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Terms and Conditions

SuperVista North America, Inc.

Terms and Conditions SuperVista North America, Inc.

Please read through the terms and conditions carefully before registering for an offer on our website and ordering any products at a nearby brillen.com affiliate.  By ordering a brillen.com product, you agree to the terms and conditions of purchase.

 

  1. 1.- General Provisions
    1. 1.1.The following terms and conditions are applicable to all who order brillen.com products at a brillen.com affiliated location. The contract for the sale of eyewear is between the buyer and SuperVista North America, Inc. d/b/a brillen.com (“brillen.com”, “we”, “us” and “our”).
    1. 1.2.The service of measuring, ordering, fitting, adjusting and dispensing the eyewear is provided by the affiliate.  brillen.com supplies the eyewear and related products.
    1. 1.3.When you purchase a brillen.com product at one of our affiliates, you understand and agree that brillen.com works with affiliates to provide you with products, including prescription glasses, sunglasses, accessories and related products (in these terms and conditions, collectively and individually known as “products”). The details of the person or company that provides the services will appear in the receipt provided to you by the brillen.com affiliate that delivers your products.

 

  1. 2.- Prices

The overall prices quoted for brillen.com online include the charge for both frame and lenses.  The price does not include sales tax; if a state taxes the sale of non-prescription or prescription eyewear or both, the tax will be added to the sale in calculating the final cost to you.

 

  1. 3.- Purchasing a product
    1. 3.1.The display of any products or promotions on our brillen.com.com web site, shall be construed as an advertisement and not as an offer. That means that until you complete an order, including making the appropriate payment, we are under no obligation to sell products to you. 
    2. 3.2.If you wish to purchase eyewear from us, you must visit an affiliate. The affiliate who is providing the services to you will work with you to complete a brillen.com order form.  At that time, the affiliate will provide you with the price of the eyewear you select. If we accept the order and have determined that it is technically possible to manufacture (which means that the lens power can be properly inserted in the frame you select, and the lens design and power can be manufactured with the equipment typically used to make eyewear, this will result in a binding contract between you and us (“Contract”). Once you have submitted the order form with our affiliate, both brillen.com and the affiliate will retain your order details.
    3. 3.3.When you order prescription eyeglasses, we will request a valid unexpired prescription.  If you do not have a copy of your prescription, upon your request, our affiliate will assist you in either requesting a copy from the eye doctor that prescribed your eyewear or in helping you schedule an eye examination. We recommend that you have your eyes examined regularly. 

 

For most people who wear eyeglasses, doctors recommend a comprehensive eye examination and refraction to measure the need for corrective eyewear every one to two years and more frequently if you have a health condition that may affect your eyes or vision.  We will process your order once we have the appropriate verification of your prescription.

3.4.While we work hard to make sure that our website, advertisements and other materials we use are up-to-date and accurate, we sometimes may make a mistake.  When there is an error in any advertisement or representation made by brillen.com, including, but not limited to any pricing error on the website, we will propose a reasonable alternative or substitute product. If you decline our proposal, brillen.com will not be bound by its acceptance of your original order. Please note that our sales and other offers may have an expiration date, which we will publish in our advertisements and other materials.

    1. 3.5.You will be informed by e-mail or telephone if the product you have purchased is not available or technically not possible.
    1. 3.6.If a product you attempt to order is not available, brillen.com will offer you a substitute product of equivalent quality and price. If you do not agree to accept such substitute, brillen.com shall reimburse you any payment you have made for a product that is unavailable; such reimbursement will occur promptly.
    1. 3.7.Orders will only be accepted from customers who affirm that they are able to visit the location of an affiliate in the United States for both the ordering and fitting process and for the final adjustment and dispensing.

 

  1. 4.- Payment
    1. 4.1.When you place an order through an affiliate, we will bill you for the full price of the product(s).  In some instances, affiliates have the discretion to accept a down payment less than the full payment. When you pay less than the full price, you agree to pay the outstanding balance upon delivery of the order to you.
    1. 4.2.The prices stated on our website and in our advertisements do not include applicable taxes in your state. We reserve the right to change prices at any time. Infrequently, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will verify prices as part of the ordering and the manufacturing process; if the correct price of a product is less than our stated price, we will charge the lower amount. If the price of a product is higher than the price stated on our website, we will at our discretion, either contact you to confirm that you accept the higher price or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect price.
    1. 4.3.You may pay for your order using credit and/or debit card at an affiliate location. If you have any questions about the methods accepted, you may contact us at service@brillen.com.

 

  1. 5.- Obligations

When you place an order with us, you agree to comply with the brillen.com terms and conditions as well as any guidelines provided to you by your brillen.com affiliate on the day of your visit. You must be 18 years of age or over and be legally able to enter a binding contract.

When you order eyeglasses at one of our affiliate locations using a written prescription, the prescription data provided to the affiliate must be less than two years old. If you don’t have a written prescription, upon your request, our affiliate may contact your previous eye doctor to obtain verification of a valid prescription. Alternatively, you may be able to receive a comprehensive eye examination and a new eyewear prescription at our affiliate’s location.

 

  1. 6.- Delivery and inspection
    1. 6.1. We work very hard to deliver your eyewear and other products to the location where you order within 10-14 days of receiving a completed order (including prescription validation and payment.)  Almost all of our products are delivered to the affiliate within 3 weeks. However, we do not guarantee the availability of products or shipping and delivery times.
    1. 6.2.Once your glasses are delivered to your brillen.com affiliate, we will inform you either via email or via phone that your glasses are ready for you to pick up and have adjusted as needed.
    1. 6.3.Please inspect the goods upon receipt for damages, defects or discrepancies. In the event that the goods are faulty or the prescription is incorrect, please return the goods as soon as possible to the affiliate location where you were served and have them replaced if necessary, under either your 30-day 100% satisfaction guarantee, 90-day non-adaptation guarantee or 1-year breakage warranty.
    1. 6.4.brillen.com shall bear the risk of any damages, theft or loss prior to delivery to you.  Once you have received the product from our affiliate, the risk  of damages, theft or loss is yours, except as described below.  Upon receipt, you and the affiliate should inspect the product(s) to check for damages. If there is any damage, please do not use the product/s and return them to the affiliate as set out in the returns policy.

 

  1. – No Cancellation

Once you have placed an order, you may not cancel the contract.  After delivery, if you are dissatisfied or have a problem, you may return the product to a brillen.com affiliate for an appropriate remedy under our guarantees. If you return a product, you agree to comply with the requirements of our returns policy. You must return all the products in the re-sealable packaging provided with them.

 

  1. - Retention of Title

brillen.com shall remain the owner of any products delivered to the affiliate until the purchase price has been paid in full.

 

  1. 30-Day Satisfaction Guarantee; 12-Week Replacement Guarantee;

1-Year Breakage and Damage Warranty

    1. 9.1.brillen.com guarantees that the products we deliver will comply to the agreement between brillen.com and the consumer, and that the prescription eyeglasses we deliver are manufactured according to the prescription details provided.
    1. 9.2.If a brillen.com frame or lens is faulty or damaged during fitting by a brillen.com affiliate, brillen.com will replace the product free of charge. If you want to upgrade your frame or lenses when ordering replacement product under this section, you may do so.  There may be an additional fee; if so, it will be charged to you at the time of the replacement order.
    1. 9.3.If you are dissatisfied with your purchase at any time during the first 30 days after delivery to you, bring it back to the affiliate location where you received the product and we will take care of the issue (not including loss or theft.)
    1. 9.4.Within 12 weeks of our delivery of prescription eyeglasses to you, if the affiliate performed an eye examination that was the basis for the prescription we used to make your eyeglasses, and a later examination determines that the prescription details are incorrect, brillen.com will replace the lenses according to the new prescription free of charge.  We are not responsible for the cost of your eye examinations or any related costs incidental to such eye examinations.
    1. 9.5.If you are unable to adapt to your glasses because of a progressive addition lens design, you have the right to exchange your lenses once within the first 12 weeks from the date of your purchase. The exchange will be at no cost to you if you choose an alternative product of equal value. If you choose a product of higher value, you will be charged for the price difference. If you choose a product of lower value (e.g., bifocals or single vision glasses), unfortunately, we are not able to refund the price difference.
    1. 9.6.If, at any time in the first year after delivery, your product breaks or has a defect not resulting from improper use or modification, we will repair or replace the product with a similar product of equal value.
    1. 9.7.Our guarantees will not apply if a product defect has arisen due to any improper use of the product by you, or if you or a third party modified, attempted to modify or used the product for purposes for which it is not intended.

 

  1. 10.- Privacy

Please read through our privacy policy carefully to understand our use or treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.

 

  1. - Unforeseeable Circumstances

Neither brillen.com nor you will be obliged to fulfill any contractual obligation if either of us is prevented from doing so due to circumstances outside our respective control. This includes, but is not limited to, postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war, or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidences, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport etc.

 

  1. 12.- Returns Policy and Refund

brillen.com will issue a refund upon return of a product under the following circumstances:

  1. a)You have not been able to adapt to your lenses after attempting an alternative once under Paragraph 9.5 above. 
  2. b)We have been unable to satisfy you in the first 30 days after delivery of the product(s) under Paragraph 9.3 above.

 

Refunds are limited to the amount of the original order, including any taxes if applicable, and whenever possible will be issued against the same payment form as used to pay for the goods. Refunds will be made within a reasonable time, subject to the rules and processes of the banks, credit or debit card issuers involved. 

    1. 2.1.Defective goods: Nothing within the terms and conditions of purchase affect your statutory rights regarding the return of defective goods. In the event that our products or goods are defective, you should report this to brillen.com as soon as possible after discovery of the problem. If you have any questions regarding the returns policy, please contact service@brillen.com .

 

  1. 13.- Intellectual Property Rights

You may not use any of the Intellectual Property Rights on the Website or in our products without express written consent of SuperVista North America, Inc.

 

  1. 14.- Changes to the terms and conditions

We reserve the right to revise and make changes to these terms and conditions of purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, and/or changes in the capabilities of our system. You will be subject to the terms and conditions of purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made retroactively by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we deliver your product(s).If we do provide you notice of such a change, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven days of delivery of the products to you.

 

  1. 15.- Waiver
    1. 15.1.If you breach these terms and conditions of purchase, or if we fail to insist upon strict performance of any of your obligations under the contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them, and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    1. 15.2.A waiver by us of any default shall not constitute a waiver of any subsequent default.
    1. 15.3.No waiver by us of any of the terms and conditions of purchase shall be effective unless it is expressly stated to be waiver and is communicated to you in writing.

 

  1. 16.- Severability

If any of these terms and conditions of purchase us deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

 

  1. 17.- Written communications
    1. 17.1.Applicable laws require that some of the information or communication sent to you should be in writing. When using our website, you accept that communication with us will mainly be electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contract notices, information and other communication provided to you electronically, comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.
    1. 17.2.All notices given by you to us must be given to the brillen.com customer care team per email: at service@brillen.com.  We may give notice to you either by mail, email or phone.  Notice will be effective immediately by telephone and when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of an email or letter, that such email or letter was sent to your specified email or postal address.

 

  1. 18.- Transfer of rights and obligations

18.1.The contract between brillen.com and the Consumer is binding on our respective successors and assigns.

    1. 18.2.You may not transfer, assign, change or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
    1. 18.3.We will use reasonable efforts to inform you in advance of any assignment by us.

 

  1. 19.- Entire Agreement
    1. 19.1.brillen.com intends to rely upon these terms and conditions together with any documents expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these terms and conditions of purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact service@brillen.com.

 

    1. 19.2.We acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions of purchase or any document expressly referred to in them expressly agreed in writing between us.

 

    1. 19.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

 

  1. 20.- Jurisdiction and applicable law

No matter where you are located, the laws of California will govern these Terms and Conditions and the relationship between you and brillen.com, as if you had signed or otherwise agreed to these terms in California, without regard to California’s conflict of laws rules.  If any provisions of these Terms and Conditions are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent with that law.  If a lawsuit or court proceeding is permitted (i.e., arbitration is not required) by these Terms and Conditions, the parties agree to submit to the federal or state courts in Orange County, California for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the products and related services offered by us or your breach of these Terms and Conditions. 

 

  1. 21.- Arbitration

You and brillen.com agree that any and all disputes, controversies, and claims arising out of or relating to these Terms and Conditions, or concerning our respective rights or obligations, shall be settled and determined by arbitration in Orange County, California by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association.  The arbitrator shall have the power to award damages, injunctive relief, and reasonable attorney fees and expenses to any party in such arbitration.  The arbitration award shall be final and binding upon the parties, and judgment on the award may be entered in any court having competent jurisdiction.

Informativa Privacy occhiali24.it

Terms and Conditions SuperVista North America, Inc.

Please read through the terms and conditions carefully before registering for an offer on our website and ordering any products at a nearby brillen affiliate.  By ordering a brillen product, you agree to the terms and conditions of purchase.

 

  1. 1.- General Provisions

 

    1. 1.1.The following terms and conditions are applicable to all who order brillen- eyewear products at a brillen affiliated location. The contract for the sale of eyewear is between the buyer and SuperVista North America, Inc. d/b/a brillen (“brillen”, “we”, “us” and “our”).

 

    1. 1.2.The service of measuring, ordering, fitting, adjusting and dispensing the eyewear is provided by the affiliate.  brillen supplies the eyewear and related products.

 

    1. 1.3.When you purchase a brillen product at one of our affiliates, you understand and agree that brillen works with affiliates to provide you with products, including prescription glasses, sunglasses, accessories and related products (in these terms and conditions, collectively and individually known as “products”). The details of the person or company that provides the services will appear in the receipt provided to you by the brillen affiliate that delivers your products.

 

  1. 2.- Prices

 

The overall prices quoted for brillen online include the charge for both frame and lenses.  The price does not include sales tax; if a state taxes the sale of non-prescription or prescription eyewear or both, the tax will be added to the sale in calculating the final cost to you.

 

  1. 3.- Purchasing a product

 

    1. 3.1.The display of any products or promotions on our brillen.com web site, shall be construed as an advertisement and not as an offer. That means that until you complete an order, including making the appropriate payment, we are under no obligation to sell products to you. 
    2. 3.2.If you wish to purchase eyewear from us, you must visit an affiliate. The affiliate who is providing the services to you will work with you to complete a brillen order form.  At that time, the affiliate will provide you with the price of the eyewear you select. If we accept the order and have determined that it is technically possible to manufacture (which means that the lens power can be properly inserted in the frame you select, and the lens design and power can be manufactured with the equipment typically used to make eyewear, this will result in a binding contract between you and us (“Contract”). Once you have submitted the order form with our affiliate, both brillen and the affiliate will retain your order details.
    3. 3.3.When you order prescription eyeglasses, we will request a valid unexpired prescription.  If you do not have a copy of your prescription, upon your request, our affiliate will assist you in either requesting a copy from the eye doctor that prescribed your eyewear or in helping you schedule an eye examination. We recommend that you have your eyes examined regularly. 

 

For most people who wear eyeglasses, doctors recommend a comprehensive eye examination and refraction to measure the need for corrective eyewear every one to two years and more frequently if you have a health condition that may affect your eyes or vision.  We will process your order once we have the appropriate verification of your prescription.

3.4.While we work hard to make sure that our website, advertisements and other materials we use are up-to-date and accurate, we sometimes may make a mistake.  When there is an error in any advertisement or representation made by brillen, including, but not limited to any pricing error on the website, we will propose a reasonable alternative or substitute product. If you decline our proposal, brillen will not be bound by its acceptance of your original order. Please note that our sales and other offers may have an expiration date, which we will publish in our advertisements and other materials.

 

    1. 3.5.You will be informed by e-mail or telephone if the product you have purchased is not available or technically not possible.

 

    1. 3.6.If a product you attempt to order is not available, brillen will offer you a substitute product of equivalent quality and price. If you do not agree to accept such substitute, brillen shall reimburse you any payment you have made for a product that is unavailable; such reimbursement will occur promptly.

 

    1. 3.7.Orders will only be accepted from customers who affirm that they are able to visit the location of an affiliate in the United States for both the ordering and fitting process and for the final adjustment and dispensing.

 

  1. 4.- Payment

 

    1. 4.1.When you place an order through an affiliate, we will bill you for the full price of the product(s).  In some instances, affiliates have the discretion to accept a down payment less than the full payment. When you pay less than the full price, you agree to pay the outstanding balance upon delivery of the order to you.

 

    1. 4.2.The prices stated on our website and in our advertisements do not include applicable taxes in your state. We reserve the right to change prices at any time. Infrequently, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will verify prices as part of the ordering and the manufacturing process; if the correct price of a product is less than our stated price, we will charge the lower amount. If the price of a product is higher than the price stated on our website, we will at our discretion, either contact you to confirm that you accept the higher price or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect price.

 

    1. 4.3.You may pay for your order using credit and/or debit card at an affiliate location. If you have any questions about the methods accepted, you may contact us at service@brillen.com.

 

  1. 5.- Obligations

 

When you place an order with us, you agree to comply with the brillen terms and conditions as well as any guidelines provided to you by your brillen affiliate on the day of your visit. You must be 18 years of age or over and be legally able to enter a binding contract.

 

 

When you order eyeglasses at one of our affiliate locations using a written prescription, the prescription data provided to the affiliate must be less than two years old. If you don’t have a written prescription, upon your request, our affiliate may contact your previous eye doctor to obtain verification of a valid prescription. Alternatively, you may be able to receive a comprehensive eye examination and a new eyewear prescription at our affiliate’s location.

 

  1. 6.- Delivery and inspection

 

    1. 6.1. We work very hard to deliver your eyewear and other products to the location where you order within 10-14 days of receiving a completed order (including prescription validation and payment.)  Almost all of our products are delivered to the affiliate within 3 weeks. However, we do not guarantee the availability of products or shipping and delivery times.

 

    1. 6.2.Once your glasses are delivered to your brillen affiliate, we will inform you either via email or via phone that your glasses are ready for you to pick up and have adjusted as needed.

 

    1. 6.3.Please inspect the goods upon receipt for damages, defects or discrepancies. In the event that the goods are faulty or the prescription is incorrect, please return the goods as soon as possible to the affiliate location where you were served and have them replaced if necessary, under either your 30-day 100% satisfaction guarantee, 90-day non-adaptation guarantee or 1-year breakage warranty.

 

    1. 6.4.brillen shall bear the risk of any damages, theft or loss prior to delivery to you.  Once you have received the product from our affiliate, the risk  of damages, theft or loss is yours, except as described below.  Upon receipt, you and the affiliate should inspect the product(s) to check for damages. If there is any damage, please do not use the product/s and return them to the affiliate as set out in the returns policy.

 

  1. – No Cancellation

 

Once you have placed an order, you may not cancel the contract.  After delivery, if you are dissatisfied or have a problem, you may return the product to a brillen affiliate for an appropriate remedy under our guarantees. If you return a product, you agree to comply with the requirements of our returns policy. You must return all the products in the re-sealable packaging provided with them.

 

  1. - Retention of Title

 

brillen shall remain the owner of any products delivered to the affiliate until the purchase price has been paid in full.

 

  1. 30-Day Satisfaction Guarantee; 12-Week Replacement Guarantee;

1-Year Breakage and Damage Warranty

 

 

 

    1. 9.1.brillen guarantees that the products we deliver will comply to the agreement between brillen and the consumer, and that the prescription eyeglasses we deliver are manufactured according to the prescription details provided.

 

    1. 9.2.If a brillen frame or lens is faulty or damaged during fitting by a brillen affiliate, brillen will replace the product free of charge. If you want to upgrade your frame or lenses when ordering replacement product under this section, you may do so.  There may be an additional fee; if so, it will be charged to you at the time of the replacement order.

 

    1. 9.3.If you are dissatisfied with your purchase at any time during the first 30 days after delivery to you, bring it back to the affiliate location where you received the product and we will take care of the issue (not including loss or theft.)

 

    1. 9.4.Within 12 weeks of our delivery of prescription eyeglasses to you, if the affiliate performed an eye examination that was the basis for the prescription we used to make your eyeglasses, and a later examination determines that the prescription details are incorrect, brillen will replace the lenses according to the new prescription free of charge.  We are not responsible for the cost of your eye examinations or any related costs incidental to such eye examinations.

 

    1. 9.5.If you are unable to adapt to your glasses because of a progressive addition lens design, you have the right to exchange your lenses once within the first 12 weeks from the date of your purchase. The exchange will be at no cost to you if you choose an alternative product of equal value. If you choose a product of higher value, you will be charged for the price difference. If you choose a product of lower value (e.g., bifocals or single vision glasses), unfortunately, we are not able to refund the price difference.

 

    1. 9.6.If, at any time in the first year after delivery, your product breaks or has a defect not resulting from improper use or modification, we will repair or replace the product with a similar product of equal value.

 

    1. 9.7.Our guarantees will not apply if a product defect has arisen due to any improper use of the product by you, or if you or a third party modified, attempted to modify or used the product for purposes for which it is not intended.

 

 

 

  1. 10.- Privacy

 

Please read through our privacy policy carefully to understand our use or treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.

 

  1. - Unforeseeable Circumstances

 

Neither brillen nor you will be obliged to fulfill any contractual obligation if either of us is prevented from doing so due to circumstances outside our respective control. This includes, but is not limited to, postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war, or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidences, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport etc.

 

  1. 12.- Returns Policy and Refund

 

brillen will issue a refund upon return of a product under the following circumstances:

 

  1. a)You have not been able to adapt to your lenses after attempting an alternative once under Paragraph 9.5 above. 
  2. b)We have been unable to satisfy you in the first 30 days after delivery of the product(s) under Paragraph 9.3 above.

 

Refunds are limited to the amount of the original order, including any taxes if applicable, and whenever possible will be issued against the same payment form as used to pay for the goods. Refunds will be made within a reasonable time, subject to the rules and processes of the banks, credit or debit card issuers involved. 

 

    1. 2.1.Defective goods: Nothing within the terms and conditions of purchase affect your statutory rights regarding the return of defective goods. In the event that our products or goods are defective, you should report this to brillen as soon as possible after discovery of the problem. If you have any questions regarding the returns policy, please contact service@brillen-eyewear.com .

 

  1. 13.- Intellectual Property Rights

 

You may not use any of the Intellectual Property Rights on the Website or in our products without express written consent of SuperVista North America, Inc.

 

  1. 14.- Changes to the terms and conditions

 

We reserve the right to revise and make changes to these terms and conditions of purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, and/or changes in the capabilities of our system. You will be subject to the terms and conditions of purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made retroactively by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we deliver your product(s).If we do provide you notice of such a change, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven days of delivery of the products to you.

 

  1. 15.- Waiver

 

    1. 15.1.If you breach these terms and conditions of purchase, or if we fail to insist upon strict performance of any of your obligations under the contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them, and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

    1. 15.2.A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

    1. 15.3.No waiver by us of any of the terms and conditions of purchase shall be effective unless it is expressly stated to be waiver and is communicated to you in writing.

 

  1. 16.- Severability

 

If any of these terms and conditions of purchase us deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.

 

  1. 17.- Written communications

 

    1. 17.1.Applicable laws require that some of the information or communication sent to you should be in writing. When using our website, you accept that communication with us will mainly be electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contract notices, information and other communication provided to you electronically, comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.

 

    1. 17.2.All notices given by you to us must be given to the brillen customer care team per email: at service@brillen-eyewear.com.  We may give notice to you either by mail, email or phone.  Notice will be effective immediately by telephone and when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of an email or letter, that such email or letter was sent to your specified email or postal address.

 

  1. 18.- Transfer of rights and obligations

18.1.The contract between brillen and the Consumer is binding on our respective successors and assigns.

 

    1. 18.2.You may not transfer, assign, change or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.

 

    1. 18.3.We will use reasonable efforts to inform you in advance of any assignment by us.

 

  1. 19.- Entire Agreement

 

    1. 19.1.brillen intends to rely upon these terms and conditions together with any documents expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these terms and conditions of purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact service@brillen.com.

 

    1. 19.2.We acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions of purchase or any document expressly referred to in them expressly agreed in writing between us.

 

    1. 19.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

 

  1. 20.- Jurisdiction and applicable law

 

No matter where you are located, the laws of California will govern these Terms and Conditions and the relationship between you and brillen, as if you had signed or otherwise agreed to these terms in California, without regard to California’s conflict of laws rules.  If any provisions of these Terms and Conditions are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent with that law.  If a lawsuit or court proceeding is permitted (i.e., arbitration is not required) by these Terms and Conditions, the parties agree to submit to the federal or state courts in Orange County, California for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the products and related services offered by us or your breach of these Terms and Conditions. 

 

  1. 21.- Arbitration

 

You and brillen agree that any and all disputes, controversies, and claims arising out of or relating to these Terms and Conditions, or concerning our respective rights or obligations, shall be settled and determined by arbitration in Orange County, California by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association.  The arbitrator shall have the power to award damages, injunctive relief, and reasonable attorney fees and expenses to any party in such arbitration.  The arbitration award shall be final and binding upon the parties, and judgment on the award may be entered in any court having competent jurisdiction.