Terms of service

TERMS OF SERVICE

Welcome to REYEWEAR. The terms "we", "us" and "our" refer to REYEWEAR. REYEWEAR operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the "Services"). REYEWEAR is powered by Shopify, which enables us to deliver the Services to you.

The terms and conditions below, together with any policies referred to herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in the state or province where you live, and you have given us permission to allow any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our store or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing and delivery address, and payment details. You represent and warrant that all information you provide in our store is accurate, current and complete, and that you have all rights necessary to provide such information.

You are solely responsible for the security of your account login credentials and for all activity on your account. You may not transfer, sell, assign or licence your account to another person.

Section 2 — Our Products

We have made every effort to display our products and services as accurately as possible. Please note that colours or the appearance of products may differ from how they appear on your screen, depending on the device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted in our store.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to a person, geographic region or jurisdiction on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. REYEWEAR reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until REYEWEAR has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as REYEWEAR may not be able to process cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will endeavour to notify you using the email address, billing address or phone number provided at the time of ordering.

Returns and exchanges are only accepted in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Pricing and Billing

Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices exclude taxes, shipping and handling charges, and customs or import duties.

Prices in our store may differ from prices in physical stores or in stores operated by third parties. We may offer promotions from time to time that affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is truthful, accurate and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the listed prices, including shipping and handling charges and any applicable taxes.

Section 5 — Shipping and Delivery

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product controls, video and audio, and the design, selection and arrangement thereof, are owned by REYEWEAR, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property of REYEWEAR, Shopify or any third party. All rights not expressly granted herein are reserved by REYEWEAR.

The names, logos, product and service names, designs and slogans of REYEWEAR are trademarks of REYEWEAR or its subsidiaries or licensors. You may not use such trademarks without the prior written permission of REYEWEAR.

Section 7 — Optional Tools

You may have access to third-party tools offered as part of the Services, over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools. Any use of optional tools is entirely at your own risk and discretion.

Section 8 — Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave the Services to access third-party sites, you do so at your own risk. We are not liable for any damages in connection with your use of third-party websites or your purchase or use of products or services from third parties.

Section 9 — Warranty

9.1 General Every REYEWEAR frame comes with a lifetime warranty against manufacturing defects. This warranty applies exclusively to the original purchaser and is non-transferable. It cannot be claimed by any third party, including but not limited to second-hand buyers, gift recipients, or any person who did not make the original purchase directly through getreyewear.com.

9.2 What is covered This warranty covers defects that result directly from the manufacturing process and manifest under normal use conditions, including structural frame breakage under normal use, spontaneous lens detachment not caused by impact or misuse, hinge failure under normal use, frame separation or delamination, and coating failure under normal use including peeling, flaking or discolouration not caused by chemical exposure, heat or misuse.

A manufacturing defect is defined exclusively as a flaw in materials or workmanship that existed at the time of purchase. REYEWEAR reserves the sole right to determine whether a reported issue constitutes a manufacturing defect under these terms.

9.3 What is not covered This warranty explicitly does not cover damage caused by accidents, drops, impact or collision of any kind; scratched, cracked or broken lenses resulting from normal wear, contact with hard surfaces, or misuse; damage caused by improper storage including exposure to excessive heat, direct sunlight for prolonged periods, or contact with chemicals, solvents, perfumes or cleaning agents not approved for eyewear use; damage caused by unauthorised modifications, repairs or alterations; cosmetic damage including minor scratches, scuffs or surface wear resulting from normal daily use; damage resulting from failure to follow REYEWEAR care instructions; frames purchased from any source other than getreyewear.com including unauthorised resellers, second-hand platforms or third-party marketplaces; frames that have been reported lost or stolen; damage caused by exposure to saltwater, chlorinated water or extreme environmental conditions; any damage the claimant cannot demonstrate occurred under normal use conditions; and normal wear and tear including gradual lens fading, minor frame flexing or hinge loosening over extended periods of regular use.

9.4 Claim limit This warranty is strictly limited to one replacement per original purchase order. Once a replacement has been issued, the warranty on that original purchase is considered fulfilled in its entirety. No further claims will be accepted for that order under any circumstances. The replacement frame carries no new warranty period and is not eligible for a further replacement claim.

9.5 Proof of purchase All warranty claims require valid proof of original purchase. Accepted proof of purchase includes the original order confirmation email or order number issued by REYEWEAR at the time of purchase. Claims submitted without valid proof of purchase will not be processed under any circumstances.

9.6 How to submit a claim To submit a warranty claim, the original purchaser must contact REYEWEAR at info@getreyewear.com and provide their full name as used at the time of purchase, the original order number, the date of purchase, a detailed written description of the defect, and a minimum of two clear unedited photographs showing the defect from different angles taken in good lighting. Incomplete claims will not be processed. REYEWEAR reserves the right to request additional information or evidence before making a decision. Submission of a claim does not guarantee approval.

9.7 Claim assessment Upon receipt of a complete claim, REYEWEAR will assess the reported defect within 5 business days. REYEWEAR holds the sole and final right to determine whether a defect qualifies as a manufacturing defect under the terms of this warranty. This determination is not subject to appeal except where additional material evidence is provided by the claimant within 14 days of a denial notice.

9.8 Return of defective frame REYEWEAR reserves the right to require the return of the defective frame before issuing any replacement. If a return is requested, REYEWEAR will provide a prepaid return shipping label. The defective frame must be returned in its original condition, unmodified and unrepaired. Failure to return the defective frame when requested will result in the claim being voided and no replacement being issued.

9.9 Replacement If a claim is approved, REYEWEAR will ship a replacement frame of the same model and colour where available. If the exact model or colour is no longer in stock or has been discontinued, REYEWEAR's sole obligation is to provide a comparable replacement of equal or greater value as determined by REYEWEAR. No cash alternative, refund or store credit will be issued in lieu of a replacement frame under this warranty.

9.10 Fraudulent or abusive claims Any attempt to submit a fraudulent, misleading, manipulated or false warranty claim — including submitting altered photographs, misrepresenting the cause of damage, claiming damage is a manufacturing defect when it is not, or submitting multiple claims for the same order — will result in the immediate and permanent cancellation of all warranty rights associated with that purchase. REYEWEAR reserves the right to refuse all future warranty claims from any party found to have submitted a fraudulent or abusive claim, and reserves the right to take further legal or civil action where applicable under Dutch law.

9.11 Limitation of liability This warranty is the sole and exclusive remedy available to the original purchaser for manufacturing defects. REYEWEAR's total liability under this warranty is strictly limited to the provision of a replacement frame as described in section 9.9. REYEWEAR is not liable for any indirect, incidental, consequential, special or economic damages of any kind arising from a defect or from the use of any REYEWEAR product.

9.12 Governing law This warranty is governed exclusively by the laws of the Netherlands. Any disputes arising from or relating to this warranty shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

9.13 Full warranty terms The complete REYEWEAR Lifetime Warranty Terms & Conditions are available at getreyewear.com/pages/lifetime-warranty. In the event of any conflict between this section and the full warranty terms, the full warranty terms shall prevail.

9.14 Mystery Glasses
Mystery Glasses purchases are explicitly excluded from the REYEWEAR Lifetime Warranty. No warranty of any kind applies to Mystery Glasses, including but not limited to manufacturing defects. Mystery Glasses are sold as-is and are not eligible for warranty claims under any circumstances.

Section 10 — Relationship with Shopify

REYEWEAR is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases you make in our store are made directly with REYEWEAR. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and REYEWEAR, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to your purchases and transactions with REYEWEAR.

Section 11 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this privacy policy.

Section 12 — Feedback

If you submit, upload, post, email or otherwise send us ideas, suggestions, feedback, reviews, proposals or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback complies with these Terms.

Section 13 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is incorrect, at any time without notice.

Section 14 — Prohibited Use

You may only visit and use the Services for lawful purposes. You may not use the Services (a) for unlawful or malicious purposes; (b) to violate any laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any person; (e) to submit false or misleading information; (f) to upload or transmit viruses or malicious code; (g) to send spam or unsolicited communications; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use of the Services or that may harm REYEWEAR, Shopify or users of the Services.

Section 15 — Agents

15.1 This section applies if you use, permit, enable or allow an Agent to access, use or interact with the Services. "Agent" means any software or service that autonomously or semi-autonomously takes action on behalf of a person or entity and that may operate on behalf of or using a person's device without direct supervision.

15.2 An Agent may not access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in section 15.4. An Agent may not access, use or interact with the Services if we have asked it to refrain from doing so.

15.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.

15.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name in the user-agent string; (ii) not conceal or obscure that access, use or interactions originate from an Agent; (iii) truthfully answer any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measures intended to block, restrict, modify or monitor how Agents access, use or interact with the Services.

Section 16 — Termination

We may terminate this agreement or your access to the Services at any time at our sole discretion and without notice. You remain liable for all amounts owing up to the date of termination.

Section 17 — Disclaimer of Warranties

Information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Unless expressly stated by REYEWEAR, the Services and all products offered through the Services are provided "as is" and "as available" without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Section 18 — Limitation of Liability

To the fullest extent permitted by law, in no event shall REYEWEAR, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise.

Section 19 — Indemnification

You agree to indemnify, defend and hold harmless REYEWEAR, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, arising out of or resulting from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 20 — Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

Section 21 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms of Service, together with any policies or rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications or proposals between you and us.

Section 22 — Assignment

You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

Section 23 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which REYEWEAR is established. You and REYEWEAR consent to the jurisdiction and venue of such courts.

Section 24 — Headings

Headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.

Section 25 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 26 — Contact Information

Questions about the Terms of Service should be sent to us at info@getreyewear.com.

REYEWEAR info@getreyewear.com Tingietersweg 59, 2032 ER Haarlem, Netherlands +31 6 12655023 KVK: 94879966 VAT: NL005114844B58