In compliance with the duty to provide information set out in Article 10 of Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico (Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce), the following details are set out below.

The company that owns the web domain luper.es is:

Trade name: LUPER

Company name: OPTICAS LUPER S.L, hereinafter the “Company” or the “Controller”.

Tax ID (CIF): B67829432 Registered tax address: AVENIDA CANALEJAS, 3 MURCIA.

Postcode: 30002, MURCIA, SPAIN.

Telephone: +34 868 966 151

Email for communications: hola@luper.es

 

PURPOSE

The Company, which is responsible for the website luper.es, makes this document available to users in order to comply with the obligations set out in Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSI-CE), and to inform all users of the website of 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 and undertakes to observe and strictly comply with the provisions contained herein, as well as any other legal provision that may be applicable.

The purpose of this contract is to regulate the provision of the services offered through this website, and specifically, the sale of glasses for prescription lenses, sunglasses frames and ancillary products.

Acceptance of this contract means that the user has read, understands and comprehends what is set out herein; that they are a person with sufficient capacity to enter into contracts; and that they assume and accept all the obligations set out herein. These conditions shall be valid for an indefinite period and shall apply to all contracts entered into through the website luper.es, until a new version is published.

PURCHASE OF PRODUCTS

To place orders for products, the User must follow the purchase procedure established on the Website, read and accept these Conditions of Use and select “Complete Order”.

The Company will then send the User an email confirming that the Order has been accepted (the “Order Confirmation”).

The contract between the User and the Company shall be finally concluded once the Company sends the User the Purchase Confirmation. Only the Products indicated in the Order shall be the subject of the contract.

AVAILABILITY OF PRODUCTS

All Orders are subject to the availability of the Products. If, once the Shipping Confirmation has been sent, the Company is unable to supply the Product ordered for any reason, it will contact the User as soon as possible to inform them of this. In such a case, the Company may:

• Offer the User, at no extra cost, a product with characteristics and specifications similar to those of the product originally ordered, provided that these are in line with the User's needs.

• Offer the User the cancellation of the Order, refunding the amount paid for it within (14) working days.

REFUSAL TO PROCESS AN ORDER

Although the Company will always do its best to process all Orders, there may be exceptional circumstances that oblige it to refuse to process an Order after having sent the Order Confirmation. The Company therefore reserves the right to do so at any time, at its sole discretion.

The Company reserves the right to withdraw any Product from the Website at any time and to remove or modify any material or content on it, and shall not be liable to the User or to any third party for withdrawing any Product from the Website, regardless of whether or not that Product has been sold, or for removing or modifying any material or content on the Website.

PRODUCT GUARANTEE

All Products on the Website are originals of the Company. All of them carry a three (3) year guarantee in accordance with the criteria and conditions set out in the Real Decreto Legislativo, 7/2021, de 28 de abril, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (Royal Legislative Decree 7/2021 of 28 April approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws).

The Products shall be deemed to conform to the Conditions of Use provided that they meet all of the requirements set out below:

• They match the description given by the Company and have the qualities of the Product that the Company has presented to the User as a sample or model.

• They are fit for the purposes for which Products of the same type are ordinarily used.

• They are fit for any special purpose required by the User when the User has made it known to the Company, provided that the Company has accepted that the product is fit for that purpose.

• They show the quality and performance usual in a product of the same type that the User may reasonably expect, given the nature of the Product.

If it is proven that the Product does not conform to the established specifications, the Company shall, where appropriate, repair or replace the Product, reduce the price or terminate the contract, all of which shall be free of charge for the User.

The Company is not liable for damage to the Products that may result from their misuse, from acts or omissions of the User that do not comply with the specifications of each Product, or from damage caused by third parties not connected with the Company. In cases where the Company is not liable, the User may request a repair service.

The Company takes the greatest care in presenting and describing the Products. However, the photographs of the Products are for illustrative purposes only. To find out the precise characteristics of each Product, you should check the corresponding descriptive information accompanying each Product.

DELIVERY OF PRODUCTS

Once the Order Confirmation has been sent, the Products will be delivered to the address indicated by the User when placing the Order within approximately 24 to 72 hours from the working day following the day of purchase.

The Company accepts no liability whatsoever when the Product cannot be delivered because the details provided by the User are false, inaccurate or incomplete, or when delivery cannot be made for reasons beyond the control of the courier company assigned for this purpose, such as the absence of the User or the Product being held at Customs.

Delivery times are approximate, although the Company tries to keep to them.

Shipping costs shall be borne by the User as set out on the shipping and returns page.

PRICE AND PAYMENT OF PRODUCTS

The prices applicable to each Product shall be those published on the Website on the date on which the User places the Order. The prices shown for each of the products or services offered on the site include Value Added Tax (IVA) and are expressed in Euros (€). The prices applicable to each service shall 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 the Company tries to ensure that all prices shown on the Website are correct, errors may occur. If the Company 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 them the option of confirming the Order at the correct price or cancelling it. If the Company is unable to contact the User, the Order will be considered cancelled and all amounts paid will be refunded to the User in full.

The Company shall not be obliged to supply any Product to the User at the incorrect lower price (even if the Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could reasonably have been recognised by the User as an incorrect price.

Prices may change at any time. However, any such changes shall not affect Products for which the Company has already sent the Shipping Confirmation.

PAYMENT METHODS

The User may use the following payment methods:

• Visa, Visa Electron, Mastercard or American Express credit or debit card. To minimise the risk of unauthorised access, the User's credit card details will be encrypted.

• Amazon Payment.

• Payment on collection at our LUPER opticians.

The applicable VAT (IVA) rate shall be the one legally in force at any given time depending on the specific product concerned.

SPECIAL INFORMATION ON THE PURCHASE OF PRESCRIPTION GLASSES

The Company distributes additional or replacement glasses; it does not carry out eye tests online. If the customer has never worn prescription glasses, we recommend that they visit our LUPER opticians, an optometrist or an ophthalmologist, where their prescription will be determined and their glasses fitted.

In order for the Company to be able to supply ophthalmic lenses to the customer, with the specifications prescribed by their eye care specialist, the customer must understand and accept the following conditions:

• The customer has previously been a LUPER customer and the prescription provided by our optometrists was issued within the last six months.

• Otherwise, the Company will send the replacement glasses in accordance with the information that the customer has provided to the Company.

• The Company trusts that the information provided by the customer when placing an order on the website is correct and matches the prescription issued by an eye care professional, and furthermore, that at some point the customer has been fitted with that prescription and has tolerated it well.

• The prescription provided by their optometrist or ophthalmologist was issued within the last six months.

• The Company shall not be held liable if the customer does not adapt to their prescription glasses made to the specifications that the customer has previously provided to the Company and that were prescribed by an eye care specialist.

• The Company reserves the right not to supply prescription glasses if the specifications provided are not clinically advisable.

RIGHT OF WITHDRAWAL

In accordance with the applicable regulations, you may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within fourteen (14) calendar days from the date of delivery (the “Withdrawal Period”).

This right of withdrawal shall not apply to products made to the buyer's specifications or clearly personalised.

Once the relevant inspection of the returned Product has been carried out to verify that the requirements set out in section c) below are met, and provided that the User does not choose to make an exchange, the Company will refund the User the amount of the Product, except for shipping costs, which shall be borne by the User as set out on the shipping and returns page.

Once the Withdrawal Period has ended, no exchanges or returns of Products will be accepted. Exchanges will only be accepted for Products that may have proved to be defective in accordance with the section on the return or replacement of defective products.

RETURN OR REPLACEMENT OF DEFECTIVE PRODUCTS

If the User considers that the Product does not conform to the specifications established for that Product, they must contact the Company immediately by email at the contact address hola@luper.es, providing the details of the Product, describing the defect and stating whether they choose a refund or replacement with an identical Product.

The User may return the Products, at the place where they were delivered, to a courier sent by the Company, or return the Product by their own means. Once the relevant inspection of the returned Product has been carried out, the Company will send the User an email within a reasonable period informing them whether the return or replacement of the Product is accepted (the “Return or Replacement Decision”).

In such a case, the return or replacement of the Product shall be carried out as soon as possible and, in any event, within thirty (30) calendar days of the date on which the Return or Replacement Decision is sent.

If the return is accepted, the Company will refund the User the full price of the Product plus the shipping costs paid by the User. If the User has chosen a replacement, the Company will bear all shipping costs.

PROVISIONS COMMON TO RETURNS

The User must meet the following requirements in order to exercise the right of withdrawal and to be able to return and replace Products:

• To arrange the collection of the Product, the User must first contact the Company by sending an email to the contact address hola@luper.es.

• The User may prove the exercise of the right of withdrawal by any means admissible in law; in any case, it shall be deemed validly exercised by returning the Product.

• The Product must be returned in the same condition in which it was received. The Company will not refund any amount if the Product has suffered any damage, so the User must take care of the Product while it is in their possession.

• The refund will be made using the same payment method that the User used to pay for the Product.

USE OF THE WEBSITE

The Company provides access to a wide range of information, services or data (hereinafter “the contents”) on the Internet belonging to the Company, to which the user may have access. The user assumes responsibility for the use of the portal. This responsibility extends to any registration that may be necessary to access certain services or contents. In such registration, the user shall be responsible for providing truthful and lawful information. The user undertakes to make appropriate use of the contents and services that the Company offers through its website.

Even though it has adopted the technical measures within its reach, the Company does not accept responsibility for, nor guarantee, that access to the Website will be uninterrupted or error-free. Nor does it accept responsibility for, or guarantee, that the content or software that may be accessed through the Website is error-free or will not cause damage. Under no circumstances shall the Company be liable for losses, damage or harm of any kind arising from access to and browsing of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The Company is not liable for any damage that may be caused to Users through inappropriate use of the Website. In particular, it is in no way liable for any outages, interruptions, failures or defects in telecommunications that may occur while the User is browsing it.

The Company makes every effort to avoid any errors in the contents that may appear on the Website. However, the Company does not guarantee, nor accept responsibility for, the consequences that may arise from errors in the contents that may appear on the Website.

CONDITIONS OF THE WEBSITE AND THEIR ACCEPTANCE

These Conditions govern visits to the website luper.es. Visiting the website implies full and unreserved acceptance of each and every one of the Conditions. If you do not agree with the Conditions, you shall not be entitled to visit the site luper.es . The enquiry service of this website is also governed by these Conditions.

The information on the Website is that in force on the date of its last update. The Company accepts no responsibility for the currency and suitability of the information contained on it.

The User may not alter, change, modify or adapt the Website. The Company reserves the right to make any updates, changes and modifications it deems appropriate, and may exercise this right at any time and without prior notice.

ACCESS TO AND VISITS TO THE WEBSITE

The provision of the website service by the Company is free of charge.

PROPER USE OF THE WEBSITE

You undertake to use the website, its contents and the Company's service in accordance with the law and these Conditions, good practice and public order. Likewise, you undertake not to use the website, its contents and the Company's service for unlawful purposes or with unlawful effects, contrary to the content of these Conditions, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload or impair the website and/or its contents and/or the Company's service, or prevent their normal use or enjoyment by other people.

You must refrain from tampering with the Company's identification details provided on the website luper.es.

You must refrain from tampering with the technical devices for protecting content or information, and in general with the configuration of the website luper.es.

LIMITATION OF WARRANTIES AND LIABILITY

The Company does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system. The Company excludes any liability for loss and damage of any kind that may be due to the presence of viruses or other elements in the contents that may cause alterations to your computer system, electronic documents or files, and in general those of the users of the website.

Even though it has adopted the technical measures within its reach, the Company does not accept responsibility for, nor guarantee, that access to the Website will be uninterrupted or error-free. Nor does it accept responsibility for, or guarantee, that the content or software that may be accessed through the Website is error-free or will not cause damage. Under no circumstances shall the Company be liable for losses, damage or harm of any kind arising from access to and browsing of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The Company is not liable for any damage that may be caused to Users through inappropriate use of the Website. In particular, it is in no way liable for any outages, interruptions, failures or defects in telecommunications that may occur while the User is browsing it.

COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of the website luper.es and of the Company's service are the exclusive worldwide property of the Company, including, without limitation, graphic design, logos, images, texts, brands and other distinctive signs, in any of the programming languages used or usable, as well as all the software for the operation and development of the website. Reproduction, distribution, communication to the public, assignment and any other act or form of exploitation not expressly authorised by the holder of the exploitation rights is prohibited. All brands appearing on the website are registered trademarks owned by the Company.

TECHNICAL LINKING DEVICES

The website often makes technical linking devices (links, banners or buttons), directories and search tools available to the user, allowing users to access websites belonging to and/or managed by third parties. The Company 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, contents, information, data, files or any other kind of material on those linked sites.

Consequently, the Company declines any liability for information found outside this website and not managed by the Company. The sole purpose of the links shown is to inform the user of the existence of other sources of information on the subject on the Internet, where they can expand on the information provided on this website. These links do not constitute a suggestion, invitation or recommendation to visit the destination sites, and therefore the Company shall not be liable for the results obtained through such links.

LAW AND JURISDICTION

These Conditions, as well as any relationship between you and the Company, shall be governed by Spanish law.

For any dispute between you and the Company arising from the existence or content of these Conditions or from your visit to the website, both parties, expressly waiving any other jurisdiction to which they may be entitled, submit to the exclusive jurisdiction and competence of the courts of the country.

TEMPORARY OFFERS AND PROMOTIONS

This section explains the terms and conditions of the various offers that the Company makes during the year, as well as the special conditions of the benefits of buying at LUPER.

• 2ND PAIR 50% OFF OFFER. When buying two pairs of sunglasses or two pairs of prescription glasses, a 50% discount will be applied to the lower-priced item. Offer applicable to all products in the SUNGLASSES (SOL) and OPTICAL (VISTA) categories. For frames with prescription lenses, this offer shall only be valid if both pairs of glasses selected use the same prescription; otherwise the offer will be refused or invalidated. This offer cannot be combined with other discounts or promotions.

• FINANCE. Interest-free finance for up to twelve months for purchases with a value between a minimum of two hundred euros (€200) and a maximum of three thousand euros (€3,000). Minimum instalment thirty euros (€30) per month.

• FREE PARKING OFFER. One-hour free parking ticket at Aparcamiento Vibel (Calle Acisclo Díaz, 1, 30005 Murcia), at Parking Glorieta de España Empark (Glorieta de España s/n, 30004 Murcia) or at Parking Emilio Castelar (Calle Adolfo Ceño, 25, 30740 San Pedro del Pinatar) Murcia with purchases over €70 that include the PERSONALISED EYE TEST service. Parking tickets cannot be validated or issued on days other than the day of purchase, such as when collecting orders.

• FREE INSURANCE ON PRESCRIPTION GLASSES OFFER. With the purchase of any of our prescription glasses, you will enjoy insurance against breakage, loss or theft for one year from the time of purchase. This insurance will cover 50% of the original value of your glasses, regardless of discounts or special offers, and the customer must pay the remaining 50%. To claim on the insurance, the customer must present the purchase receipt. Under no circumstances shall the repair or replacement of the insured item alter the period of validity of the insurance, that is, its one year of validity shall run from the time of purchase of the original item.

• CLEANING AND MAINTENANCE OFFER. Free cleaning and maintenance service for glasses purchased by the customer at LUPER. Products that do not belong to the LUPER brand are excluded from this offer.

• ADAPTATION GUARANTEE OFFER. The customer will have an adaptation period of six months on varifocal lenses (progressive lenses), including varifocal sunglasses lenses, from the date of purchase of the product. Not applicable to safety products. In the event of non-adaptation, to claim under this guarantee the customer must present the item with all its accessories, cases, complementary products, etc., all of them in perfect condition, in their original packaging and with the corresponding label, together with the original purchase receipt and/or invoice, if one was issued. To apply this guarantee, LUPER will offer the customer a refund of the amount paid for the guaranteed item or its replacement with another item, which may have a higher retail price (PVP) than the one originally paid by the customer (in which case the customer must pay the difference) or a lower retail price than the one originally paid by the customer (in which case LUPER will refund the difference to the customer). To calculate the final retail price of the replacement item, all the discounts from which the customer may benefit at the time of claiming under this guarantee will be taken into account. Under no circumstances shall the replacement of the guaranteed item alter the period of validity of the guarantee, that is, its six months of validity shall run from the time of purchase of the original item.

• PRESCRIPTION CHANGE OFFER. Prescription glasses fitted for children under 6 years of age come with insurance against changes in prescription for three months from the time of purchase of the item. This insurance applies to customers under 6 years of age who have bought prescription glasses (one frame and two lenses bought at the same time and within the same order). All children who have not reached the age of 6 at the time of purchase shall be considered to be under 6, even if they turn 6 that year. Therefore, the criterion for establishing whether a child is under 6 is their birthday and not the year. If the guaranteed items were collected when the child was 5 and the change in prescription occurs once the child has turned 6, the guarantee will apply, since the age at the time of purchase of the product is taken into account for calculating the three months of guarantee. The three-month period starts from the purchase of the guaranteed item. Within this period, all changes in prescription that the customer undergoes while using the guaranteed item will be covered. To claim under this guarantee, the customer must present the item with all its accessories and complementary products. The following shall be considered a change in prescription: variations in long-sightedness (hyperopia) or astigmatism equal to or greater than 0.75 dioptres; variations in short-sightedness (myopia) equal to or greater than 0.50 dioptres; variation in the axis of astigmatism equal to or greater than 10 degrees; variations in prismatic dioptres equal to or greater than 1PD in both eyes. To apply the guarantee, LUPER will replace the customer's lenses using the same frame bought at the start of the guarantee period. The new lenses will be of the same quality as those purchased by the customer. Under no circumstances shall this insurance entail the refund of the amount initially paid by the customer. Under no circumstances shall the replacement of the lenses alter the period of validity of the guarantee, that is, the three months of validity of the offer shall run from the time of purchase of the original item.