Terms and Conditions

Identification data

En cumplimiento con el deber de información recogido en el artículo 10 de la Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico, a continuación se reflejan los siguientes datos:

La empresa física titular del dominio web projectlobster.com es Ace & Tate Spain S.L. con domicilio a estos efectos en Carrer Entença 325-335, Planta 1, 08029 Barcelona, Spain, y correo electrónico hello@aceandtate.com.

Ace & Tate Spain S.L. con CIF B67506436 está debidamente inscrita en el Registro Mercantil de Barcelona, en el Tomo 46436, Folio 59, Inscripción 1ª y Hoja 519933.

Object

Project Lobster, responsible for the website www.projectlobster.com, provides users with this document, which aims to comply with the obligations set forth in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as to inform all users of the website about the conditions of use of the site.

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, specifically, the sale of prescription and sunglasses and frames.

Below is the contractual document that will govern the provision of our services and sale of products through the website: www.projectlobster.com, owned by Project Lobster (hereinafter Ace & Tate). Acceptance of this document implies that the user:

Has read, understands, and comprehends the following: (1) That they are a person with sufficient capacity to contract, (2) That they assume, and accept, all obligations set forth herein. These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website www.projectlobster.com, until the publication of a new version.

Purchase of products

How to buy products?

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." Project Lobster will then send an email to the User confirming that the Order has been accepted (the "Order Confirmation"). The contract between the User and Project Lobster will be formally concluded once Project Lobster sends the User the Purchase Confirmation. The contract will only cover those Products indicated in the Order.

Product Availability

All Orders are subject to the availability of the Products. In the event that, once the Shipping Confirmation has been sent, Project Lobster is unable to provide the requested Product for any reason, it will contact the User as soon as possible to inform them of this circumstance. In such a case, Project Lobster may: I. 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; and/or II. 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 Project Lobster will do its best to process all Orders, there may be exceptional circumstances that force it to refuse to process an Order after having sent the Order Confirmation, for which reason Project Lobster reserves the right to do so at any time, at its sole discretion.
Project Lobster 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 Guarantee

All Products contained on the Website are original from Project Lobster. 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, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

It will be understood that the Products conform to the Conditions of Use provided that they meet all the following requirements:

  1. They conform to the description made by Project Lobster and possess the qualities of the Product that Project Lobster has presented to the User in the form of a sample or model.
  2. They are fit for the uses ordinarily intended for Products of the same type.
  3. They are fit for any special use required by the User when they have brought it to the attention of Project Lobster, provided that Project Lobster has admitted that the product is fit for such use.
  4. 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 conform to the established specifications, Project Lobster will proceed, when appropriate, to the repair, replacement, price reduction, or termination of the contract, such actions being free of charge for the User.

Project Lobster is not responsible for damage to the Products that may result from misuse of them, as well as acts or omissions of the User that do not conform to the specifications of each Product or damage caused by third parties not linked to Project Lobster.

Project Lobster takes the utmost care in presenting and describing the Products. However, the photographs of the Products are presented illustratively. To know the precise characteristics of each Product, you must check the corresponding descriptive data that accompanies each Product.

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 twenty (1-20) business days from the day of purchase.

Project Lobster assumes no responsibility if the delivery of the Product cannot be carried out due to false, inaccurate, or incomplete data provided by the User, or if the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the User's absence or the retention of the Product at Customs.

Delivery times are approximate, although Project Lobster attempts to adhere to them.

Price and payment of the 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 offered as promotions and special offers on the website or in banners, commercial communications from the provider, etc. Although Project Lobster tries to ensure that all prices listed on the Website are accurate, errors may occur. In the event that Project Lobster discovers an error in the price of any of the Products ordered 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 Project Lobster is unable to contact the User, the Order will be considered canceled and the User will be fully refunded any amounts paid.

Project Lobster 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 unmistakable and could have been reasonably recognized by the User as an incorrect price.

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

I. Payment method

The User may make payment using Visa, Visa Electron, Mastercard, American Express credit or debit cards, or through PayPal. To minimize the risk of unauthorized access, the User's credit card data will be encrypted. Whether the payment method is by credit or debit card or via PayPal, the charge will be made at the time Project Lobster sends the Order Confirmation to the User.

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.

Returns and Exchanges of products

Right of withdrawal

In accordance with applicable regulations, if the User is contracting as a consumer, they may withdraw from the contract (except in cases established by law) and freely return or exchange the delivered Products at any time within a period of fifteen (14) calendar days from the date of delivery (the “Withdrawal Period”). The aforementioned right of withdrawal will not be valid for products that have been manufactured according to the buyer's specifications or are clearly personalized.

Once the returned Product has undergone the relevant inspection to ensure compliance with the requirements established in subsection c) below, and if the

User does not decide to make an exchange, Project Lobster will refund the User the amount of the Product, excluding shipping costs, which will be borne by the User as outlined below: Product collection by Project Lobster in Spain and Portugal will have a cost of €5, and product collection by Project Lobster in the rest of Europe will have a cost of €10.

After the Withdrawal Period has elapsed, no exchanges or returns of Products will be accepted. Exchanges will only be accepted for Products that may have been defective in accordance with the provisions of subsection b) below.

Returns or exchanges will not be accepted for Products purchased during promotional sales periods or special discounts. This condition does not affect the User's right to claim for defective products as indicated above.

Return or replacement of defective Products

Should the User consider that the Product does not conform to the specifications established for said Product, they must contact Project Lobster immediately via email at the contact address hello@aceandtate.com, providing the Product details, as well as informing of the defect it has and whether they opt 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 that Project Lobster will send or return the Product by their own means. Once the pertinent inspection of the returned Product has been carried out, Project Lobster 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 (14) calendar days following the date of sending the Return or Replacement Decision.

Should the return be appropriate, Project Lobster will fully refund the User the price of the Product in addition to the shipping costs incurred by the User. If the User has opted for replacement, Project Lobster will cover all shipping costs.

Common provisions for returns

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

I. To arrange product collection, the User must first contact Project Lobster by sending an email to the contact address hello@aceandtate.com;

II. The User may prove the exercise of the right of withdrawal by any means admitted by law, considering it validly exercised in any case by returning the Product;

III. The Product must be returned in the same condition in which it was received. Project Lobster will not refund any amount if the Product has been damaged, so the User must be careful with the Product while it is in their possession;

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

Use of the Web

Project Lobster provides access to a multitude of information, services, or data (hereinafter "the content") on the Internet belonging to Project Lobster, which the user may access. The user assumes responsibility for the use of the portal. This responsibility extends to any registration necessary to access certain services or content. In such registration, the user will be responsible for providing truthful and lawful information. The user agrees to make appropriate use of the content and services that Project Lobster offers through its website.

Even having adopted the technical measures within its reach, PROJECT LOBSTER is not responsible for or does not guarantee that access to the Website will be uninterrupted or error-free. Nor is it responsible for or does it guarantee that the content or software that can be accessed through the Website is error-free or causes damage. In no case will PROJECT LOBSTER 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.

PROJECT LOBSTER is not responsible for any damage 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.

PROJECT LOBSTER makes every effort to avoid any error in the content that may appear on the Website. However, PROJECT LOBSTER does not guarantee or take responsibility for the consequences that may arise from errors in the content that may appear on the Website.

Website conditions and their acceptance

These Terms and Conditions govern visits to the website www.projectlobster.com. Visiting the website implies full and unreserved acceptance of each and every one of these Terms and Conditions. If you do not agree with the Terms and Conditions, you will not be entitled to visit the website www.projectlobster.com. The customer service for inquiries on this website is also regulated by these Terms and Conditions.

The information appearing on the Website is current as of its last update. PROJECT LOBSTER is not responsible for the timeliness and suitability of the information contained therein.

The User may not alter, change, modify, or adapt the Website. PROJECT LOBSTER 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 and visit of the website

Project Lobster provides its website service free of charge and does not require prior subscription or user registration.

You agree to use the website, its content, and Project Lobster's service in accordance with the law and these Terms, good customs, and public order. Likewise, you undertake not to use the website, its content, and Project Lobster's service for unlawful 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 impair the website and/or its content and/or Project Lobster's service or prevent the normal use or enjoyment of these by other people.

You must refrain from manipulating Project Lobster's identification data offered on the website www.projectlobster.com.

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

Limitation of warranties and liabilities

Project Lobster does not control or guarantee the absence of viruses or other elements in the content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system. Project Lobster excludes all 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 to your computer system, electronic documents or files, and generally to those of the website users.

Even having adopted the technical measures within its reach, PROJECT LOBSTER 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 harm. In no case shall PROJECT LOBSTER 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.

PROJECT LOBSTER is not responsible for damages that may be caused to Users due to 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 is browsing it.

Copyright, intellectual and industrial property

All content on the website www.projectlobster.com and Project Lobster service is the exclusive and worldwide property of Project Lobster including, without limitation, graphic design, logos, images, text, 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 form of exploitation not expressly authorized by the owner of the exploitation rights are prohibited.

All trademarks appearing on the website www.projectlobster.com are registered trademarks owned by Project Lobster.

Technical link devices

The website often provides users with technical linking devices (links, banners, or buttons), directories, and search tools that allow users to access websites owned and/or managed by third parties. Project Lobster does not offer or market, either directly 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 kind of material on these linked sites.

Consequently, Project Lobster disclaims any responsibility for information found outside this website and not managed by Project Lobster. The function 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 destination sites, and therefore, Project Lobster will not be responsible for the result obtained through these hypertext links.

Law and Jurisdiction

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

For any litigious matter between you and Project Lobster arising from the existence or content of these Conditions or your visit to the website, both parties, expressly waiving any other jurisdiction that may apply, submit to the exclusive jurisdiction and competence of the country's courts.