of force majeure. 11.4 The Customer warrants that the drawings, texts, symbols, images or other materials provided for the personalization of the Products do not infringe third-party rights (including, by way of example, copyrights, trademarks, patents, moral rights or other intellectual property rights). The Customer assumes all responsibility for the content provided and shall hold FABBRI 1971 SRL harmless from any claim or action by third parties related to the use of such content. FABBRI 1971 SRL reserves the right to refuse personalization orders that contain content that is offensive, discriminatory, obscene or contrary to legal provisions or public decency. 11.5 FABBRI 1971 SRL shall not be held liable for delays or non-performance resulting from force majeure or, in any event, from events that are not foreseeable or attributable to its will, such as—by way of example—strikes, natural events, calamities, wars, pandemics, interruptions of supplies, technical malfunctions, governmental or legislative actions. In such circumstances, performance of obligations shall be deemed suspended for the duration of the force majeure event. In addition, FABBRI 1971 SRL shall not be liable for any indirect or consequential damages suffered by the Customer, such as loss of data, loss of profit or interruption of business activities.

12. Copyright protection and Site content

All content on the Site (texts, descriptions, photographs, images, logos, graphics and design) is the exclusive property of FABBRI 1971 SRL or of the respective owners and is protected by the regulations in force regarding copyright and intellectual property. The reproduction, modification, transmission, publication or distribution, even partial, of the Site’s content without prior written authorization from FABBRI 1971 SRL is prohibited.

13. Consumer Customer warranties and assistance procedures. Seller’s liability

13.1 FABBRI 1971 SRL markets products of a high quality level. In any case, it is recalled that, for the protection of the Consumer Customer, the legal guarantee of conformity for goods is provided by law. WHO IT APPLIES TO: The Guarantee is reserved for Consumers. It therefore applies only to Customers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity that may be carried out. WHEN IT APPLIES: The Seller is liable, in any case, for any lack of conformity that appears within 26 months from delivery of the goods to the consumer Customer. Unless proven otherwise, it is presumed that any lack of conformity that appears within one year from delivery of the products already existed at that date, unless such a presumption is incompatible with the nature of the product or the nature of the lack of conformity. It is therefore advisable for the Customer, for the purposes of such proof, to keep the purchase invoice, which FABBRI 1971 SRL sends by email in PDF format, as well as any other document that may attest to the date of purchase (for example, the credit card statement or bank statement). WHAT A LACK OF CONFORMITY IS: For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist. Pursuant to Article 129 of the Consumer Code, the goods must meet the following requirements: a) suitability for the purposes for which goods of the same type are used, taking into account the provisions of national and European legislation, technical standards or, failing that, the industry codes of conduct applicable to the specific sector; b) quality and correspondence to the description of the sample or model that the seller made available to the consumer prior to the conclusion of the contract; c) completeness, i.e., it must be delivered together with accessories, including packaging, installation instructions or other instructions; d) having the quantity and possessing the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the consumer can reasonably expect, based on public statements made by the seller or by others, including the producer, in particular in advertising or on the label. 13.2 REMEDIES AVAILABLE TO THE CUSTOMER: In the event of a lack of conformity duly reported within the terms, the Customer is entitled: – primarily, to free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the alternative. The choice is free and alternative provided that the preferred remedy is not impossible or excessively burdensome for the seller, taking into account the value of the goo