General Terms and Conditions of Sale of Goods
Clause 1 – General Provisions
- The Excape trademark is owned by Polinelli Srl con Socio Unico (“Polinelli”)
Polinelli S.r.l. with sole shareholder
with registered office in Via Roma, 57, Daverio (VA)
VAT no.: 01342440128Company Register No.: 174115 (Varese Companies Register)
- These General Terms and Conditions of Sale of Goods (“T&C“) relate to the purchase of the Excape-branded Products (the “Products“) as shown on the website: www.excapeeyewear.com (the “Website“)
- These T&Cs apply to orders of Products by the Customer as accepted by Polinelli (“Contract“) with exclusive reference to purchases made on the Website www.excapeeyewear.com, in accordance with the applicable legal provisions.
- These T&Cs are drafted in both languages: Italian and English.
- Before purchasing from the Website, the Customer shall print/download a copy of these T&Cs for future reference.
- The Customer is aware that Polinelli reserves the right to modify these T&Cs at any time and even without notice, upon the occurrence of a justified reason, such as, by way of example but not limited to, a substantial change in the market conditions for the supply of materials, energy, logistics services, IT services and/or any other circumstance that may have an impact on the production and distribution of the Products and services covered by these T&Cs. Changes may be made even after the Customer’s registration to the Website and may also concern the graphical interface of the Website, the contents and their organisation, as well as any other aspect related to the functionality and management of the Website. Any changes to these T&Cs will be communicated by Polinelli to the Customer.
Clause 2 – Registered Customer
- In completing the registration procedures, the Customer undertakes to follow the instructions on the Website and to provide his/her personal data correctly and truthfully. Polinelli will process the Customer’s personal data according to the indications provided in the note on the processing of the relevant personal data provided at the time of registration or in another equivalent manner.
- Once the registration request has been sent by the Customer, the Customer will immediately receive a confirmation e-mail from the Website and will be registered.
- The Customer undertakes to promptly notify Polinelli, via the contacts indicated in these T&Cs, of any changes in the personal data indicated during the registration process as soon as possible.
- If the Customer communicates inaccurate or incomplete data, Polinelli shall have the right not to activate or to suspend the services and sales/delivery operations connected with these T&Cs and/or the Contract, until the data are corrected by the Customer. The Customer will be notified in case of non-activation or suspension caused by inaccurate or incomplete data.
- At the time of the Customer’s first request for activation of a profile, the Website shall assign the Customer a user name (derived from the email address) and the password chosen during registration (“Access Data”).
The Customer acknowledges that these identifiers constitute the system for validating the Customer’s access to the Website and the only system capable of identifying the Customer, and that the acts performed by means of such access shall be attributed to the Customer.
- The Customer undertakes to keep the Access Data secret and to store them with due care and diligence and not to pass them on, even temporarily, to third parties.
Clause 3 – Object
- These T&Cs do not apply to any other purchase of products made by the Customer on other websites linked to www.excapeeyewear.com through banners or other hypertext links. Polinelli is in no way liable to the Customer for any purchases made by the Customer on third-party websites pursuant to Clause 3.1 hereto.
- All Products offered and subject to these T&Cs are described in detail on the Website www.excapeeyewear.com
- The images of the Products on the Website are for illustration purposes only and do not constitute a contractual element.
- Polinelli reserves the right to change the Product specifications to comply with any applicable legal or regulatory requirements.
- Products may only be purchased through the Website by persons over the age of 18 years. In the case of minors, for a purchase to be valid, it must be supervised and authorised by the child’s parent or guardian.
Clause 4- Conclusion of the Contract
- Orders are placed through the Website www.excapeeyewear.com following the purchasing procedures indicated in the on-screen messages.
- The Customer shall confirm that he/she has read and accepted these T&Cs, including the Information on the right of withdrawal and processing of personal data.
- After the Customer has placed an order, the Customer will receive feedback from the Website. The order will be accepted as described in clausola 4.4 below.
- The order will be accepted when the Customer receives the confirmation e-mail from the Website, at which point the Contract shall be deemed to have been concluded. The order confirmation shall indicate the date of the order, the Customer’s identification data, the name of the Product and its quantity, the price or the price calculation method, any additional charges and taxes, the billing and shipping address, and any shipping costs.
- If Polinelli is unable to supply the Products referred to in the order for any reason attributable to Polinelli, the Customer will be informed accordingly by e-mail. If the Customer has already paid for the Products, Polinelli will refund the Customer the full amount paid for the Products (including any delivery costs charged) within 14 days.
- Polinelli reserves the right, at its sole discretion, to accept or refuse the order. Polinelli’s failure to send the confirmation e-mail referred to in the previous clause 4.4 is tantamount to refusing the order, unless such failure is due to an error or temporary technical problem. In this case, the order shall be deemed accepted from the date of sending of the confirmation as per clause 4.4. above, with indication to the Customer of the reason for the delay. In case the Product is not available, Polinelli shall inform the Customer of the new delivery and/or supply conditions, asking whether or not the Customer intends to confirm the order. It is understood that the Contract is only concluded for the accepted Products.
Clause 5 – Availability of Products
- Each Customer order is subject to availability of the Products. The availability of the Products refers to the actual availability at the time when the Customer places the order. However, such availability must be considered purely indicative since, due to the simultaneous presence on the Website of several Customers, the Products may be sold to other Customers before the order is confirmed.
- Even after the order confirmation e-mail has been sent, partial or total unavailability of goods may occur. In this case, the order shall be automatically rectified by eliminating the unavailable Product and the Customer shall be immediately informed by e-mail.
- If the Customer requests the cancellation of the Order, within the 14-day period indicated in clause 12 of these T&Cs, Polinelli will reimburse the amount paid, where possible with the same payment method used by the Customer, within 14 days from the time Polinelli became aware of the cancellation. Only the direct costs of returning the Product, if it has already been delivered, will be borne by the Customer, unless otherwise agreed with our Customer Service.
- Unless otherwise agreed with Customer Service, pursuant to clause 12.7 of these T&Cs, Polinelli may withhold the refund until the Product, if already delivered to the Customer, has been received by Polinelli or the Customer has proved that he/she has shipped the Product.
Clause 6 – Products
- The offer of Products is detailed on our Website at the link: www.excapeeyewear.com.
Clause 7 – Payment Methods and Prices
- The price of the Products shall be the price indicated on the Website at the time of purchase unless there is an obvious error.
- In the event of an error on the price of the Products indicated on the Site, Polinelli will promptly inform the Customer, allowing him/her to confirm the order at the correct price or to cancel it. In any case, Polinelli shall not be obliged to supply the Products sold at any lower price indicated due to a clear error.
- The prices on the Website include VAT and do not include shipping costs. Prices are subject to change at any time at Polinelli’s sole discretion. Changes do not apply to orders for which an order confirmation has already been sent.
- Once the Customer has selected the Products, they will be added to the shopping cart. The Customer must simply follow the purchase instructions, entering or verifying the required information at each step of the process. The order details may be changed before payment.
- Payment can be made by credit cards: Visa and Mastercard. The total amount of the purchase will be charged upon confirmation of the order.
- Shipping costs are automatically charged at the time of payment if the order does not meet the requirements for free shipping.
Clause 8 – Shipment and Delivery
- Shipping costs are the responsibility of the Customer and will be added to the total amount when the order is finalised and paid for.
- It is the Customer’s responsibility to provide accurate shipping address information. Polinelli reserves the right to charge additional transport costs if the information provided is incorrect. If Polinelli does not deliver within 14 days from the date of order confirmation, the Customer will be contacted by Customer Service and will have the option of obtaining a full refund or a replacement shipment, which will be made within an additional period. If this additional period expires without the goods having been delivered to the Customer, the latter may terminate the Contract, without prejudice to the right to compensation for damages.
- Delivery is complete once the Products have been unloaded at the delivery address indicated in the order OR collected by the Customer on the instructions of the carrier.
- Standard shipping costs for Italy are 6€ including VAT, on all orders. Shipping is free for orders over 50€, throughout Italy.
We deliver within Italy with the following shipping costs and times:
- 6€ (in all regions) – Orders less than 50€.
- Free shipping – Orders over 50€
- Estimated time: 5 working days.
The estimated delivery days indicated by Polinelli refer to working days only.
If Polinelli fails to deliver the Products for reasons attributable to its own fault, its liability is limited to the reimbursement of the cost of the purchased and undelivered Product, in addition to any shipping costs already paid by the Customer. However, Polinelli shall not be liable to the extent if the non-delivery was caused by force majeure or because the Customer did not provide adequate delivery instructions or any other relevant delivery instructions.
Clause 9 – VAT, Duties and Shipping
- All prices shown on the Website include VAT, unless otherwise indicated. The amount of VAT applied is equal to the VAT rate in force in Italy. The VAT number of Polinelli Srl con Socio Unico is: Tax Code/VAT no. 01342440128. All additional charges, such as duties on imported goods (when applicable), shall be borne by the Customer.
- Polinelli will only deliver to the Customer’s address provided at the time of purchase.
- Delivery takes place, within the territory of Italy, generally within 5 working days or, if no delivery date is specified, within the estimated time indicated when choosing the delivery method.
- Shipping costs shall be borne by the Customer and are explicitly highlighted when placing the order.
Clause 10 – Transfer of Risk
- Risks relating to the Products transfer to the Customer upon delivery. Ownership of the Products is deemed to pass to the Customer upon receipt of full payment of all amounts due in respect thereof, including shipping costs. However, Clause 1.3 shall apply in the event of non-acceptance of these T&Cs.
Clause 11 – Legal Warranty – Defects
- All purchases made on the www.excapeeyewear.com website are covered by a two (2) year warranty from the date of purchase against manufacturing defects. The Customer may benefit from the warranty only by showing the receipt for the purchase of the Products. The defective Products will be returned to Polinelli at the latter’s expense. The action aimed at asserting the Products’ defects shall be prescribed, in any case, within the term provided for by the applicable law (currently 26 (twenty-six) months from the delivery of the Products) and the Customer’s rights are subject to the forfeiture terms according to the regulations in force.
- Polinelli will repair or replace any Product found to be defective at the Customer’s choice, unless the remedy chosen by the latter is impossible and/or excessively onerous for Polinelli. The warranty does not cover improper or unreasonable use, normal wear and tear of the Products, scratched lenses, lost screws or accidental damage.
- Any complaint concerning defective products or defects must be sent to the address indicated in this clause and must be accompanied by the following information:
a) a brief note describing the Product defect and how it occurred;
b) a clear photo of the Product and the Customer’s contact details (name, address, telephone, e-mail).
Polinelli shall bear the costs of shipping the repaired or replaced Product to the Customer.
For further information, please contact Customer Service by e-mail at
All Products must be returned to:
Polinelli Srl – Resi Excape
Via Roma 57 21020 Daverio (Varese)
Please pack all Products carefully to avoid further damage. Polinelli will not be liable for damage caused by improper packaging and/or shipping. Please allow 4-6 weeks for requests to be processed.
For further information on the warranty period, please contact: firstname.lastname@example.org.
Clause 12 – Withdrawal
- Pursuant to applicable Italian law, the Customer is entitled to withdraw from the purchase without additional costs (except for shipping costs), and without specifying the reason, immediately after the conclusion of the Contract or within 14 days from the date of delivery of the Products.
- In the case of multiple purchases made by the Customer in a single order and delivered separately, the 14-day period begins from the date of receipt of the last Product.
- If the Customer intends to exercise the right of withdrawal, he/she shall notify Polinelli thereof in writing, sending the same by letter to the following address:
Polinelli Srl– Resi Excape
Via Roma 57 21020 Daverio (Varese)
via e-mail to: email@example.com
- This communication must indicate:
- customer details
- order number placed on the site and date
- code of the item(s) (Product) to be returned
- reason for return (for customer service purposes only)
- e-mail address associated with the order.
If the notice is sent by post, the postmark will be taken as proof of the date of delivery.
After Polinelli has received the communication, the Customer will be contacted by Polinelli’s Customer Service and will receive further instructions for the return of the Products in accordance with clause 13 of these T&Cs.
- The Products must be returned undamaged, in their original packaging, complete in all their parts and with the required documentation attached.
Shipping costs shall be borne by the Customer. Damaged, deteriorated or missing parts and incomplete Products will not be accepted and, in such cases, no refund will be made.
The Customer will receive a communication from Customer Service concerning the approval or refusal of the refund. In case of approval, Polinelli will refund the amount of the Products object of the withdrawal within a maximum of 14 days from the date on which the fact that the Customer has exercised the right of withdrawal came to its knowledge. No additional costs (e.g. shipping costs) will be refunded if the Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered by Polinelli.
- Polinelli may suspend the refund until receipt of the Products or until the Customer proves that the Products have been sent to Polinelli, whichever comes first.
- Any refund shall be made using the same method of payment chosen by the Customer at the time of purchase. In the event of a refund, if payment was made by bank transfer, the Customer shall provide the necessary bank details: IBAN, SWIFT and BIC.
Clause 13 – Procedure for Returning Items
- Polinelli’s shipping methods for returns are:
- use of the courier chosen by Polinelli, at a fixed service cost of €6. Customers can express this preference by following all the instructions provided by Customer Service; the cost of using the service will be deducted from the refund amount;
- send the items at the Customer’s own expense by any other courier or postal service.
Returns must be sent within 14 days from the date on which the Customer communicated his/her intention to withdraw from the Contract pursuant to Clause 12 above, to the following address:
Polinelli Srl – Resi Excape
Via Roma 57
21020 Daverio (Varese)
Clause 14 – Processing of personal data
- The data will be processed in accordance with Regulation (EU) 2016/679 (“GDPR“).
Clause 15 – Security
- Polinelli cannot be held liable for any loss of data caused by unauthorised third party access due to causes not attributable to Polinelli. All transaction records shall be kept exclusively by Polinelli.
Clause 16 – Corporate Customers
1.This Website offers business-to-consumer services; business customers are invited to contact our sales team by e-mail: firstname.lastname@example.org.
Clause 17 – Promotional Codes
- The terms and conditions for using a promotional code on the Excape Eyewear website are as follows:
(i) The promotional code is valid for one transaction only.
(ii) Promotional codes are not valid on price adjustments or purchases made before the adjustments.
(iii) Promotional codes are not transferable, have no monetary value and cannot be converted into cash or credit.
(iv) Promotional codes are only valid for products purchased online at excapeeyewear.com.
(v) Promotional codes must be entered before the transaction is completed in order to receive the discount.
2.For ‘Pay one, get two’ promotions the Customer must add at least 2 items to his/her cart. The item of equal or lesser value will be free of charge.
3.For the promotions “Buy two products and get 50% discount on the second product” the Customer must add at least 2 items to his/her cart. The 50% discount is applied to the product of equal or lower value.
4.Free shipping promotions only apply to the standard shipping method.
5.The provisions of this Clause are subject to additional terms and conditions contained in any individual promotional code.
6.The terms of application of the promotional codes are subject to change by Polinelli without prior notice. Any updates in this regard will be promptly made visible on the Website.
Clause 18 – Safeguard Clause
- If one of the provisions of these T&Cs should be void for any reason, this shall in no way affect the validity of and compliance with the other provisions of these T&Cs.
Clause 19 – Contacts
- Any enquiries may be made by e-mail to the following address:
by telephone to the following number: +39 0332 942011
and by post to the following address:
Polinelli Srl con Socio Unico, via Roma 57, 21020 Daverio (Va).
- References in this clause 20 to liability include any liability arising out of or in connection with these T&Cs and/or the Contract, including, but not limited to, contractual, pre- or extra-contractual liability (including negligence), fraud, misrepresentation, restitution or otherwise.
- Polinelli provides the Products to the Customer only for personal use by the Customer and the Customer agrees not to use the Products (or any part of the Products) for resale purposes.
- Polinelli shall, under no circumstances, be liable to the customer for:
- any loss of profits, sales, business or income;
- loss or corruption of data, information or software;
- loss of business opportunities;
- loss of expected savings;
- any loss indirect or consequential to those described above.
- Polinelli’s total liability to the Customer for all damages arising out of or in connection with these T&Cs and/or the Contract shall in no event exceed the amount paid by the Customer for the price of the Product(s) to which the claim relates.
Clause 21 – Applicable Law and Jurisdiction
- These T&Cs are governed by and interpreted in accordance with Italian law. Accordingly, any claim relating to the interpretation, performance and termination of the Contract and/or these T&Cs shall be exclusively subject to the applicable Italian law.