GENERAL TERMS AND CONDITIONS

 1. Definitions

• These general terms and conditions of sale comprehensively regulate all sales transactions that may be offered from the website www.kasandraeyewear.com, which is owned by Kasandra Eyewear SLU (Hereinafter kasandra eyewear slu), with Tax Identification Number B66832809, registered office at C/Piscina nº 1, CP 08757 Corbera del Llobregat Spain and registered in the Barcelona Mercantile Registry in volume 45592, folio 118, sheet B-492968.
• These terms and conditions may be modified by Kasandra Eyewear at any time, with the user being informed of the existence of any new version of these that contains substantial changes.
• This document (as well as all other documents mentioned here) regulates the conditions under which the use of the website www.kasandraeyewear.com and the purchase or acquisition of services on it are governed.
• In addition to reading these Conditions, before accessing, browsing, and/or using this website, the user must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy.
• By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and all the aforementioned, so if they do not agree with all of this, they should not use this Website.
• Furthermore, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those in effect at the time of requesting the acquisition of services will apply.
• For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above.

 2. Sales channels

Kasandra Eyewear markets its products and services through the following public sales channels:

• Website www.kasandraeyewear.com

 3. The user

• Accessing, browsing, and using the Website grants the status of user, therefore, all the Conditions established here are accepted from the moment navigation on the Website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that are mandatory as applicable.
• The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

1. Use this Website solely to make inquiries and legally valid purchases or acquisitions.
2. Do not make any false or fraudulent purchases.
3. Provide truthful and lawful contact information, for example, email address, postal address, or other data.
4. The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.
5. The Website is primarily directed at Users residing in Spain. Optica Corbera does not ensure that the Website complies with the legislation of other countries, either in whole or in part.

 4. Applicability of the general conditions

 These Conditions will apply to:

 1. Clients who purchase products or services holding the status of entrepreneur or professional.

2. Consumers who purchase products or services for personal use.

• In order for users to hold the status of Client, they must meet the following requirements:

1. Be a professional and/or entrepreneur.

2. Act with a purpose related to their commercial, business, trade, or professional activity.

• Final Consumers will be considered all those who do not meet the requirements to be considered Clients.

5. Object

• These conditions aim to regulate the contractual terms for the purchase of products, the consideration due from the user to kasandraeyewear.com, as well as the use of the service by them.

 6. Conditions of access and purchase

• Access to the Portal of www.kasandraeyewear.com is free and grants the person accessing it the status of User, regardless of the subsequent use of the services offered.
• The User must register in order to purchase in our store by completing a form, which will involve assigning personal credentials composed of a unique identifier (which will be the email address) and a password, the preservation and custody of which will depend exclusively on the User, who must operate with them with due diligence. Therefore, they will not use any keys other than their own, in order to impersonate other Users in the use of www.kasandraeyewear.com
• The purchase of the products on www.kasandraeyewear.com may only be made by users over eighteen (18) years old, who must follow the steps and instructions that will accompany the entire purchasing process, which consist, merely by way of example:

Completion of the registration form or the identification form for previously registered users;

ii) Display on screen of the order summary, delivery conditions, and costs – if applicable – of shipping;

iii) Acceptance of purchase conditions, which implies the reading, understanding, and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Particular Conditions.

 7. Orders through the website

• No valid order can be placed without expressly accepting, through the boxes provided for this purpose, the terms and conditions and the privacy policy of Kasandra Eyewear.
• All orders will be considered purchase offers subject to these terms and conditions. Kasandra Eyewear reserves the right to accept them if the requirements set forth herein are not met.
• Once an order is placed, the system automatically generates a receipt of its receipt. However, this confirmation does not imply automatic acceptance of the order, as Kasandra Eyewear reserves the right to collect additional information related to identity and address to ensure both a correct shipment of the order and to prevent fraud related to transactions.
• Orders can be placed 365 days a year, at any time, except during times when the service is suspended for maintenance or other commercial and/or force majeure circumstances.
• Any order is subject to product availability. If it is not possible to deliver an order due to supply issues or insufficient stock, the user will have the option to wait until the product is available or cancel the order.

 8. Delivery

• Delivery service is provided by an external transport company that will make deliveries on behalf of Kasandra Eyewear and will track orders with the relevant controlled security measures. The delivery service includes:

    - Home delivery.

    - In-store pickup.

• Delivery will be considered to have occurred at the moment when the user or a third party designated by them takes physical possession of the products.
• The delivery time for the order will vary depending on the selected shipping method and will be indicated on the website once the order confirmation is obtained; in any case, it will not exceed 30 days from the date of order confirmation. If the delivery date cannot be met, we will inform the user of this circumstance and offer the option to proceed with the purchase by setting a new delivery date or the possibility of canceling the order and obtaining a full refund of the price paid.
• If the recipient is absent at the time of delivery, a notice will be left so that they can collect the shipment at the place and within the time indicated. After the deadline without collection, the shipment will be returned to Kasandra Eyewear.
• Orders always travel at the user's/customer's expense and risk. Any additional costs not provided for in our rates (marine packaging, special unloading methods, shipments under baggage regime, air, etc.) will always be at the user's/customer's expense and risk.

 9. Price

• It is understood that the price of each product is the one marked on the product available in the establishment appears on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, together with the shipping costs, which will be added to the final price to be paid. 

 10. Payment

• The customer can pay for the order within 3 months from the date of the invoice issued by Kasandra Eyewear, unless the parties have made other agreements regarding this or a different payment term is indicated on the invoice.
• The payment conditions are considered strict. This means that if the customer has not paid the agreed amount by the last day of the deadline, they will be considered in default and in default by law, without Kasandra Eyewear having to send the customer a reminder or notice of non-compliance.
• Óptica Corbera reserves the right to make a delivery subject to immediate payment or to require a guarantee for the total amount of the services or products.
• In addition, a delay in payment of more than one month or the temporary suspension of services on two occasions due to late payment will entitle Kasandra Eyewear to the definitive interruption of services and the corresponding termination of the contract, prior notification 15 days in advance, being able to request, if applicable, compensation for early cancellation of these General Conditions and reimbursement for any damages that may arise as a result of non-compliance.

 11. Payment methods

• The accepted payment methods are:

3. Payment by credit or debit card. We reserve the right to NOT accept certain payments with specific credit cards.

4. Cash on delivery. 

          5. Bank transfer. 

• Kasandra Eyewear SL reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user/customer of www.kasandraeyewear.com being able to make claims for this reason. However, if the change in the payment method affects an already placed order, www.kasandraeyewear.com will contact the user/customer to inform them of this change, offering them the option to cancel the order if they deem it appropriate.
• Payment by credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the communicated data is correct. In order to provide maximum security to the payment system, Kasandra Eyewear uses secure payment systems from leading financial institutions in e-commerce. In this regard, confidential data is transmitted directly and encrypted (SSL) to the corresponding financial institution. The SSL encryption system used provides total security for data transmission over the network. User/client data enjoys total confidentiality and protection. Credit card data is not stored in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the financial institution's commercial name, through its Secure Payment Gateway. Credit cards will be subject to checks and authorizations by the issuing institution, but if that institution does not authorize the payment, Kasandra Eyewear is not responsible for any delays or lack of delivery and will not be able to formalize any Contract with the user/client. Kasandra Eyewear reserves the right to verify the personal data provided by the user/client and take the measures it deems appropriate (including the cancellation of the order) to ensure that the purchased goods are delivered in accordance with the data listed in the order.
• Cash on delivery: the user/client will make the payment once the product is delivered to the requested shipping address; this method will have an additional cost of approximately 3% of the total value of the cart. The user/client who makes a purchase through this method, unless canceled through customer service prior to the email sent by Kasandra Eyewear informing that the order has already been shipped, will be obliged to make the payment, considering the rejection of the package as fraud.

 12. Warranty

 Kasandra Eyewear offers a 2-year warranty on products sold from the date of purchase that includes:

• In case the product has any factory defect or damage that makes the product unusable, the Client or Consumer may claim it from Kasandra Eyewear, having the option to request a replacement for an item of the same class and model.

 13. Right of withdrawal

• The Client who is considered a businessman for the purposes of the General Law for the Defense of Consumers and Users may not exercise their right of withdrawal.
• The final Consumer has the right to withdraw from the contract concluded through www.kasandraeyewear.com within 14 calendar days without the need for justification.
• The withdrawal period will expire 14 calendar days from the day on which the Consumer or a third party indicated by them, other than the carrier, has acquired physical possession of the goods.
• To exercise the right of withdrawal, the Consumer must notify Kasandra Eyewear of their decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail, fax, or email).
• To meet the withdrawal period, it is sufficient that the communication regarding the exercise by the User of this right is sent before the corresponding deadline expires.
• In the event of withdrawal, Kasandra Eyewear will refund all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Kasandra Eyewear of their decision to withdraw from the contract. Kasandra Eyewear will proceed to make such a refund using the same payment method used by the Consumer for the initial transaction, unless the Consumer has expressly provided otherwise; in any case, the User will not incur any costs as a result of the refund. Kasandra Eyewear may withhold the refund until it has received the goods, or until the User has provided proof of their return, whichever condition is met first.
• The Consumer shall only be liable for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
• It is specified in this document that any Products not sealed after delivery or that may be subject to return for health reasons or health protection purposes shall not be subject to withdrawal (including, but not limited to, any beauty care Products if their cap or seal is removed).

 The right of withdrawal shall not apply to contracts relating to:

• The supply of goods whose price depends on fluctuations in the financial market that Kasandra Eyewear cannot control.
• The supply of goods made according to the specifications of the consumer and user or clearly personalized.
• The supply of goods that may deteriorate or expire quickly.
• The supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery.
• The supply of goods that after delivery and considering their nature have been mixed inextricably with other goods.
• The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and that cannot be delivered before 30 days, and whose actual value depends on market fluctuations that Kasandra Eyewear cannot control.
• Contracts in which the consumer and user have specifically requested Kasandra Eyewear to visit them to carry out urgent repair or maintenance operations.
• The supply of sealed sound or video recordings or sealed software programs that have been unsealed by the consumer and user after delivery.
• The supply of daily press, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
• The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with their knowledge that as a result they lose their right of withdrawal.

 14. Confidentiality

• The client keeps secret any information (in any form) that they receive from Kasandra Eyewear.
• The same applies to any other information from Kasandra Eyewear  that the client knows or may reasonably suspect is secret or confidential, or that may be expected to cause harm to its dissemination.
• The client will take all necessary measures to ensure that they also keep secret the information mentioned in sections 1 and 2.
• The confidentiality obligation established in this article will not apply to the information:

1. That was already public before the client became aware of this information or that later became public without this being the result of a breach of the client's confidentiality duty.

2. That is made public by the client based on a legal obligation.

• The confidentiality obligation described in this article applies during the term of the underlying agreement and for a period of three years after its expiration.

 15. Customer service

• Kasandra Eyewear there is a user support service so that the user can manage their claims, doubts, or request guarantees and exercise the right of withdrawal.
• The user can direct their complaints, claims, or requests for information to Customer Service:

 
Sending an email to kasandra.eyewear@gmail.com.  
- Calling the phone, from Monday to Friday  (09:30-13:30 and 17:00-19:30). 
  

All inquiries, especially complaints and suggestions, will be addressed as quickly as possible, without exceeding the deadlines established by current legislation.

• Likewise, they will have a record of the same by receiving a written receipt, on paper or any other durable medium.

 16. Technical means to correct errors

• Likewise, this information can also be corrected by the User through their personal connection space to the Website  using the contact details provided in the first clause (General information Kasandra Eyewear).
• The User is informed that if they detect an error in entering the necessary data to process their purchase request on the Website, they can modify it by contacting kasandra.eyewear@gmail.com.
• In any case, the User,&nbsp,has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
• Similarly, the User is referred to consult the Legal Notice and General Terms of Use for more information on how to exercise their right of rectification as established in the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights. 

 17. Liability of Kasandra Eyewear

• Kasandra Eyewear  is only liable for any damage suffered by the client to the extent that such damage is caused by intent or deliberate recklessness.
• If Kasandra Eyewear  is liable for any damage, liability will only extend to direct damages resulting from or related to the execution of an agreement.
• Kasandra Eyewear  is never liable for indirect damages, such as consequential damages, loss of profits, lost savings, or damages to third parties.
• If Kasandra Eyewear  is liable, this liability is limited to the amount paid by a liability insurance and in the absence of payment by an insurance company for the amount of damages, liability is limited to the invoice amount.
• All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative and approximate purposes only and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

18. Modification of the terms and conditions

• Kasandra Eyewear  has the right to change or supplement these general terms and conditions.
• Minor changes can be made at any time.
• The main substantive changes will be discussed with the client as early as possible.
• Consumers have the right to withdraw from the agreement in the event of a substantial change in the general terms and conditions.

 19. Personal data protection

 Kasandra Eyewear SLU is the Data Controller of the user's personal data and informs them that this data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPD) and Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, for which the following information on processing is provided:

 1. End of processing

 Maintain a business relationship with the user.

 2. Data collected

 The personal data collected on this site are as follows:

• Account opening: when creating the user's account, their name, surname, phone number, postal address,
• Login: when the user connects to the website, they register, in particular, their last name, first name, access data, usage data, location, and payment data.
• Profile: the use of the services provided on the website allows for the creation of a profile, which may include an address and a phone number.
• Payment: as part of the payment for the services offered on the website, financial data related to the user's bank account or credit card is recorded.
• Communication: when the website is used to communicate with other members, data related to the user's communications is temporarily stored.
• Cookies: Cookies are used when the site is used. The user has the option to disable cookies from their browser settings.

 3. Use of personal data

• implementation of user assistance;
• personalization of services by displaying ads based on the user's browsing history, according to their preferences;
• prevention and detection of fraud, management of malware (malicious software) and security incidents;
• management of potential conflicts with users;
• the sending of commercial and advertising information, according to the user's preferences.

4. Sharing personal data with third parties

 Personal data may be shared with third parties in the following cases:

• When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial entities with which it has entered into contracts;
• when the user posts publicly accessible information in the free comment areas of the website;
• when the user authorizes a third-party website to access their data;
• when the website uses the services of service providers to provide user support services, advertising, and payment. These service providers have limited access to user data, in the context of providing these services, and are contractually obligated to use it in accordance with the provisions of the applicable regulations on personal data protection;
• if required by law, the website may transmit data to file claims against the website and comply with administrative and judicial procedures;

5. Security and confidentiality

 The website  applies organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that the website cannot guarantee the security of the transmission or storage of information on the Internet.

6. Implementation of users' rights

 In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by directing their request to the address C/Piscina nº 1, CP 08757 Corbera del Llobregat España 08757 or to the email address kasandra.eyewear@gmail.com.

• Right to withdraw consent at any time.
• Right of access, rectification, portability, and deletion of your data and to limit or oppose its processing.
• Right to file a complaint with the supervisory authority (agpd.es) if you believe that the processing does not comply with current regulations.

 20. Language of the contract

 These general sales conditions are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text shall prevail in case of litigation.

 21. Applicable legislation

 The user agrees to make correct and appropriate use of the services and the website of Kasandra Eyewear  in accordance with the Law, these General Conditions, the Legal Notice, and Terms of Use of the Portal, as well as with any other conditions, regulations, and instructions that may apply.

The present general terms and conditions of contracting are governed by Spanish legislation, with Spanish Courts and Tribunals being competent to address any issues that may arise regarding interpretation, application, and compliance. The User expressly waives any jurisdiction other than that which, by application of the current Law, may correspond to them and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of the domicile of Kasandra Eyewear SLU.