Legal Notice. Samot Opticians since 1917. Creative eyewear minds

LEGAL NOTICE

 

  1. The Company

SAMOT is a register trademark of SAMOT ON LINE S.L. which is a corporation duly incorporated under Spanish Law, with registered offices in Santander (39005), Paseo Pérez Galdós, 23, B-2, 1ºA and Tax Identification Number B-39707021, registered at the Company Registry of Cantabria under Document 1/2009/2.534,0   Diary 87   Seat No.  817   Volume 970  Book No.  0    Page No. 175   Sheet S-21035.

 

  1. The Website

Those users who freely access the Website will be considered as Users for the purposes of this Legal Notice.

2.1 Purpose and Target

The Website provides Users with information about the company and its activity and offers them the possibility to purchase the goods provided by SAMOT in accordance with the terms set forth in the Terms & Conditions that you can see in the LEGAL INFORMATION section.  Please take into account that the purpose of the Website is strictly professional and therefore its content is not addressed to under age Users.

2.2 Applicable law

This legal notice, which also includes the terms of use of the Website, shall be interpreted under Spanish Law. Due to the supranational nature of the electronic communication infrastructures, those accessing the Website from other countries must observe the promulgated law in each territory insofar as such law is imperatively applicable.

 

  1. Terms of use

3.1 Purpose and acceptance

The main purpose of these rules is the regulation of the Website access. All Users are obligated to observe them. The access and surfing on the Website implies the express and unreserved acceptance of the provisions of this Legal Notice and, therefore, if any User does not agree with any of such provisions he/she shall not access or surf on the Website.

3.2 Unauthorized conduct

Anyone who accesses the Website must observe the applicable laws, ethical codes and terms of use of the Website. According to the same, users shall refrain from performing any conduct that may involve:

Denigrating the services rendered by SAMOT.

Disseminating computer viruses which may harm computer programs or affect contents, equipment or systems of SAMOT.

Disabling any computer programs technical protections.

Including contents of any kind whatsoever.

Dissemination of xenophobic or pornographic contents.

Using trademarks, logos or distinctive signs of third parties, without the required authorization.

Using the Website contents for commercial purposes without express authorizations.

Associating the Website’s contents with pornographic information or in connection to any sort of racist or xenophobic exploitation or related to terrorism or weapons trafficking.

Transforming, communicating to the public, distributing, assigning, reproducing or modifying the Website’s contents, except as permitted by law or when expressly authorized by SAMOT.

Failing to comply with the technical requirements or specifications established for accessing the Website.

Making defamatory comments that may affect fundamental rights of third parties.

3.3 Suspension of the Website

The Website is operated using the servers of service provider’s companies connected by public and private communication infrastructures.

Access to the Website may be suspended due to technical reasons or due to causes of force majeure such as:

Interruptions in electricity supply or telephone service.

User errors when accessing the Website.

Fires, floods, earthquakes or other acts of nature.

Strikes or labour conflicts.

Warfare or other force majeure situations.

The above mentioned causes, which are given merely as an example and not as a non-limitative list, are unforeseeable or, even being foreseen or foreseeable, are equally inevitable.

SAMOT declines and will be exonerate from any liability derived from the occurrence of any of such reasons and events.

3.4 use of Cookies

SAMOT uses Google Analytics on this Website. Google Analytics is a web analysis service provided by Google, Inc. (hereinafter, “Google”) that uses “cookies”, which are stored on the User’s computer to help the visited website analyse how Users use the same.

The information generated from the cookie about the use of the Website visited by the User (including the IP address) is sent to Google, and stored by Google on servers in the United States. Google will use this information for the purpose of tracking and examining the use of the Website by the User, filling reports on Website activity for web site operators and providing other services relating to Website activity and Internet usage.

Google may also transfer this information to third parties when required by law or when such third parties process the information on Google’s behalf. Google will not associate IP addresses with any other user data held by Google.

User may refuse the use of cookies at any time by selecting the appropriate settings in its browser. These settings, normally, are found in the “options” or “preferences” of the menu of your browser. For example:

However, please note that if you refuse the use of cookies, you may not be able to use the full functionality of this Website. By using the Website, the User allows the processing of its data by Google for the terms and purposes listed above.

For further information regarding Google Analytics, please see the following link http://www.google.com/analytics/tos.html.

3.5 Legal liability

Failure to observe these rules or to comply with the applicable regulation that apply to such rules may result in an unlawful act, administrative fine, an offence or crime and shall entitle SAMOT to claim for the civil, administrative, labour or criminal responsibility that may correspond. Expressions, opinions or comments included illegally in the Website shall be responsibility of those who have made them.

 

  1. Website content

4.1 Types of contents

Any and all contents included in the Website included but not limited to texts, images, designs, graphics and all the intellectual property rights on and to the same, are of SAMOT’s exclusive property or third parties’ property, being all such rights reserved to their respective right holders.

Under no circumstances, it shall be understood that accessing and/or surfing the Website by a User shall imply a waiver, license or a total or partial transmission or assignment of such rights by SAMOT.

It is forbidden to modify, copy, re-use, exploit, reproduce, publicly communicate, make second or subsequent publications, load files, send by email, transmit, use, process or otherwise distribute or communicate to the public all or any part of the Website contents unless SAMOT’s express prior written consent.

4.2 Associated trademarks and logotypes

The trademarks included in the Website are of exclusive property of SAMOT or by third parties, having SAMOT authorization to use them in the Website.

Anyone surfing the Website is not authorized to use, copy, reproduce, communicate to the public, modify, or exploit in any manner whatsoever said trademarks, logos and/or distinctive signs without prior written authorization and/or license from their respective right holders.

4.3 Links to other websites

Any mention in the Website to third parties websites, if the case, are for reference only. SAMOT does neither develop nor manage such websites nor owns the mentioned Internet addresses, unless otherwise specifically indicated. Therefore, SAMOT shall neither be liable for the contents included in such websites nor for the damages originated by accessing them or the services provided.

SAMOT authorizes to make any type of link or hyperlink from other websites to the Website. Nevertheless, anyone who wishes to link his/her website to SAMOT’s must comply with the following conditions:

The linked website shall not contain information or contents that may result illegal or against the moral, good moral values, public order or any other third parties rights.

Under no circumstance it shall be stated nor understood that SAMOT expressly authorizes a link, or that has supervised the same, or assumed or in any way recommended the services provided or made available in the website that has linked to the Website. It is, therefore, recommended to anyone who surfs on our Website to extreme caution in valuating and using the linked information, contents and services of the linked websites.

To establish a link does not imply in any case the existence of any kind of relationship between SAMOT and the linked website owner or the acceptance or approval of its contents or services by SAMOT.

Links can only be established with respect to any page of the Website that is publicly accessible and is not restricted to concrete Users.

 

  1. Website publication and terms of use

This Legal Notice jointly with the terms of use of the Website is available to anyone who accesses the Website. Those who access the Website may freely consult and print them.

The content of this Legal Notice will be adapted according to any modifications affecting the applicable law, the structure of the organization, the services, the design and technical specifications of the Website and the technological infrastructure. Due to all these reasons, they may be updated periodically and without prior notice.

We, therefore, recommend you to frequently consult the present Legal Notice of the Website in order to verify its changes through time.

 

 

PRIVACY POLICY

 

SAMOT ON LINE S.L. grants protection to all personal data provided through its Website www.vitoandwilly.com (hereinafter, the “Website”)in compliance with the provisions of Spanish Organic Law 15/1999, dated December 13th, on the protection of Personal Data, in the Spanish Royal Decree 1270/2007, Dated December 21th and the rest of applicable regulation.

 

  1. A)     Such Users who provide their personal data in order to register as User in the Website shall take into account the following:

All personal data provided to SAMOT through the Website in order to register as User will be processed by SAMOT according to legal provisions and shall be collected in an automated data file created and managed under SAMOT’s responsibility duly registered in the Spanish Data Protection Agency. You may consult the complete identifying data of SAMOT in the LEGAL INFORMATION section.

Please be aware that Users, who access certain specific services of the Website, particularly those related to the newsletter or the purchase process, will be asked for their specific consent in order to include their personal data other data files different from the file described above and may be asked to provide different information from such already provided in the registration process.

The data requested during the registration process are collected to: (i) allow the correct identification of the User, (ii) grant the User access to restricted areas of the Website and provide the services offered (without prejudice of what is set forth in the previous paragraph), (iii) perform statistics studies and historical analysis and (iv) enable the contact with SAMOT (including report of incidents).

In the event that the user gives his/her express consent, all collected data shall also be used for promotional and advertising activities of the products and services provided by SAMOT or by third parties collaborating in the Website, by any means, specially by sending e-mails (all promotional messages shall include the identification “advertising” and a simple mechanism through which Users may express their desire not to receive any of such messages in the future). Promotional and advertising activities may include information about products or services related to other companies in the sectors of decoration, textile, fashion, clothing and accessories and household products, cosmetics, leather goods and jewelry as well as information related to contests, draws and promotions related to those products or services.

SAMOT shall comply, in relation to the collection and processing of personal data, with all required security levels appropriated to the kind of data provided by Users. For this purpose, SAMOT has installed all means and technical measures at its disposal to avoid the loss, non-authorized access or manipulation of data according to the regulation on security measures for automated date files that contain personal data approved by the Spanish Royal Decree 1720/2007, dated December 21th. Notwithstanding the above, Users should be aware that the security measures on the internet are not invulnerable.

The User may, at any time, exercise his/her rights to access, rectify, cancel and oppose regarding his/her personal data as well as to revoke his/her consent for any of the above mentioned activities by sending an e-mail to SAMOT to hello@samot.com, clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

The User authorizes the automated processing of the personal data provided under the terms set forth herein if he/she makes click in the “Send” button which appears after filling in the collecting data form. All data which are compulsory shall be identified with an asterisk in the form.

 

  1. B)      Such Users who provide their personal data in order to conclude a purchase order of any SAMOT’s products through the Website shall take into account the following:

The user’s data will be included in a file of which SAMOT ON LINE S.L. is the data controller, with the exclusive purposes of (i) managing the purchase orders the User has requested, (ii) the sending of the purchased items to the User, (iii) the invoicing and delivering of the invoice regarding the products purchased by User (iv) charging the items purchased, (v) where appropriate, managing the exchanges and returns of products and of (v) carrying out statistical studies in relation to  purchasing preferences of SAMOT’s Users.

You are entitled to exercise your rights of access, rectification, cancellation and opposition of your personal data and to withdraw the consent to any purpose set out above addressing such application to SAMOT ON LINE S.L. by e-mail to hello@samot.com, clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

Notwithstanding the requested consent, please be advised that, as Registered User, the provisions of Section A) above of this Privacy Policy shall be also applicable.

 

  1. C)      Such Users who provide their personal data because they wish to receive the newsletter shall take into account the following:

When providing his/her email address, User expressly consents to periodically receive the sending of newsletters and news alerts with advertising information and news about the contents hosted in the Website and related to products, offers, contests, draws and promotions of SAMOT ON LINE S.L.

In addition, when providing his/her email address, User gives his/her consent to the inclusion and processing of your email address to a file of which SAMOT ON LINE S.L. is the data controller, with the exclusive purpose of providing you with this information service.

Any User is entitled to exercise your rights of access, rectification, cancellation and opposition by addressing such application to SAMOT ON LINE S.L. by e-mail to hello@samot.com, clearly indicating his/her contact data, the required action and a copy of his/her ID/Tax Identification Number or any document proving his/her identity.

 

PURCHASE TERMS & CONDITIONS

 

  1. PURPOSE

The purpose of the present purchase terms and conditions (hereinafter, the “Terms & Conditions) is to regulate the purchase of products though the website www.vitoandwilly.com (hereinafter, the “Website”) by Users registered in the Website’s section “Account” (hereinafter the “Registered User/s”).
These Terms and Conditions shall apply without prejudice to the rules of use of the Website established in the Legal Notice which applies to all Website visitors for the mere access to it.

The Website is owned by SAMOT ON LINE S.L.

 

  1. TERRITORY

 

The products sale’s scope through the Website is worldwide. All taxes are only included in Spain and EU territories – Ceuta, Melilla and the Canary Islands are excluded -. Shipping in SAMOT do not include special taxes and custom duties in other territories. It is compulsory that User consults special taxes and custom duties in order to take care of the extra costs that this may involve. Also, it’s not responsibility of SAMOT possible retentions of product and any other situation arising from other territories’ specific laws or regulations.

 

3.REGISTRATION PROCESS

 

In order to buy the products offered by SAMOT through this Website, it is compulsory that User registers as Registered User in section “Log in”, which implies that he/she has to fulfill all data in the appropriate form. In case any User is not registered as Registered User in the moment of filing an order, he/she may register in that moment by fulfilling the form that may be consulted here.

Please be aware that the registration system uses as a control measure the e-mail address that the Registered User provides in his/her registry, what permits him/her having as many accounts as e-mail addresses he/she provides. Nevertheless, we suggest you to proceed with just one register because the system matches the information and does not permit the link of a credit a card or back account to more than one Registered User account, as a fraud prevention measure.

The registration process as a Registered User in the Website requires the supply of some personal data (name and surname, an e-mail address that will work as a user key (login) and a password of User’s choice that must be composed by, at least, of six (6) characters), as well as the acceptance of the Privacy Policy of the Website.

Once the registration process is completed, SAMOT will immediately send an e-mail to the User confirming that the registration process has successfully been completed.

Please be aware that your e-mail address and the chosen password facilitate the access to restricted areas of the Website, in order to permit the selection and purchase of SAMOT’s products. This access is only addressed to personal use and its purpose is to grant the user’s identification in each visit to the Website. That is why we strongly recommend you to keep your personal codes in secret and do not permit third persons access to them.

In the event that, for any reasons, you consider the password does not comply with the security purpose for you access as Registered User, or you lose your password, you may change it or recover the access to your account as Registered User by requesting a new password by selecting the option “Forgot your password” when accessing section “Log in” of the Website.

 

  1. PRODUCTS

 

SAMOT commercializes through its Website only its own products which are produced under the most strict quality standards.

SAMOT has exercised its best endeavors so that the products’ colors that appear in the Website resemble reality as much as possible. Nevertheless, the products’ colors that appear in the screen may be subject to variations according to the computer screen quality and other aspects. In this respect, SAMOT does not warrantee that the colors which appear in the electronic device the User uses to access the Website, are exactly like in reality.

 

  1. PURCHASE PROCESS

 

To process an order, the Registered User shall select the items in the prescription and color of his/her choice and add them to the “Cart”.

In the section “Cart” the Registered User will be informed of the total amount of his/her order in euros.

Once the Registered User has selected the products he/she wants to purchase, the Website will require the Registered User additional personal data (data to process the payment and to proceed with the shipping), which are compulsory to pay the product and to allow SAMOT to ship the product/s included in the purchase order. You can consult the payment process details in the next section.

In case it is the first time the Registered User files an order through the Website, he/she should introduce the shipping address in which he/she wants to receive the products.

In case it is not the first time the Registered User files an order through the Website, the system will automatically and by default recover the shipping data of the first order made, without prejudice to any modification to those data that the Registered User may do to provide an alternative postal address for the shipping.

It is important that you take into account that SAMOT does not process shipments to post office boxes.

Once the purchase process is finished, you will become a customer of SAMOT (hereinafter referred to as the “Customer”). SAMOT will send a confirmation e-mail of the purchase made to the e-mail address provided when you registered as a Registered User. Said e-mail will include a detail of the product/s acquired, the total price of the same, the delivery expenses and the expected delivery date (depending on the destination, the product/s availability and the logistics of the courier companies). You can see more details about the delivery process in section 7 below.

If after a reasonable period of time, you have not received a confirmation e-mail, it is important that you access again to your user account to verify that your order has been duly processed. In case of any incident, please contact SAMOT by sending an e-mail to hello@samot.com.

Except for technical problems, products shown as available in the Website (and that, consequently, can be added to the “Cart”), are ready for its immediate shipping from SAMOT´s storehouse. In case of any incident with the delivery of one/some given product/s, SAMOT will contact the Customer as soon as possible and inform the same about the effective date of availability of the selected product/s or, if the case, to offer such Client alternative solutions, if possible.

In case the effective availability of certain product/s or the alternative solutions offered by SAMOT are not accepted by the Customer, SAMOT will reimburse the Customer the amounts already charged for that/those product/s, processing normally the rest of the order, if the case.

The promotions, special offers or discounts that SAMOT may carry out in the Website will be valid until the date indicated in the same or until stocks last.

 

  1. PAYMENT TERMS

 

All orders may be paid by credit and debit card or by pay-pal system.

SAMOT does not store data of electronic payment means (credit or debit card or pay-pal system). When you provide such data, you shall be doing it through a SSL encryptation system (Secure Socket Layer) and through a safe connection between the Website and the electronic provider of the payment service.

In order to contribute to the fraud prevention through Internet, SAMOT reserves the right to verify the personal data provided by the Customer and take the measures that it may consider more appropriate (for example, and not limited to the paralyzation of the order, the cancelation of the same, the notification of the situation to the competent authorities, among others) in the event of having evidences or suspicions of a fraudulent order or made impersonating other’s identity.

In the event that a Customer needs an invoice of his/her purchase, he/she may request it by sending an e-mail hello@samot.com indicating his/her tax information. SAMOT will process your request as soon as possible and will send the invoice by e-mail to the address indicated in the registration process or to the one the Customer expressly indicates.

 

  1. DELIVERY OF PRODUCT/S COVERED BY AN ORDER

 

SAMOT undertakes to ship the products acquired by the Customer to the address provided by him/her in the purchase order, according to what is set forth in Section 2 above.

It is very important that, in the moment of the purchase, you indicate the complete information of the shipping address. It is recommended that you provide, in the moment of the purchase process when the Website indicates so, a contact phone number in order to guarantee the correct delivery of the product/s. Shipping to postal office boxes will not be accepted.

The delivery of the product/s requested through a purchase order takes place thanks to agreements executed between SAMOT and leading courier companies with the highest quality standards in providing their services.

The delivery deadlines are merely by way of guidance in such a way that SAMOT shall not be responsible in case of exceeding the initial estimated deadline, although SAMOT commits itself to use its best endeavors to respect and comply with them as much as possible.

In case that any incident arises in relation to the shipping of the products, the courier company in charge of the shipping will take the necessary steps to finish it, by contacting you by phone or by e-mail to verify the shipping address and/or the contact person, in order to agree the delivery conditions or solve any other incident.

 

8.RETURNS

 

The principal interest of SAMOT is to reach the highest level of satisfaction among its Customers. According to this, all its products meet the highest quality standards and are verified before shipping them to the Customers. Nevertheless, if once the order is received, any errors are made in relation to the shipped product, the prescription or color of any product are not those requested or you simply wish to return any product by exercising your withdrawal right, you shall send an e-mail to hello@samot.com before a period of fifteen (15) days after the reception of the product/s to be returned, indicating the reasons.

SAMOT will answer to your e-mail as soon as possible with the details of how to proceed according to the circumstances.

In order to return or change any product, you shall check that the same comply with the following conditions:

The product must not be used.

The product must be returned in the same condition it was sent and in the original packaging. If the original packaging is not available (only in case of shipping error), it must be replaced by a similar one with the same size and capacity.

The return must be made to the address indicated below, within seven (7) working days after our e-mail confirmation to your request:

SAMOT

Street Lealtad, 7

39002 Santander

Spain

 

Once the product is received and its condition has been checked by SAMOT, if such product fulfills all requirements set forth above, SAMOT shall proceed as follows:

–              In the event of shipping mistakes (prescription, color)  not requested product by the Customer): SAMOT will proceed to ship the product in the prescription or color the Customer demanded in the initial order, not charging the Customer the shipping and transport expenses of the second shipping.

–              In the event of returns derived from the exercise of the withdrawal right (change of mind about the purchase, if admissible): SAMOT will proceed to the refund of the amount of the returned product/s, by the same payment mechanism used by the Customer to complete the purchase, within a maximum term of thirty (30) days since the exercise of the withdrawal right, that is, the date in which the Customer sent an e-mail to SAMOT indicating his wish to exercise said right, not refunding the Customer the shipping expenses in which he/she may have incurred to return the product to SAMOT.

In no case, SAMOT will accept any return of any product send by the Customer postage due.

In case that the product/s returned according to the circumstances described in this section, do not meet the required conditions for the return SAMOT will communicate it to the Customer, indicating the alternatives he/she has in relation to the same according to the circumstances of the specific case (for example, but not limited to, return of the same product/s prepaid, replacement of the product/s with additional cost, repairing of the product/s at  Customer’s expense, among others).

 

  1. ACQUIRED PRODUCTS GUARANTEE

 

SAMOT will respond of fabrication defects for a period of one (1) year to be counted as of the date of delivery of the product at issue.

The Customer shall send an e-mail to hello@samot.com notifying the incident. SAMOT will answer said e-mail as soon as possible with the details about how to proceed according to the circumstances.

The Customer shall prove the defect and shall return the defective product in its original packaging, if possible. The return must be made to the address indicated below, within seven (7) working days after our e-mail confirmation to your request:

SAMOT

Street Lealtad, 7

39002 Santander

Spain

 

In case that the product/s returned according to the circumstances described in this section, do not have fabrication defects covered by the legal guarantee, SAMOT will communicate it to the Customer, indicating the alternatives he/she has in relation to the same according to the circumstances of the concrete case (for example, but not limited to, return of the same product/s prepaid as they are, replacement of the product/s with additional cost, repairing of the product/s at  Customer’s expense, among others).

 

  1. CUSTOMER SERVICE

 

If you have any kind of doubt, consultation or suggestion, you can send us an e-mail to: hello@samot.com or by postal mail to:

SAMOT

Street Lealtad, 7

39002 Santander

Spain

 

  1. GOVERNING LAW

These Terms and Conditions shall be construed in accordance with the laws of Spain, without prejudice to the imperative laws applicable in each country of the Territory. In case of any dispute that cannot be solved amicably between SAMOT and the Customer, the competent Courts shall be such of the City of Santander (Cantabria), unless otherwise provided by imperative laws that may result applicable.