In compliance with the duty of information set forth in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following data are set forth below.

The physical company that owns the luproper.com website is:

Trade name: LUPER

Company name: OPTICAS LUPER S.L, hereinafter the "Company" or the "Responsible Party".

Tax ID: B67829432 Tax Address: AVENIDA CANALEJAS, 3 MURCIA.

Postal Code: 30002, MURCIA, SPAIN.

Phone: +34 868 966 151

Email for communications: hola@luproper.com

 

PURPOSE

The Company, responsible for the luproper.com website, provides users with this document, with which it intends to comply with the obligations set forth in Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSI-CE), as well as inform all users of the website about its terms of use.

Anyone who accesses this website and uses its services, or provides their data, assumes the role of user, committing to the observance and rigorous compliance 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 services offered through this website, and specifically, the sale of prescription glasses, sunglasses frames and auxiliary products.

Acceptance of this contract implies that the user has read, understands and comprehends what is set forth herein. That they are a person with sufficient capacity to contract. That they assume, and accept, 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 luproper.com website, until the publication of a new version.

PRODUCT PURCHASE

To place product orders, the User must follow the purchase procedure established on the Website, read and accept these Terms of Use and select "Complete Order".

Subsequently, the Company will send an email to the User confirming that the Order has been accepted (the "Order Confirmation").

The contract between the User and the Company will be finally formalized once the Company sends the Purchase Confirmation to the User. Only those Products indicated in the Order will be subject to the contract.

PRODUCT AVAILABILITY

All Orders are subject to Product availability. In the event that, once the Shipping Confirmation has been sent, the Company cannot have the requested Product for any circumstance, it will contact the User as soon as possible to communicate such circumstance. In such a case, the Company may:

• Offer the User, without increasing the price, a product with similar characteristics and specifications to the one initially requested, provided that these are in line with the User's needs.

• Offer the User to cancel the requested Order, refunding the amount paid for it, within fourteen (14) business days.

REFUSAL TO PROCESS AN ORDER

Although the Company will do its best to always process all Orders, there may be exceptional circumstances that force it to refuse to process an Order after having sent the Order Confirmation, so the Company 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 from it, not being liable to the User or to 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 from the Website.

PRODUCT WARRANTY

All Products contained on the Website are original from the Company. All of them have a three (3) year warranty in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

It will be understood that the Products comply with the Terms of Use provided that they meet all the requirements set forth below:

• They conform to the description made by the Company and possess the qualities of the Product that the Company has presented to the User in the form of a sample or model.

• They are fit for the uses ordinarily intended for Products of the same type.

• They are fit for any special use required by the User when they have informed the Company of it, provided that the Company has admitted that the product is fit for such use.

• They show the usual quality and performance of a product of the same type that the User can expect, taking into account the nature of the Product.

In the event that it is proven that the Product does not comply with the established specifications, the Company will proceed, when appropriate, to repair, replace, reduce the price or terminate the contract, such actions being free of charge for the User.

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

The Company takes the utmost care in the presentation and description of the Products. However, the photographs of the Products are presented for illustrative purposes. To know the precise characteristics of each Product, you must check the corresponding descriptive data that accompanies 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 next business day after the purchase.

The Company assumes no responsibility when the delivery of the Product is not carried out as a result of the data provided by the User being false, inaccurate or incomplete, or when the delivery cannot be made due to 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 at Customs.

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

Shipping costs will be borne by the User as included on the shipping and returns page.

PRICE AND PAYMENT OF PRODUCTS

The prices applicable to each Product will be those published on the Website on the date 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 will be understood 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 the Company tries to ensure that all prices listed on the Website are correct, errors may occur. In the event that the Company discovers an error in the price of any of the Products requested by a User, it will inform them as soon as possible and give them the option to reconfirm the Order at the correct price or cancel it. If the Company fails to contact the User, the Order will be considered canceled and the User will be fully reimbursed for the amounts they had paid.

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

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

PAYMENT METHODS

The User will have the following payment methods:

• Credit or debit card: Visa, Visa Electron, Mastercard, American Express. To minimize the risk of unauthorized access, the User's credit card data will be encrypted.

• Amazon Payment.

• Payment upon collection at one of the three LUPER optical stores.

The applicable VAT rate will be the legally current one at any given time, depending on the specific product in question.

SPECIAL INFORMATION ON THE PURCHASE OF PRESCRIPTION GLASSES

The Company distributes additional or replacement glasses; it does not perform online vision corrections. If the customer has never used prescription glasses, we recommend that they visit our luproper.comtablishment, an optician-optometrist or an ophthalmologist, where they will have their vision corrected and their glasses fitted.

For the Company to distribute ophthalmic lenses to the customer, with the specifications prescribed by their vision specialist, the customer must understand and accept the following conditions:

• The customer has previously been a LUPER customer and the prescription provided by our optician-optometrists was prescribed within the last twelve months.

• Otherwise, the Company will send your replacement glasses according to the information the customer has provided to the Company.

• The Company trusts that the information the customer provides when placing an order on the website is correct and complies with the prescription that a vision professional has prescribed, and also that at some point an adaptation of said prescription has been carried out, and that it has been well tolerated.

• The prescription provided by your optician-optometrist or ophthalmologist has been prescribed within the last twelve months.

• The Company will not be held responsible if the customer does not adapt to their prescription glasses with the specifications that the customer has previously provided to the Company and that are prescribed by a vision specialist.

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

RIGHT OF WITHDRAWAL

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

The aforementioned right of withdrawal shall not be valid for those products that have been manufactured according to the specifications made by the buyer or are clearly customized.

Once the relevant inspection of the returned Product has been carried out to ensure compliance with the requirements established in section c) below, and in the event that the User does not decide to make an exchange, the Company will reimburse the User the amount of the Product, excluding shipping costs, which will be borne by the User as indicated on the shipping and returns page.

After the Withdrawal Period, no exchanges or returns of Products will be accepted. Only exchanges will be accepted for those Products that may have been defective in accordance with the section on return or replacement of defective products.

In the case of prescription glasses, being personalized products, associated returns will be governed by Law 3/2014, article 103, section c: "The supply of goods manufactured according to consumer specifications or clearly personalized." These will be exceptions to the right of withdrawal.

RETURN OR REPLACEMENT OF DEFECTIVE PRODUCTS

In the event that the User considers that the Product does not conform to the specifications established for said Product, they must contact the Company immediately via email at the contact address hola@luproper.com, providing the Product data, as well as informing of the defect it has and whether they opt for the 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 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, within a reasonable period, an email to the User informing them whether the return or replacement of the Product is appropriate (the "Return or Replacement Decision").

In such a case, the return or replacement of the Product will be carried out as soon as possible and, in any case, within thirty (30) calendar days following the date of sending the Return or Replacement Decision.

In the event that the return is appropriate, the Company will fully reimburse the User the price of the Product in addition to the shipping costs assumed by the User. If the User has opted for replacement, the Company will cover all shipping costs.

COMMON PROVISIONS FOR RETURNS

The User must meet the following requirements to exercise the right of withdrawal, as well as to make returns and replacements of Products:

• To arrange for Product collection, the User must first contact the Company by sending an email to the contact address hola@luproper.com.

• The User may prove the exercise of the right of withdrawal in any legally admissible form, being considered in any case validly exercised by returning the Product.

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

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

WEBSITE USAGE

The Company provides access to a multitude of information, services or data (hereinafter "the content") on the Internet belonging to the Company that the user may 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 content. In said registration, the user will be responsible for providing truthful and lawful information. The user undertakes to make appropriate use of the content and services that the Company offers through its website.

Even having adopted the technical measures within its reach, the Company is not responsible for or guarantees that access to the Website will be uninterrupted or error-free. Nor is it responsible for or guarantees that the content or software that can be accessed through the Website is error-free or causes damage. In no case will the Company be responsible for losses, damages or harm of any kind that arise from accessing and browsing the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The Company is not responsible for damages that may be caused to Users by improper use of the Website. In particular, it is not responsible in any way for outages, interruptions, lack or defect of telecommunications that may occur while the User browses it.

The Company makes every effort to avoid any error in the content that may appear on the Website. However, the Company does not guarantee, nor is it responsible for the consequences that may arise from errors in the content that may appear on the Website.

WEBSITE CONDITIONS AND THEIR ACCEPTANCE

These Conditions govern visits to the luproper.com website. 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 will not have the right to visit the luproper.com site. The inquiry service of this website is also regulated by these Conditions.

The information that appears on the Website is that which is valid on the date of its last update. The Company is not responsible for the topicality and suitability of the information contained therein.

The Website may not be altered, changed, modified, or adapted by the User. The Company reserves the right to make as many updates, changes and modifications as it deems appropriate, and may exercise this right at any time and without prior notice.

ACCESS AND VISIT TO THE WEBSITE

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

CORRECT WEBSITE VISIT

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

You must refrain from manipulating the identifying data of the Company offered on the luproper.com website.

You must refrain from manipulating the technical devices for content or information protection, and in general, the configuration of the luproper.com website.

LIMITATION OF WARRANTIES AND LIABILITIES

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 damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations to your computer system, electronic documents, or files, and in general, to those of the website users.

Even having adopted the technical measures within its reach, the Company is not responsible or guarantees that access to the Website will be uninterrupted or error-free. Nor does it assume responsibility or guarantee that the content or software that can be accessed through the Website is free of error or causes damage. In no case will the Company be liable for losses, damages, or harm of any kind arising from accessing and browsing the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The Company is not responsible for damages that may be caused to Users by improper use of the Website. In particular, it is in no way responsible for falls, interruptions, lack or defect of telecommunications that may occur while the User browses it.

COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY

All contents of the luproper.com website and the Company's service are the exclusive and worldwide property of the Company, 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 the operating and development software of the website. Reproduction, distribution, public communication, assignment and any other act or modality of exploitation not expressly authorized by the holder of the exploitation rights are prohibited. All trademarks appearing on the website are registered trademarks and property of the Company.

TECHNICAL LINK DEVICES

The website often makes technical link devices (links, banners or buttons), directories and search tools available to the user that allow users to access websites belonging to and/or managed by third parties. The Company does not offer or market, either by itself or through third parties, the services available on the linked sites, nor does it control, supervise or approve the products, services, content, information, data, files, and any other type of material on those linked sites.

Consequently, the Company declines any responsibility regarding information found outside this website and not managed by the Company. The function of the links that appear is exclusively to inform the user about the existence of other sources of information on the matter on the Internet, where they can expand the data offered on this website. These links do not imply a suggestion, invitation or recommendation for visiting the destination sites, and therefore, the Company will not be responsible for the result obtained through said links.

LAW AND JURISDICTION

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

For any litigious matter between you and the Company arising from the existence or content of these Conditions or your visit to the website, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the country.

TEMPORARY OFFERS AND PROMOTIONS

This section explains the terms and conditions of the different offers the Company makes throughout the year, as well as the special conditions for the benefits of buying at LUPER.

• SECOND UNIT AT 50% OFF. With the purchase of two pairs of sunglasses or two pairs of prescription glasses, a 50% discount will be applied to the lower-value item. Offer applicable to all products in the SUN and VISION categories. For frames with prescription lenses, this offer will only be valid if the two selected glasses use the same prescription; otherwise, the offer will be rejected or invalidated. This offer cannot be combined with other discounts or promotions.

• GLASS CLEANER SPRAY. With your first purchase at LUPER over €70 or during your first purchase at LUPER buying two pairs of sunglasses, you will receive a LUPER brand GLASS CLEANER SPRAY with unlimited refills at our LUPER opticians. Refills of the glass cleaning liquid will only be allowed using the LUPER glass cleaner spray enabled for this purpose. It is not permitted to refill with other unofficial containers or bottles.

• FINANCING. Financing for up to twelve months without interest for purchases with a value between a minimum of two hundred euros (€200) and a maximum of three thousand euros (€3000). Minimum monthly payment thirty euros (€30).

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

• FREE INSURANCE OFFER ON PRESCRIPTION GLASSES. With the purchase of any of our prescription glasses, you will enjoy breakage, loss, or theft insurance for one year from the time of purchase. Said insurance will cover 50% of the original value, regardless of discounts or special offers, of your glasses, with the client contributing the remaining 50%. To exercise the insurance, the client must present the purchase receipt. In no case will the repair or replacement of the insured item alter the validity period of the insurance, meaning, the one-year validity period will begin from the moment of purchase of the original item.

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

• ADAPTATION GUARANTEES OFFER. The customer will have a one-month adaptation period for progressive lenses (including progressive solar lenses) starting from the product purchase date. Not applicable to safety products. In case of non-adaptation, to exercise 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, as well as the purchase receipt and/or original invoice, if issued. For the application of this guarantee, LUPER will offer the customer a replacement of the guaranteed item with another; this may have a higher RRP than that paid by the customer at the time (in which case the customer must pay the difference). For the calculation of the final RRP of the replacement item, all discounts that the customer may benefit from at the time of exercising this guarantee will be taken into account. In no case will the replacement of the guaranteed item alter the validity period of the guarantee, meaning, the six months of validity will begin from the moment of purchase of the original item.

• PRESCRIPTION CHANGE OFFER. Prescription glasses adapted for children under 6 years old have insurance for a prescription change for three months starting from the moment of purchase of the item. This insurance applies to customers, under 6 years old, who have purchased prescription glasses (a frame and two lenses purchased at the same time and within the same order). All children who have not reached 6 years of age at the time of purchase will be considered under 6 years old, even if they turn 6 that year. Therefore, the criterion for establishing whether they are under 6 years old is their birthday and not the year. If the guaranteed items were collected when the child was 5 years old and the prescription change occurs when they have already turned 6 years old, the guarantee will apply, since the age at the time of product purchase is taken into account for the calculation of the three-month guarantee. The three-month period begins from the purchase of the guaranteed item. Within this period, all prescription changes that the customer experiences in the use of the guaranteed item will be covered. To exercise this guarantee, the customer must present the item, with all its accessories and complementary products. A prescription change will be considered: variations in hyperopia or astigmatism equal to or greater than 0.75 diopters. Variations in myopia equal to or greater than 0.50 diopters. Variation of the axis of astigmatism, equal to or greater than 10 degrees. Variations in prismatic diopters, equal to or greater than 1DP in both eyes. For the application of the guarantee, LUPER will change the lenses of the glasses for the customer using the same frame purchased at the beginning of the guarantee period. The lenses with which the old ones will be replaced will be of the same quality as those acquired by the customer. This insurance will in no case entail the refund of the amount initially paid by the customer. In no case will the replacement of the lenses alter the validity period of the guarantee, meaning, the three months of the offer's validity will begin from the moment of purchase of the original item.

• TEMPORARY OFFER: FREE GLASS CLEANER SPRAY. This offer will start on 01/08/2020 and end on 30/09/2020. To participate in the following offer, the customer must leave their details (Name, surname, phone number, and email) in the FACEBOOK and INSTAGRAM forms enabled for this promotion. Once the data is provided, the customer will receive an email with a personalized CODE for the gift and where they should book an appointment for a PERSONALIZED EYE EXAM. After completing the eye exam, they will receive a LUPER brand GLASS CLEANER SPRAY for free. Only one SPRAY per user will be allowed. It will be mandatory to undergo a PERSONALIZED EYE EXAM to receive the GLASS CLEANER SPRAY. Likewise, it will be mandatory to provide the promotion code that the customer will receive in the email to redeem it for the GLASS CLEANER SPRAY.