- TERMS AND CONDITIONS
- 1. IDENTIFICATION DATA
- In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following data is reflected below:
- The company that owns the web domain millerandmarc.com is Miller & Marc SL (hereinafter Miller and Marc) with address for these purposes in Madrid, Calle Corredera Alta de San Pablo, number 2, and CP 28004, CIF B-87363867 and email hello@millerandmarc.com
- Miller & Marc SL is duly registered in the Commercial Registry of Madrid, in Volume 33790, Folio 171, Entry 1 and Sheet M-608163.
- 2. PURPOSE OF THE CONTRACT
- Miller & Marc, SL, responsible for the website millerandmarc.com, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as informing all users of the website about the conditions of use of the site.
- Any person who accesses this website and uses its services, or provides their data, assumes the role of user, committing to the observance and strict compliance with the provisions contained herein, as well as any other legal provisions that may be applicable.
- The purpose of this contract is to regulate the provision of services offered through this website, and specifically, the sale of prescription glasses, sunglasses and frames.
- The following is the contractual document that will govern the provision of our services and sale of products through the website: www.millerandmarc.com owned by Miller & Marc, SL (hereinafter Miller and Marc). Acceptance of this document implies that the user:
- You have read, understood and comprehend what is stated herein.
- That is a person with sufficient capacity to contract.
- That assumes and accepts all the obligations set forth herein.
- These conditions will have an indefinite period of validity and will be applicable to all contracts made through the millerandmarc.com website, until a new version is published.
- 3. PURCHASE OF PRODUCTS
- a. How to buy Products
- To order Products, the User must follow the purchasing procedure set out on the Website, read and accept these Terms of Use and select “Complete and Pay” (the “Order”). Miller and Marc will then send an email to the User confirming that the Order has been accepted (the “Order Confirmation”). The contract between the User and Miller and Marc will be finally formalised once Miller and Marc sends the User the Purchase Confirmation. Only those Products indicated in the Order will be subject to the contract.
- b. Product Availability
- All Orders are subject to Product availability. In the event that, once the Shipping Confirmation has been sent, Miller and Marc is unable to supply the Product requested for any reason, it will contact the User as soon as possible to inform them of this circumstance. In such event, Millar and Marc may:
- I. offer the User, without increasing the price, a product with characteristics and specifications similar to those initially requested, provided that these are in accordance with the User's needs; and/or
- II. offer the User to cancel the requested Order by refunding the amount paid for it, within (14) business days.
- c. Refusal to process an Order
- Although Miller and Marc will always endeavour to process all Orders, there may be exceptional circumstances which require it to refuse to process an Order after we have sent the Order Confirmation and Miller and Marc reserves the right to do so at any time, at its sole discretion.
- Miller and Marc reserves the right to withdraw any Product from the Website at any time and to remove or modify any material or content thereof, and shall not be liable to the User or any third party for withdrawing any Product from the Website, regardless of whether said Product has been sold or not, or for removing or modifying any material or content of the Website.
- d. Product Warranty
- All Products contained in the Website are original Miller and Marc products. All of them have a two (2) year warranty in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
- Products will be deemed to comply with the Terms of Use provided they meet all of the requirements set out below:
- I. They conform to the description made by Miller and Marc and possess the qualities of the Product that Miller and Marc has presented to the User in the form of a sample or model.
- II. They are suitable for the uses for which Products of the same type are normally intended.
- III. They are suitable for any special use required by the User when he has made this known to Miller and Marc, provided that Miller and Marc has admitted that the product is suitable for such use.
- IV. Present the usual quality and performance of a product of the same type that the User can expect, given the nature of the Product.
- In the event that it is proven that the Product does not comply with the established specifications, Miller and Marc will proceed, where appropriate, to repair, replace, reduce the price or terminate the contract, such actions being free of charge for the User.
- Miller and Marc is not responsible for any damage to the Products that may result from misuse of the Products, or from acts or omissions by the User that do not comply with the specifications of each Product or from damage caused by third parties not related to Miller and Marc.
- Miller and Marc takes the greatest care in presenting and describing the Products. However, the photographs of the Products are presented for illustrative purposes only. To find out the exact characteristics of each Product, you should check the corresponding descriptive data accompanying each Product.
- e. Delivery of the Products
- Once the Shipping Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within approximately one to ten (1-15) business days from the date of purchase.
- Miller and Marc assumes no liability when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the User or the retention of the Product in Customs.
- Delivery times are approximate, although Miller and Marc tries to adhere to them.
- f. Price and payment of the Products
- The prices applicable to each Product will be those published on the Website on the date on which the User places the Order. The prices indicated for each of the products or services offered on the site include Value Added Tax (VAT) and are understood to be in Euros (€). The prices applicable to each service will be those published on the website or those offered in the form of offers and promotions on the website or in banners, commercial communications from the provider, etc. Although Miller and Marc tries to ensure that all prices listed on the Website are correct, errors may occur. In the event that Miller and Marc discovers an error in the price of any of the Products ordered by a User, it will inform the User as soon as possible and give the User the option of reconfirming the Order at the correct price or cancelling it. If Miller and Marc is unable to contact the User, the Order will be considered cancelled and the User will be fully reimbursed for any amounts paid.
- Miller and Marc shall not be obliged to supply the User with any Product at the incorrect lower price (even after a Dispatch Confirmation has been sent) if the pricing error is obvious and unmistakable and could have reasonably been recognised by the User as an incorrect price.
- Prices may change at any time. However, any changes will not affect Products for which Miller and Marc has already sent a Dispatch Confirmation.
- i. Payment method
- The User may make payment using Visa, Visa Electron, Mastercard, American Express credit or debit cards or through PayPal. To minimise the risk of unauthorised access, the User's credit card details will be encrypted. Whether payment is made by credit or debit card or through PayPal, the charge will be made at the time when Miller and Marc sends the Order Confirmation to the User. In addition, Miller & Marc offers the User the option of financing the product through the APLÁZAME financial institution. In this way, the payment would be divided into four interest-free instalments (the first of which is paid at the time of purchase). Subject to approval by the financial institution.
- ii. Value Added Tax (VAT)
- The applicable VAT rate will be the one legally in force at any given time depending on the specific product in question.
- g. Special information about the purchase of prescription glasses
- Miller and Marc distributes both new glasses and additional or replacement glasses. Although Miller & Marc offers prescriptions to its customers in its physical opticians, sometimes we use the prescription provided by the User from other ophthalmologists and opticians-optometrists to offer additional or replacement glasses. In case the customer has never worn prescription glasses, we recommend that he or she first visit an optician-optometrist or ophthalmologist, who will perform the prescription and adaptation of his or her glasses.
- In order for Miller & Marc to distribute the ophthalmic lenses to the client, with the specifications that his or her vision specialist has prescribed, the client must understand and accept the following conditions:
- i. Miller and Marc will send you your replacement glasses according to the information that the customer has provided to Miller & Marc.
- ii. Confidence. Miller and Marc trusts that the information provided by the customer when placing an order at www.millerandmarc.com is correct and meets the prescription prescribed by an eye care professional, and that the customer has had an adjustment to the prescription made at some point and that it has been well tolerated.
- iii. That the prescription provided by your optician-optometrist or ophthalmologist has been prescribed within the last twelve months.
- iv. Miller & Marc will not be liable if the customer does not fit his/her prescription glasses to the specifications that the customer has previously provided to Miller & Marc and that are prescribed by an eye care specialist.
- v. Miller & Marc reserves the right not to provide prescription glasses because the specifications provided are not clinically appropriate.
- h. Special information about contact lenses
- i. By purchasing contact lenses, the User agrees to have been informed by a Miller & Marc Optician-Optometrist on the following points:
- ii. To compensate for my visual defect, I have been informed that I can use contact lenses. I have also been informed of other alternatives.
- iii. Appropriate tests have been carried out to check whether my ocular condition at this time is satisfactory for the adaptation of contact lenses.
- iv. I have been informed that contact lens use, in general, has many benefits but is not without risks. Some users, due to improper use, may develop complications that affect the quality of their vision.
- v. During the adaptation process, it is normal to experience slight discomfort and occasional red eyes or discomfort with light. These sensations disappear throughout the adaptation process.
- vi. Cooperation is essential for the success of the adaptation. To this end, I will receive all the necessary information for the correct handling and maintenance of contact lenses.
- vii. Regular check-ups are necessary for eye health. Your optician-optometrist will tell you when you should have them depending on your particular case, but they should be done at least once a year.
- viii. Extending the period of contact lens use beyond that recommended by your optician-optometrist may cause problems that affect your quality of vision.
- ix. If you stop using contact lenses for more than six months, you must start the adaptation process again under the supervision of your optician-optometrist.
- x. My optician-optometrist, as a health professional, has satisfactorily informed me about the nature, advantages, disadvantages and possible complications of contact lens fitting. I have also been informed about other alternatives for compensating for my visual impairment.
- xi. I have understood all the information provided to me by my optician/optometrist and have asked all the questions I considered appropriate. I assume responsibility for attending check-ups and for carrying out the maintenance system that my optician/optometrist indicates to me. xii. I freely and voluntarily give my consent to have my contact lenses fitted.
- 4. RETURNS AND EXCHANGES OF PRODUCTS
- a) Right of withdrawal
- In the event that the User is contracting as a consumer, he/she may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within the period of thirty (30) calendar days from the date of delivery thereof (the "Withdrawal Period"). The aforementioned right of withdrawal will not be valid with respect to those products that have been made according to the specifications made by the buyer or clearly personalized. The establishment has a maximum period of 14 days to proceed with the refund from the time the customer exercises the withdrawal, and may retain it until we have the product in our facilities and have reviewed it.
- Once the relevant inspection of the returned Product has been carried out to ensure that the requirements established in section c) below are met and in the event that the User does not decide to make an exchange, Miller and Marc will refund the User the amount of the Product, without additional costs, except for orders outside the Peninsula for which shipping costs will be charged to the User as included in the following table:
|
Product Collection by Miller and Marc |
Product Shipment by the User |
|
|
Change |
24€ |
14€ |
|
Return |
14€ |
without expenses |
- Once the Withdrawal Period has elapsed, no exchanges or returns of Products will be accepted. Exchanges will only be accepted for those Products that may have been found to be defective in accordance with the provisions of section b) below.
- b) Return or replacement of defective products
- In the event that the User considers that the Product does not comply with the specifications established for said Product, he/she must contact Miller and Marc immediately by sending an email to the contact address hello@millerandmarc.com providing the Product details, as well as informing them of the defect it has and whether he/she opts for a return or replacement with an identical Product.
- The User may return the Products, at the place where they were delivered, to a courier sent by Miller and Marc or return the Product by its own means. Once the relevant inspection of the returned Product has been carried out, Miller and Marc will send, within a reasonable period of time, an email to the User informing him/her whether the return or replacement of the Product is appropriate (the “Return or Replacement Decision”). In such case, the return or replacement of the Product will be carried out as soon as possible and, in any case, within fourteen (14) calendar days following the date of sending the Return or Replacement Decision.
- In the event that a return is appropriate, Miller and Marc will fully reimburse the User for the price of the Product, in addition to the shipping costs incurred by the User within mainland Spain. If the User has opted for a replacement, Miller and Marc will cover all shipping costs within mainland Spain.
- c) Common provisions for returns
- The User must meet the following requirements to make use of the right of withdrawal, as well as to be able to make returns and replacements of Products:
- i To arrange for the collection of the Product, the User must first contact Miller and Marc by sending an email to the contact address hello@millerandmarc.com;
- ii The User may prove the exercise of the right of withdrawal in any manner permitted by law, which shall be considered in any case to have been validly exercised by returning the Product;
- iii The Product must be returned in the same condition as it was received. Miller and Marc will not refund any amount if the Product has been damaged, so the User must take care of the Product while it is in their possession; and
- iv Gift cards are non-refundable
- The refund will be made using the same payment method that the User used to pay for the Product.
- 5. HOME PRODUCT TEST SERVICE
- Miller & Marc offers a free home try-on service for 5 frames, for 5 days. During the checkout process, bank details will be requested before completing the home try-on order. No charge will be made to the customer's bank account for the frames, except in the following case:
- Only in the event of non-return of the trial glasses within 10 calendar days or if any of the frames are damaged, a charge of €79 will be made to the customer's account for each unreturned or damaged frame. This is our price for frames without lenses. To avoid this charge, the customer will simply have to hand over the trial frames to the courier who will contact them 5 days after receiving them (we will send a reminder email). If the trial period ends on a weekend or holiday, we will pick them up the next working day. If the customer needs an extra day, they can request it by email to pedidos@millerandmarc.com .
- 6. USE OF THE WEBSITE
- Miller and Marc provides access to a wide range of information, services and data (hereinafter "the contents") on the Internet belonging to Miller and Marc to which the user may have access. The user assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or contents. In this registration, the user will be responsible for providing truthful and lawful information. The user undertakes to make appropriate use of the contents and services that Miller and Marc offers through its website.
- 7. WEBSITE CONDITIONS AND ITS ACCEPTANCE
- These Terms govern your visit to the millerandmarc.com website. Visiting the website implies full and unreserved acceptance of each and every one of the Terms. If you do not agree to the Terms, you are not entitled to visit the millerandmarc.com website. The enquiry service on this website is also governed by these Terms.
- 8. ACCESS AND VISIT TO THE WEBSITE
- The provision of the website service by Miller and Marc is free of charge, and does not require prior subscription or registration by the user.
- 9. CORRECT VISIT TO THE WEBSITE
- You agree to use the website, its contents and the Miller and Marc service in accordance with the law and these Conditions, good customs and public order. You also agree not to use the website, its contents and the Miller and Marc service for purposes or effects that are illegal, contrary to the content of these Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or deteriorate the website and/or its contents and/or the Miller and Marc service or prevent the normal use or enjoyment of these by other people.
- You must refrain from manipulating the identifying data of Miller and Marc offered on the millerandmarc.com website.
- You must refrain from manipulating the technical devices for protecting content or information, and in general the configuration of the millerandmarc.com website.
- 10. LIMITATION OF WARRANTIES AND LIABILITIES
- Miller and Marc does not control or guarantee the absence of viruses or other elements in the content that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system. Miller and Marc excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the content that may cause alterations in your computer system, electronic documents or files of you and in general of the users of the website.
- 11. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY
- All content on the millerandmarc.com website and the Miller and Marc service are the exclusive and worldwide property of Miller and Marc, including, without limitation, graphic design, logos, images, texts, trademarks and other distinctive signs, in any of the programming languages used or usable, as well as all software for the operation and development of the website. Reproduction, distribution, communication to the public, transfer and any other act or form of exploitation that has not been expressly authorized by the owner of the exploitation rights is prohibited.
- All trademarks appearing on the millerandmarc.com website are registered trademarks and property of Miller and Marc.
- 12. TECHNICAL LINK DEVICES
- The website often makes available to the user technical linking devices (links, banners or buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties. Miller and Marc does not offer or market, either itself or through third parties, the services available on the linked sites, nor does it control, monitor or approve the products, services, content, information, data, files and any other kind of material on these linked sites.
- Consequently, Miller and Marc declines any responsibility for information found outside this website and not managed by Miller and Marc. The purpose of the links that appear is exclusively to inform the user about the existence of other sources of information on the subject on the Internet, where they can expand on the data offered on this website. These links do not imply a suggestion, invitation or recommendation to visit the destinations, and therefore, Miller and Marc will not be responsible for the results obtained through these hypertext links.
- 13. LAW AND JURISDICTION
- These Conditions, as well as any relationship between you and Miller and Marc, shall be governed by Spanish law.
- For any dispute between you and Miller and Marc arising from the existence or content of these Terms or your visit to the website, both parties, expressly waiving any other jurisdiction that may apply to them, submit to the exclusive jurisdiction and competence of the country.
