Please read through the terms and conditions carefully before registering for an offer on our website and ordering any products at the nearest brillen.com Partner Optical. By purchasing a brillen.com product, you agree to the terms and conditions of purchase.
1 - General Provisions
1.1. The following terms and conditions are applicable to all, who purchase brillen.com products at a brillen.com Partner Optical. The contract is between the buyer and SuperVista North America, Inc. ..
1.2. The service is provided by the Partner Optical and SuperVista North America, Inc.. supplies the products.
1.3. When purchasing a brillen.com product at one of our Partner Opticals you agree that brillen.com supplies you with healthcare products, including prescription glasses, sunglasses, accessories and related products, (in these terms and conditions also known as “goods” and “products”). The details of the company, from whom you have purchased, will appear in the receipt provided to you by the nearest brillen.com Partner Optical.
2 - Prices
The overall prices promoted for brillen.com online, reflect both the charge for the eyeglasses (frame and lenses), as well as the warranty on the eyeglasses.
3 - Purchasing a product
3.1. The display of any products or promotions at our brillen.com web site, shall be construed as an advertisement and not as an offer. On the day of your appointment, your nearest Partner Optical will fill out a brillen.com order form with you and provide you with an exact price. If the order is accepted and technically possible, this will result in a binding contract between you and us (“Contract”).
3.2. Once you have submitted the order form with a Partner Optical, both brillen.com and the Partner Optical will retain your order details. Your order is manufactured by a brillen.com production facility, once your prescription has been verified.
3.3. brillen.com may not be bound by its acceptance of your order if there is an error in any advertisement or representation made by brillen.com associated with it, including, however not limited to any pricing error on the website. Please read through the footer of any offer and reference the expiration date when ordering.
3.4. You will be informed by e-mail or telephone if the product you have purchased is not available or technically not possible.
3.5. If a product purchased is not available, brillen.com will offer you a substitute product of equivalent quality and price. If brillen.com is to provide you with an alternative or you do not agree to accept such substitutes, brillen.com shall reimburse you the payment within 14 days of the date brillen.com receives you order (Refunds policy).
3.6. Orders can only be accepted from residents living in the United States.
4 - Payment
4.1. Payment can either be made upfront in full or minimum 50% prepayment upon ordering (applicable to any brillen.com product). The outstanding amount is to the be paid upon collection.
4.2. The prices stated on our website and in our advertisements "may not include applicable taxes in your state". The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, however changes will not affect orders in respect of which we have an error. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will verify prices as part of the order process so that, where the correct price of a product is less than our stated price, we will charge the lower amount when pricing your product. If the price of a product is higher than the price stated on our website, we will at our discretion, either contact you for instructions before the product, or reject your order and/or notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after the product has been ordered.
4.3. Payment can be made using cash, credit and/or debit card at a Partner Opticals location, depending on the available payment possibilities at the time of order. Your card details will be encrypted to minimize the risk of authorized access or disclosure.
5 - Obligations
5.1. All customers: You agree to comply to the brillen.com terms and conditions as well as guidelines provided by your nearest brillen.com Partner Optical on the day of your appointment.
5.2. Prescription glasses: If you decide to purchase glasses at one of our Partner Optical locations and wish to use the prescription provided to you by your previous optician, please confirm the following:
a) That the prescription data provided to the Partner Optical is valid (prescription is less than two years old).
b) You agree that our Partner Optical contacts your previous eye doctor to confirm that your prescription details are correct. If the verified prescription details do not correspond with those provided by you, our Partner Optical will not be able to process an order for you, without preforming a new eye test.
c) You are 18 years of age or over.
d) You are legally able to enter a binding contract.
6 - Delivery and inspection
Please note that the products will be shipped and delivered within a period of 3 weeks to your Partner Optical
6.1. Once your glasses are delivered to your brillen.com Partner Optical, you will be informed either via email or contacted via phone that your glasses are ready for you to pick up and have them adjusted.
6.2. We make every effort to ship all products upon completion and within 21 working days from the date of your order, subject to validation of your prescription. Please note, we do not guarantee the availability of products or shipping times. Subject to delays outside brillen.com control, the overall delivery period should not exceed 30 days.
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 your Partner Optical and have them replaced if necessary, under either your 100% satisfaction guarantee or 1-year insurance.
6.4. brillen.com shall bear the risk of any damages, theft or loss that occur during transport to the Partner Optical. The risk will be passed to the customer on the day of receipt. Upon receiving, please inspect the product/s to check for damages. If there is any damage, please do not use the product/s and return them as set out in the returns policy.
7 - 1 Year Warranty
7.1. Covered are those, who have purchased a product from brillen.com and have paid in full for their product.
7.2. "The brillen.com warranty covers 100% of remaking the original eyewear ordered."
7.3. Your warranty applies when damages to your frames and (or) lenses as well as changes in your prescription of at least 0,5 diopters," have taken place within the first 12 months from the date of purchase.
7.4. In the event you need to utilize the warranty, please return your glasses to a brillen.com Partner Optical for inspection. The Partner Optical will then determine whether the glasses can be repaired or need complete replacement.
7.5. Once the warranty expires, brillen.com will no longer cover any damages or changes to your prescription.
7.6. Warranty will not apply if a defect has risen due to any improper use by you. This also includes repairs that have been made by third parties.
8 - Guarantee
8.1. brillen.com guarantees that the products delivered comply to the agreement between brillen.com and the consumer, in addition to that the glasses are manufactured according to the prescription details provided. However, brillen.com may not be held responsible if your eyes do not tolerate any glasses, except when the lenses were not manufactured correctly according to the specifications provided.
8.2. If the product provided is faulty or damaged during fitting by a brillen.com Partner Optical, brillen.com will replace the product free of charge. If the Partner Optical performs an eye test and the prescription details are incorrect, brillen.com will replace the lenses according to the new prescription free of charge.
8.3.The guarantee will not apply if a defect has risen due to any improper use of the products by you, or if you or a third party without brillen.com written permission attempted to modify them or used them for purposes for which they are not intended.
8.4. Should further upgrades be requested and included in the remake of the faulty glasses, the additional costs for the upgrades need to be covered either upfront or upon collection.
9 - 100% Satisfaction guarantee:
If you are unable to adapt to your glasses, you have the right to exchange your lenses once within the first 12 weeks from the date of your purchase. Should performing this fulfillment lead to high costs, this will limit the customers right of fulfillment. During a replacement, you are to accept an alternative product with similar features being either of equal or higher value. If you choose a product of higher value, you may be charged extra for the price difference. If you wish to take a product of lower value (bifocals or single vision glasses) using 100% satisfaction guarantee, SuperVista North America, Inc. is not required to refund the price difference.
10 - Privacy
11 - Cancellation Right
11.1. If you are contracting as a consumer, you may only cancel the contract and return the product to a brillen.com Partner Optical if you cannot tolerate your lenses and brillen.com cannot offer you an appropriate alternative (depending on your prescription). To cancel your order, please contact the brillen.com Partner Optical that placed your order. If you return the products, you are obliged to comply with the requirements of the returns policy. You must return all the products in the re-sealable packaging provided with them.
12 - Retention of Title
brillen.com remains the owner of any products delivered to the Partner Optical until the purchase price has been paid in full and no right of cancellation remains available to you under 11.1.
13 - Unforeseeable Circumstances
13.1. 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, however 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, subsidence’s, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. etc.
14 - Returns Policy and Refund
14.1. brillen.com can issue a full refund if a) You cannot tolerate your glasses. b) The glasses are delivered faulty. c) The glasses are manufactured according to the prescription details provided. You can either make use of your 100% satisfaction guarantee. Your lenses will hereby be replaced once or you can switch to bifocals or single vision. If brillen.com cannot offer an appropriate alternative due to a very high prescription, a full refund will be made.
14.2. If there is a delay in the delivery of the product ordered with a partner optician, depending on the reason, you can request a discount. Please notify brillen.com by email at firstname.lastname@example.org if there is such a delay.
14.3. brillen.com provides a replacement if:
a) The prescription glasses are supplied with the wrong prescription/specification.
b) Products are supplied faulty.
c) The Partner Optical accidentally damages your glasses during fitting.
14.4. All returns: You should report immediately to brillen.com by email at email@example.com in the event that you wish to return the goods for any of the reasons in clause.
14.5. brillen.com will ask you to return your prescription glasses to the brillen.com Partner Optical where you ordered them.
14.6. Refunds will be limited to the maximum value of the original order and will only be issued against the same payment form as supplied to pay for the goods. Refunds and payments of discounts will take place within 5 business days . Refund is not possible via card terminal back to credit or debit card. Refunds can be refused if the product has not been returned to the brillen.com Partner Opticals.
14.7. Defective goods: Nothing within the terms and conditions of purchase affect your statutory rights regarding the return of defective goods. In the event goods are supplied defective, then 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 firstname.lastname@example.org.
15 - 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..
16 - Changes to the terms and conditions
brillen.com reserves 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 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 send you the email confirmation (in which case 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 working days of receipt by you of the products).
17 - Waiver
17.1. 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.
17.2. A waiver by us of any degree shall not constitute a waiver of any subsequent issues.
17.3. 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.
18 - 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.
19 - Written communications
19.1. 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.
19.2. All notices given by you to us must be given to brillen.com customer care team per email: at email@example.com We may give notice to you either by email or phone immediately 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 a letter, that such email was sent to the specified email address of the address.
20 - Transfer of rights and obligations
20.1. The contract between brillen.com and the Consumer is binding and on our respective successors and assigns.
20.2. You may not transfer, assign, charge 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.
20.3. You may not transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of your rights or obligations arising under it, at any time during the term of the contract and will use reasonable efforts to inform you in advance of any such assignment.
21 - Entire Agreement
21.1. 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 brillen.com.
21.2. 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.
21.3. 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.
22 - Jurisdiction and applicable law
The terms and conditions of purchase and the contract shall be construed in accordance with U.S. law. Any dispute arising from or related to the terms and conditions of purchase or the contract shall be subject to the non-exclusive jurisdiction of the courts the United States.